City of Lyndhurst, Ohio City Council
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December 3, 2012: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, December 3, 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, November 19, 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:
 
THIRD READING
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.
 
THIRD 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.
 
ORDINANCE NO. 2012-91
INTRODUCED BY: ADMIN
 
AN ORDINANCE TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD BEGINNING JANUARY 1, 2013 AND ENDING MARCH 31, 2013 AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-92
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING ORDINANCE NO. 2012-81 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR BARGAINING EMPLOYEES IN WHICH VARIOUS OFFICES AND DEPARTMENTS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2012-81 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-93
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING ORDINANCE NO. 2012-45 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR NON-BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, INCLUDING MEMBERS OF BOARDS AND COMMISSIONS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATION, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2012-45 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-94
INTRODUCED BY: ADMIN
 
TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2012, REPEALING ORDINANCE NO. 2012-67 AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-95
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 452 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PARKING GENERALLY" BY AMENDING SECTION 452.17 REGARDING PARKING FINES.
 
ORDINANCE NO. 2012-96
INTRODUCED BY: ADMIN
 
AN ORDINANCE CREATING THE POSITION OF CITY ENGINEER FOR THE PERIOD BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2014; FIXING THE DUTIES AND COMPENSATION FOR SAID POSITION; PROVIDING FOR THE MAYOR TO CONTRACT FOR OTHER MUNICIPAL ENGINEERING SERVICES FOR THE CITY; AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2012-97
INTRODUCED BY: ADMIN
 
AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE GRANTING OF ANY PERMITS ALLOWING THE OPERATION OF INTERNET CAFES IN THE CITY, OR PERMITS ALLOWING BUSINESSES TO DEVOTE FLOOR SPACE TO INTERNET BASED SWEEPSTAKES GAMES IN THE CITY, AND DECLARING AN EMERGENCY.
 
Correspondence:
 
Ohio Division of Liquor Control for a D5I Liquor Permit for ARS Food Service LLC dba Red Square Restaurant, 5131 Mayfield Road.
 
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.
 
December 3, 2012: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Monday, December 3, 2012 at 8:02 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; 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. Ward, that the reading of the minutes of the Regular Meeting of Council held Monday, November 19, 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 announced the Holiday Lighting will be Friday at 7:00P.M.
 
FINANCE COMMITTEE - Chairman Ward had no report; however, he stated he will be commenting on the Legislation that Committee has recommended at the time they are presented.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
 
ROADS AND UTILITIES COMMITTEE - Chairman Gambatese had no report.
 
SAFETY COMMITTEE - Chairman LoPresti read his minutes into the record:
 
"The Safety Committee met on, Monday, November 19, 2012, in the conference room at Lyndhurst Municipal Center. Present at the meeting were Safety Committee Members Schlessel and Ward and Chairman LoPresti. Also present were Councilman Frye, Gambatese Marko and Packard, Law Director Murphy, Finance Director Kovalchik, Chief Porrello and Chief Carroll. The Meeting was called to order at 7:32pm. The purpose of the meeting was to discuss Ordinance Nos. 2012-37 and corresponding City Ordinance Section 618.
 
"The Committee discussed the updated language of proposed Ordinance 2012-37 and proposed new Code Section 618.021 titled "TETHERING ANIMALS". Specifically, Section (a)(2) and (a)(3) were deleted; Section (a)(5) was amended to change the minimum tether length from 20 to 10 feet in length; and Section (c) was amended to remove the "minor misdemeanor" designation for a first offense. Rather, whoever violates this Section would be guilty of a "misdemeanor of the fourth degree" for the first offense, a "misdemeanor of the third degree" for a second offense, and a "misdemeanor of the first degree" for a third or any subsequent offense.
 
"After additional discussion regarding the above and other related issues, a Motion was raised by Mr. Ward, seconded by Mr. Schlessel, that the Safety Committee recommend to Council to remove Ordinance 2012-37 from the Table, and add it to the November 19, 2012 Council Meeting Agenda, with changes, for passage. Motion passed.
 
"Thereafter, the Committee discussed Chief Porrello's suggested changes to Code Section 452.17, regarding parking fines. A Motion was raised by Chairman LoPresti, seconded by Mr. Ward, that the Safety Committee recommend to Council to change the Parking Fine Amounts as follows:
 
Fire Lane
 
$20 (W/IN 72 HRS)
 
$35 (AFTER 72 HRS)
Handicap
 
$100 (W/IN 72 HRS)
 
$150 (AFTER 72 HRS)
All Other
 
$10 (W/IN 72 HRS)
 
$20 (AFTER 72 HRS)

 
"No other business was discussed and the Meeting adjourned at 7:45pm."
 
