City of Lyndhurst, Ohio City Council
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January 7, 2013: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Monday, January 7, 2013, 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:
 
Elections:
 
Vice Mayor for the year 2013.
 
Council's representative to the Planning Commission for 2013 (automatically becomes Representative to City Architectural Board of Review).
 
Minutes:
 
Approve Minutes of the Regular Meeting of Council held Monday, December 3, 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. 2013-1
INTRODUCED BY: ADMIN
 
A RESOLUTION AUTHORIZING THE MAYOR TO IMPLEMENT HEALTH CARE COVERAGE FOR THE EMPLOYEES OF THE CITY AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2013-2
INTRODUCED BY: ADMIN
 
A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO TOM MILANICH FOR LONG AND FAITHFUL SERVICE RENDERED FOR AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO
 
RESOLUTION NO. 2013-3
INTRODUCED BY: ADMIN
 
A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO FRANK KOSS FOR LONG AND FAITHFUL SERVICE RENDERED FOR AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO.
 
Confirm decision of the Board of Zoning Appeals:
 
Case No. 2012-06
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2012-06 to grant requested variance to Tom McFiggin for and with the residents of Lyndhurst Park Estates, for a variance from Chapter 1329.02 of the Planning and Zoning Code to erect an eight foot high stockade rear boundary fence. The fence would include parties at 4947, 4935, 4955, 4963, 4965, 4967, and 4971 Countryside Road, which abuts the YMCA property. This would exceed the six foot in height above natural grade that is allowed.
 
Case No. 2012-07
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2012-7 to grant requested variance to Old Carolina BBQ, located at 5100 Mayfield Road for a variance from Chapter 1170.09(a)(1) of the Planning and Zoning Code for two additional monument signs. This would exceed the one monument sign permitted for commercial identification in the Community Business District. The Crossroads currently has two monument signs which are shared by all businesses within the shopping plaza.
 
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. 2012-79
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.
 
January 7, 2013: City Council
MINUTES:

 
The Council of the City of Lyndhurst held its Organizational Meeting on Monday, January 7, 2013 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.
 
The floor was opened to nominations for the position of Vice Mayor for the year 2013.
 
It was moved by Mr. Schlessel, seconded by Mr. Packard, that Patrick A. Ward be nominated as Vice Mayor for the 2013 calendar year.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried. Mr. Ward is elected Vice Mayor for the year 2013.
 
It was moved by Mr. Ward, seconded by Mr. Packard, that Lane A. Schlessel be nominated as Council's Representative to the Planning Commission and to the Architectural Board of Review for the 2013 calendar year.
 
Roll Call:
 
Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
Nays: None.
 
Motion carried.
Mr. Schlessel is elected as Council's Representative to the Planning Commission and Architectural Board of Review.
 
It was moved by Mr. Marko, seconded by Mr. Packard, that the reading of the minutes of the Regular Meeting of Council held Monday, December 3, 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 Monday, December 17, 2012 at 6:00 p.m. Present were Council members Frey, LoPresti, Marko, Packard, Schlessel and Ward. Also present were, Mayor Cicero, Finance Director Kovalchik and Chief Carroll. 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 meeting with a description of Committee members' activities since the last Council meeting. As had been stated at that Council meeting of December 3rd Chairman Ward had once again reached out to all members of the Committee, individually, as to their questions or suggestions on potential program cuts to meet all or part of the $1.6 million budget hole the City is facing largely due to state funding cuts and elimination of estate tax. Committee members, who had peppered the Finance Director, Department Heads and the Chairman with questions, volunteered to pair up in order to provide a more focused review of Departmental operations in order to identify the impact of suggested cuts, look at operations to find other services that might be cut and so on.
 
"Mr. Ward complimented those Committee members who had shouldered this important undertaking as well as the Departments that had provided them needed information. The task was to look at things from Council's understanding of the services provided, who would be impacted by any changes to those services and then what cuts to those specific services Council would see acceptable. The review of the services and the clear understanding of the services is the only foundation for any discussion of funding as Council provides the ultimate decision on the both the services to its residents and the funding necessary to provide those services.
 