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 - Cassandra Jones reported on a Positive Student Achievement. Chelsea Conwell, a tenth grader at Brush, was selected to be a spectator at the inauguration. Ms. Jones reported that basketball season is underway, all home games played last weekend won. Ms. Jones stated the superintendent goals are up and running. Ms. Jones said small focus groups will be beginning and asks if you are contacted please participate. Ms. Jones stated that all buildings are participating in Holiday Give Back initiatives to teach the children to give back.
 
Mr. Schlessel stated Councilman Frey, Councilman Ward and himself will be leading a focus group on January 9, 2012 at 7:00P.M. at the Community Center.
Mr. Ward said if any person is interested to contact Councilman Frey, Councilman Schlessel or himself.
 
E. Dale Inkley asked when the next school board meeting will be held.
Ms. Jones stated it is scheduled for next Tuesday.
 
The meeting was opened to public comment.
 
Richard Clark, 5347 Chickadee Lane, apologized to Mr. Gambatese for denying attendance at a Citizens Committee Meeting to study a detailed budget, because after further reflection he remembered taking part. Mr. Clark stated Harry Singer expressed his desire to organize a group of private enterprise business people to look over a detailed budget to help City Council bring future budgets into light with future revenue, he said it has been done in the past and we should do it again. Mr. Clark asked what the deadline is to avoid cost of the May special election. Mr. Clark inquired how long the recording of the Council Meetings are kept. Mr. Clark stated his request for the context of the Mayors tax issue statement was not referenced in the minutes; he further stated that an addendum to the minutes is necessary.
 
Dr, Jeff Salerno, 1438 Henning, expressed his opinions about the tax credit and stated that he opposes the passage of the tax credit. Dr. Salerno stated that he collected 130 signatures from tax paying individuals who demand a fair and balanced approach to this deficit problem. Dr. Salerno said for the record he is in favor of a citywide tax increase, not one that closes the budget gap completely, but one that would get us closer. Dr. Salerno asked on behalf of himself and the other 120 people in his district for their Councilman to vote no on the City Ordinance tonight.
 
Dennis Gustavson, 4907 Westbourne, asked what the taxable income was in 2007 and 2011.
Mary Kovalchik stated the Municipal Income Tax revenue is up 8.6% but that is in net profit and net profit is based on estimates that come in very high. Ms. Kovalchik said that in reality the increase is probably close to 5.2%.
Mr. Gustavson inquired how 1099s would be affected by the tax credit/tax rate issue.
Mr. Ward said that if you do not currently pay RITA this will not impact you.
 
Marge Cirillo, 5173 Graham, inquired about the ballot language.
Mr. Ward stated that the language has not been discussed at this time.
Ms. Cirillo asked her Councilman to vote no on the tax legislation tonight.
 
Mike Shlonsky, 5306 Meadow Wood, asked if third reading of the tax Ordinance would automatically put it onto the ballot.
Mr. Murphy explained the procedure of the passage of legislation.
Mr. Shlonsky asked that Council table the Ordinance.
 
Elizabeth DeGiovanni, 5169 Thornbury, asked what the latest withdraw date would be if Council decides to put the tax rate on the ballot.
Mr. Murphy stated Legislation has to be certified to the Board of Elections not less than 90 days prior to the election. Mr. Murphy explained the Legislation.
 
Mr. Gambatese thanked everyone for coming out tonight and expressing their opinions.
 
Mr. Ward read the following comment into record:
 
"At the last meeting a comment was made which struck me deeply. The implication was that some of us are failing in our responsibility to effectively represent our residents who would suffer the impact of our proposed action on the Income Tax Rate/Income Tax Credit issue if they work outside Lyndhurst - especially those who might work in a city that just increased their own Income Tax rate. I chose not to address that statement at the time as the response would have been more parts emotion than substance. For the record, most of us sitting here have wives who work, who pay taxes and who would suffer the ramifications of our actions just as every other resident might. Most of us work outside the City as well so we are not having these tax discussions in a vacuum. No one, least of all my wife, wants to pay more taxes. And, for the record, if it was our intention to be less "representative" we would have made a decision a long time ago and not analyzed, re-analyzed and re-analyzed an approach to a problem we ALL AGREE needs to be addressed. It is most certainly that desire to really represent our residents and our community that has driven and continues to drive these discussions.
 