"Mr. LoPresti had paired with Mr. Schlessel to review Police operations and with Mr. Marko to review Fire. Mr. LoPresti offered that both departments have been operating at minimum staffing levels for some time. Fire has changed uniforms, delayed re-hires, operated willingly below the minimum staffing levels provided by contract, managed overtime, deferred large capital purchases (one year actually at ZERO), reduced education costs by doing more in-house and on-shift, applied for many grants and have looked for a "regional approach" to services. The Police Department has managed with injuries and illness, are down 3 full-time positions, reduced 1 rank (with 1 less lieutenant position to allow for 1additional sergeant position in changes recommended by Council some time ago), have been operating with only 3 members in the Detective Bureau, 1 less school resource officer fewer clerks and so on. Mr. Marko and Mr. Schlesssel added their perspectives to the discussion highlighting some of the impacts that might be suffered with further cuts; delays in critical emergency services, potential loss in revenue from billable services, increased potential for employee risk and injury and the potential inability to respond to residents' needs. The necessary level of response, even to traffic stops, was also discussed as very often it is necessary to have multiple units responding to a stop or to a call.
 
"Mr. Frey and Mr. Packard had reviewed operations in the Service, Building and Finance Departments and noted the reductions in personnel in each. The Building Department operates with 2 inspectors, 1 clerk and the Commissioner to handle all permits, inspections, rental property registrations and renewals, the sidewalk program, grass and nuisance notifications, grant administration as well as the support of the City Planning, Board of Zoning and Architectural Boards among other things. No part-time help has been used for some time. The Finance Department has reduced staff greatly (beginning many years ago) and has all positions multi-tasking to optimize efficiencies. The Service Department has revamped numerous tasks, trimmed personnel and continues to look for operational and cooperative economies. Mr. Packard had spent a great deal of time with Mr. Glady and agreed that things seemed to be running very efficiently.
 
"Mayor Cicero commended the Committee members on their review. He stated that whatever Council decides, the Administration and departments will work with. He identified options that would enable the Administration to absorb the reductions in revenue but indicated those cuts (3 FF/3 PD/ All part-time) would reach deeply into essential services and would put the City into a "reactive" mode from the "responsive" mode our residents are accustomed to. Along with reductions in essential Police and Fire personnel an assessment for garbage service, at about $125 per year, would be required, but it is possible to do. While raising taxes is not what he wants to, do dollars have been stretched almost as far as they can be and replacing the lost revenue is the only way to fund the Lyndhurst we know.
 
With no further business to discuss the meeting adjourned at 6:45 pm."
Mr. Ward further stated Mr. Gambatese distributed an article from the Wall Street Journal, called How to Cut Spending at the Grass Roots. Mr. Ward asked Mr. Gambatese what the article specifically listed that the City should be doing.
Mr. Gambatese said he had not recently read the article. Mr. Gambatese stated he would like to see a budget showing a three (3), five (5) and ten (10) percent reduction. Mr. Gambatese stated he would like a third party to also review the budget.
Mr. Ward informed Mr. Gambatese the City currently practices every item listed in the article.
 
PUBLIC LANDS AND BUILDINGS COMMITTEE - Chairman Marko had no report.
 
ROADS AND UTILITIES COMMITTEE - Chairman Gambatese reported that on January 3rd he met with Rick Glady and Jeff Filarski to comprise a preliminary list of projects for 2013.
 
SAFETY COMMITTEE - Chairman LoPresti had no report; however, he stated that Annette Lawless from Fox 8 News interviewed the Chief of Police regarding the Tethering Ordinance.
 
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 - No representative was present.
 
The meeting was opened to public comment.
 
Eunice Horton, 1121 Brainard Road, read the following comment into the record:
 
"Good evening, Gentlemen. My husband and I have been residents for 45 years and started to attend council meetings in 1979.
 