"So, let me repeat, for the record, I am not happy at the prospect my taxes will go up and I do not expect anyone else to be. I do; however, expect people - especially those sitting up here - to understand the resources we have, understand how carefully we budget and utilize those resources, understand that we watch these resources closely and that we consider every suggestion that could make us more efficient and effective.
 
"When Council looks at our budgets, our programs our spending our staff; we look at it from the standpoint of the programs and our - Council's - expectations for an acceptable level of service for OUR residents. When our departments report to us some of us review the activities of our employees, the specific calls for service and analyze the character of those calls in order to ascertain trends and assure we understand what our residents need and what our employees are required to do. That analysis is crucial to us being effective in deploying the resources we have available and assuring our residents are, indeed, served. Many of us bring a business perspective to these discussions and must balance the common sense of business to the precarious work of public service. Unlike a private business there is rarely a correlation between a reduction in revenue and a reduction in need for service in fact there is oftentimes an opposite rise in need as resources become tight.
 
"For 3 months and six meetings I have walked my Committee through numerous options to address a problem that some of us have been preparing for since 2006. Those preparations included getting everyone on the same page with regard to our budgets, our continual analysis of operations, making recommendations and asking questions, acting upon the recommendations of the Administration and our Department Heads and supporting them through purchases and funding that brought program changes to extend the effectiveness of our tax dollars, enlisting the support of our employees through their two contract extensions with no changes and yearly, yes yearly, Benefit Plan reviews that require their added financial participation to keep our premium costs down. The proof of the effectiveness of these efforts is evident in the fact that our 2011 expended dollars were less than 2007 our expenses are less than 2007 and our Administration and Departments continue in their efforts to drill those expenses down in order to bolster our carry forward end of year balances. That, ladies and gentlemen is the business of public service.
 
"I have reached out to all of my colleagues, have asked for and have received much in the way of questions, suggestions and concerns as we have grappled with our own little version of the "fiscal cliff". I have, with the vigilant assistance of our Finance Department, seen to it that illustrations have been produced to support my Committee member's need for data to justify several points of view as we debated the financial needs of our community. What these discussions have boiled down to is four things:
 
  • We all absolutely agree there is a need for additional funds.

  •  
  • We all agree the additional burden should be borne by non-residents not just Lyndhurst residents in a balanced approach.

  •  
  • There were two options not eliminated from the (6) originally presented
    Asking the voters to support a 1.75% rate and maintain the .50% credit - or
    Asking the voters to support a 2.00% rate and maintain the .50% credit

  •  
  • Residents want us to be totally transparent about the need and the course of action to address it.

  •  
    "At the last meeting it was illustrated the 1.75% option would not serve the needs of our community beyond the near term. I have asked, repeatedly, for alternatives from my colleagues - alternatives that would allow us to justify asking our residents for less dollars but provide them with services we define as acceptable.
     
    Many of you have attended every meeting and have heard what has or has not been put on the table.
     
    "Anyone who has attended our yearly Finance Appropriations meetings has witnessed the detail with which we review the various functions of each of our Departments. They have also witnessed the unanimous support each and every line of expense has received from each and every one of your representatives here.
    So, when I look for an answer to any problems with funding the programs that we all have defined and supported, I look for all of us to get our heads around supporting the solution.
     
    "Anyone who sits up here and acknowledges the need for additional funds but represents otherwise in the community is not being transparent, not being honest and is therefore part of the problem, not the solution. "It is easy to run around town like Chicken Little crying, "the sky is falling!" as many will buy into that as a reality without looking any deeper than the statement. But, at the end of the day, all Chicken Little did was run around screaming mis-guided speculation that had no basis in fact - many of us might remember that things did not turn out so well for Chicken Little.
     
    "Folks, we have an obligation to all of you and all of our neighbors; an obligation that charges us to assure the health of our community. The health of our community relies on our ability to provide essential services and that is what we see at risk here. We can either live up to our obligation to you by doing our job; define the programs that will serve you best with the resources we have, plan well, budget prudently and respond to not only what we hear from you - and we do listen - but what we see happening out there that can affect us all. Yes, we must be willing to change things up - and we have, we must be willing to make cuts - and we have, we must be willing to ask our employees to make sacrifices - we have (and they have which is quite uncommon for public employees).
     
    "I expect that you should hold us to the highest standard and challenge us to not only tell you what the problem is but specifically, what we believe needs to be done to address it. Without those specifics we all may as well be listening to Chicken Little."
     
    Mr. Gambatese read the following comment into record:
     
    "It appears that tonight, I will be the only member of council willing to stand up for the residents of Lyndhurst, and say "NO" to this ill-conceived plan to pick their pockets, particularly during these difficult economic times. The circumstances that have led to this situation, such as the end of the estate tax revenue, and the eventual sale of Acacia, have been foreshadowed for years. My continued admonitions that we needed to plan ahead were ignored. Now, we are told that this tax increase is necessary due to a fiscal crisis that with proper foresight or planning should never have happened. And yes, Mr. Mayor, rescinding the tax credit, by any reasonable interpretation, is a tax increase.
     
    "Apparently my colleagues will ignore the 127 citizens who signed a petition opposing this action, and many others who have voiced their concerns.
     
    "I am opposed to this action for several reasons. First, we should not ask our hard working residents, who need to live on their own budgets, to fork over more money to the city, unless we can absolutely assure them that we are spending every dime prudently and wisely. At this point, we are unable to do so.
     
    "We have several successful businessmen in our city, who manage their own businesses well, even when revenues are strained. We should recruit their assistance to thoroughly review the city's budget, and suggest areas for savings. (Distribute the WSJ article Harry provided.)
     
    "Secondly, we should let the residents freely decide what level of taxation they are required to pay. Rather than asking them to decide on a half percent rate increase, under the coercion of repealing the credit if it fails, we should allow the voters to decide whether they want either one or neither one. We should openly and honestly disclose to them what services would be provided, or reduced, as a result of each of these funding scenarios. The voters can then decide what level of services they want, and are willing to pay for.
     
    "I trust our citizens. They are intelligent, thoughtful, and concerned about our community. If they are dealt with fairly and honestly, they will make the appropriate decisions about the financial future of this city. That is what democracy is all about, and what our founding fathers fought a Revolution for. My hope is that my colleagues will see fit to trust our residents as well.
     
    "Also, Mr. Murphy I would like a ruling on a letter my fellow councilmen and I received from the Mayor that was stamped personal and confidential. I was bothered by the Mayor's efforts to lobbying council on pending legislation on a "personal and confidential" basis. Clearly a violation of the Sunshine Law. I look forward to hearing from you by the end of the week on this concern."
     
    Mr. Murphy told Mr. Gambatese to submit his request in writing.
     
    THIRD READING
    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
     
    Mr. Ward read the following explanation into the record:
     
    "Ordinance 2012-78 as you may recall is removing an un-used part of the code that would provide a .25% credit to residents of contiguous communities who work in Lyndhurst provided their community allows the same consideration for a Lyndhurst resident working in that community. This is a section that would be impossible for RITA to administer and it cannot even be determined if it were ever applied. It certainly behooves us to remove it which is why the Committee has recommended its passage."
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-78 be placed on third reading for final passage.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-78 is passed.
     
    THIRD 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.
     
    Mr. Ward read the following explanation into the record:
     
    "Ordinance 2012-79 as we have progressed through our debate on this subject I have asked all of the members of the Finance Committee - and specifically those who have questions about this Ordinance, the rate provided for or the language to present those questions or concerns so that we can move forward. The illustrations that were presented showing what cuts could be made to fill the gap we are facing were characterized as sobering.
     
    "As we look to the budget process, if I cannot provide Finance with a funding plan then I must ask they proceed as if no new revenues will be produced and we will have to begin anticipating major adjustments - the adjustments no one was willing to consider - beginning with this budget.
     
    "Now, we still have a small amount of time to re-visit the rates or the language if, as I have asked before, anyone has alternatives that might be suggested to be explored.
     
    I know that there are the votes to pass this legislation; however, as I mentioned earlier, I believe the community would benefit greatly if we are able to present a solid solution that we can all get behind. So, I would ask, Mr. Chairman, if someone has a specific reason to motion to table until the next meeting and can spell out what needs to be addressed, I will schedule an additional meeting for that purpose."
     