Although we haven't been able to attend meetings as frequently as we would like, it doesn't mean that we aren't paying close attention to what is going on in the City. We do receive agendas and look over minutes.
 
Lyndhurst has always had a fine image of homes and services. In fact, I would say that our services are better today than when we first moved here in 1967. I know that there are many challenges to our quality of life here- changes in society, foreclosures and other economic pressures. This is not the first time but our City has always found a way to maintain the fine standards we and our neighbors expect.
 
"I understand that you have been discussing our income tax for some months, and a lot of time has been dedicated to this process which is important. A lot of thought has been dedicated as well which is doubly important.
 
Once upon a time I sat up there where you do, this after sitting out here and observing for 15 years. I am well aware of the budgeting process and the extreme detail applied to that review.
 
"I am also very aware that you ALL, EVERY ONE OF YOU, have been voting "yes" on the budgets and "yes" on all of the spending plans that have come from those budgets. Those votes have supported the excellent services and the quality of life for us, the people you are sworn to serve.
 
I am NOT one of the 127 signatures you have been going on about, Mr. Gambatese! I am one of the 13,874 other residents whose quality of life will suffer should you continue to sit on your hands and do nothing.
 
"You were quoted in the paper as questioning whether or not the City "can assure the residents we are spending every dime prudently and wisely".
 
Why can't you, Mr. Gambatese?
You voted "yes" to pass the budget, so why can't you?
You get the monthly statements, so why can't you?
 
"I am one of your Ward 2 residents. You were elected and you get paid so I should have the peace of mind to know that you are on top of these things, so please tell me, why do you not know?
 
"It seems to me, from what I have read, that no one has offered any options that save enough money to make all of you have a responsibility to all of us out here-a responsibility to not just talk about the problems but to hammer out solutions, a responsibility to do what you say you are going to do and to do it in such a way it looks out for our best interests.
 
I think, Council, you have come to the point where you should make the decision that not only keeps our community strong but does so in such a way that impacts residents as minimally as possible.
 
"It appears that asking voters to raise the income tax rate would be the best option. It would raise the money needed. It would spread the burden to non-residents, who work here and it would cost the Lyndhurst income tax payers less than the other option."
 
Elizabeth DeGiovanni, 5169 Thornbury, asked the percentage the City pays for health care coverage for employees.
The Mayor stated 100%.
Mr. Ward explained the City pays the premium, but employees pay the co-pays and deductibles.
Ms. DeGiovanni requested that a reverse 911 be issued for future Finance Committee Meetings. Ms. DeGiovanni stated she would like to go on record that she is in favor of the 1˝ percent increase.
 
Chuck Liebenauer, 5113 E. Farnhurst, thanked the service, police and fire departments. Mr. Liebenauer stated that he does not want to see any services cut. Mr. Liebenauer asked that if revenues increase up and beyond the needed amount can the City increase the tax credit.
 
Mr. Schlessel read the following comment into the record:
"Mr. Gambatese - For nearly 5 months now I have sat through every finance and committee meeting and listened to (accept for the last meeting) use words about OUR city and its finance committee and administration like:
 
  • Think outside the box
  • Due diligence
  • Fiscal watchdog
  • MY residents instead of OUR community

  •  
    "As I now enter my 8th year on council and having sat through the finance meetings the past 7 years and the months of process this past year leading up to tonight I am tired of hearing you TALK as you're the only one that cares about the tax payers in OUR community…..so to set the record straight….as far as I'm concerned every member of council, the Mayor and the each one of our department heads, all of our employees CARE and have done an incredible job safe guarding our city and keeping it functioning at level that everyone is proud of.
     
    "During this time I have listened to you use words about our finances yet have never heard you bring one new idea to save our city significant money. Actually, you have voted YES on every line item in our budget for the past 7 years and even voted yes last month to keep our budget the same …..do you really understand our budget, the process and what it entails?
     
    "I have personally had enough of you standing on your soap box and trying to make others believe and even follow you as if you're the lone person trying to save the city…it's wrong, miss-leading and definitely not true. It's easy to use words that you think people want to hear like "Don't Raise Taxes" but its empty when it's not followed up with a true plan, thought or idea.
     