    Mr. Frey suggested that this Ordinance be tabled this evening, based on the feedback from the community.
    Mr. Marko asked Mr. Gambatese where he would like to see cuts made.
    Mr. Ward stated that he would like to ask one more time that if any member of the Finance Committee has a specific item for consideration please submit it to him as soon as possible.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that Ordinance No. 2012-79 be placed on table.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None
     
    Motion carried.
    Ordinance No. 2012-79 is placed on table.
     
    ORDINANCE NO. 2012-91
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD BEGINNING JANUARY 1, 2013 AND ENDING MARCH 31, 2013 AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-91 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. 2012-91 was highlighted by Mrs. Franco, with Section 10 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Ordinance No. 2012-91be passed.
     
    Mr. Ward clarified that this is the annual beginning budget for 2013.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-91 is passed.
     
    ORDINANCE NO. 2012-92
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING ORDINANCE NO. 2012-81 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR BARGAINING EMPLOYEES IN WHICH VARIOUS OFFICES AND DEPARTMENTS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2012-81 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Marko, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-92 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. 2012-92 was highlighted by Mrs. Franco, with Section 16 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Marko, that Ordinance No. 2012-92 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-92 is passed.
     
    ORDINANCE NO. 2012-93
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING ORDINANCE NO. 2012-45 WHICH ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY RATES OF PAY FOR NON-BARGAINING EMPLOYEES IN THE VARIOUS OFFICES AND DEPARTMENTS, INCLUDING MEMBERS OF BOARDS AND COMMISSIONS, AND WHICH CONFIRMED LONGEVITY COMPENSATION, VACATION, HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2012-45 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-93 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. 2012-93 was highlighted by Mrs. Franco, with Section 14 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Marko, that Ordinance No. 2012-93 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-93 is passed.
     
    ORDINANCE NO. 2012-94
    INTRODUCED BY: ADMIN
     
    TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST FOR THE PERIOD ENDING DECEMBER 31, 2012, REPEALING ORDINANCE NO. 2012-67 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. 2012-94 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. 2012-94 was highlighted by Mrs. Franco, with Section 11 being read in its entirety.
     
    It was moved by Mr. Packard, seconded by Mr. Ward, that Ordinance No. 2012-94 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-94 is passed.
     
    ORDINANCE NO. 2012-95
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE AMENDING CHAPTER 452 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "PARKING GENERALLY" BY AMENDING SECTION 452.17 REGARDING PARKING FINES.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that rules set forth under Section 123.01 of the Codified Ordinances be suspended for full reading, that Ordinance No. 2012-95 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. 2012-95 was highlighted by Mrs. Franco, with Section 3 being read in its entirety.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2012-95 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-95 is passed.
     
    ORDINANCE NO. 2012-96
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE CREATING THE POSITION OF CITY ENGINEER FOR THE PERIOD BEGINNING JANUARY 1, 2013 AND ENDING DECEMBER 31, 2014; FIXING THE DUTIES AND COMPENSATION FOR SAID POSITION; PROVIDING FOR THE MAYOR TO CONTRACT FOR OTHER MUNICIPAL ENGINEERING SERVICES FOR THE CITY; AND DECLARING AN EMERGENCY.
     
    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 Ordinance No. 2012-96 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. 2012-96 was highlighted by Mrs. Franco, with Section 11 being read in its entirety.
     
    It was moved by Mr. Schlessel, seconded by Mr. Packard, that Ordinance No. 2012-96 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-96 is passed.
     
    ORDINANCE NO. 2012-97
    INTRODUCED BY: ADMIN
     
    AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE GRANTING OF ANY PERMITS ALLOWING THE OPERATION OF INTERNET CAFES IN THE CITY, OR PERMITS ALLOWING BUSINESSES TO DEVOTE FLOOR SPACE TO INTERNET BASED SWEEPSTAKES GAMES IN THE CITY, AND DECLARING AN EMERGENCY.
     
    It was moved by Mr. 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. 2012-97 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. 2012-97 was highlighted by Mrs. Franco, with Section 3 being read in its entirety.
     
    It was moved by Mr. Packard, seconded by Mr. LoPresti, that Ordinance No. 2012-97 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Ordinance No. 2012-97 is passed.
     
    Correspondence from the Ohio Division of Liquor Control for a D5I liquor permit to ARS Food Services, LLC DBA Red Square Restaurant and party center was noted with no hearing being requested.
     
    Mr. Frey announced that this is the last regularly scheduled meeting for the month of December.
     
    It was moved by Mr. Ward, seconded by Mr. Gambatese, that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Meeting adjourned at 9:08 P.M.


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