    "Mr. Gambatese, we are faced with tough decisions which is why we have been elected. In my countless conversations with residents I have heard over and over…Lane I trust you to make the right decision that is why I elected you and for that I thank them.
     
    "No one wants to pay more yet we are willing to pay more for great service at a restaurant above and beyond the standard 15%. Well, I believe our residents are getting above standard service and I know they recognize it and don't want them cut which in case you didn't realize it is the only way we can continue to function without this slight increase.
     
    "That's right Mr. Gambatese our programs will need to be sacrificed if we don't take a stand. Our administration has done a great job over the past several years of saving as much as they can with our direction and approval and now we are faced with making the tough decisions. Take a stand, share an idea and not empty words to rile people….show you actually know what you're talking about. Many of us have dissected this budget over the past several months even more than the past several years and made saving suggestions and shared ideas….but we have heard nothing substantial from you ……I think we have waited long enough to hear from you! Mr. Chairman I will sit here as long as it takes if he has some ideas tonight, but I am certainly tired of all these words, due diligence, outside the box thinking, stop using them it is time that you say something worthwhile."
     
    Mr. Gambatese said he is following the Charter that states the power of Council. Mr. Gambatese stated Section 5 of the Charter, the executive power of the Mayor, states the Mayor shall be responsible for the preparation and submission of the annual estimates, receipts, expenditures, appropriation measures and keep Council fully advised of the financial condition and needs of the City. Mr. Gambatese stated he received a letter from a group of business people within the City that would like to review the budget. Mr. Gambatese asked for a more balanced approach.
     
    Mr. Ward read the following comment into the record:
     
    "On December 3rd Dr. Schlonsky expressed his wish that our discussions on the tax issue be conducted in an atmosphere of civility. I do appreciate that and I do want to note that we have not had to have that type of caution presented in these chambers for a good many years. Unfortunately, 3 minutes later comments were made which were less than civil which, if not addressed, would be lent undue credence. So, I will apologize, in advance, should what follows be deemed less than a courteous but necessary response.
     
    At the last Council meeting I was rendered somewhat speechless at the irresponsible claims and ludicrous statements offered in the prepared statement read by Mr. Gambatese.
     
    "Mr. Gambatese referred to us as "pickpockets". Mr. Gambatese claimed that he has offered "continued admonitions" to this Council that "have been ignored". Mr. Gambatese stated we might not be able to "absolutely assure" our residents we are spending every dime "prudently and wisely". Mr. Gambatese alluded that we have failed to apply "proper foresight or planning".
     
    Mr. Gambatese I am not, nor are any of the other people around this dais who are seriously committed to their service to Lyndhurst "pickpockets", shame on you.
     
    Mr. Gambatese the only time I have found you referencing the sunset of Estate Tax was on June 6, 2011 when you were taking a cheap shot at the Mayor, it was by no means an admonition. As a matter of fact, unless "Admonition" is the vowel between the "Y" and the "S" in YES you really have had little to say. Shame on you.
     
    "Mr. Gambatese, the day, the moment, the very second you have anything whatsoever to offer in the way of sound advice to assist this City in its efforts to manage its programs more efficiently and serve our residents more effectively I will jump up and say ALLELUIA. For the past seven years I have tried to engage you in the process of budgeting and, with the exception of one moment when we had a collective discussion on possible staffing changes, you really have brought nothing to the table. Shame on you.
     
    Mr. Gambatese, for you to state we do not apply foresight or planning well you must not be reading any of the reams of documents our Finance Director produces, any of the legislation that we vote on or really tune into our lengthy conversations. We do plan and our foresight is a damned sight better than your hindsight. Shame on you.
     
    "You have brought nothing but criticism and finger pointing in a lame attempt to make the Mayor and Administration look bad but what you forget is that we are one organization, ONE ORGANIZATION that should be committed to doing the most we can, the best we can for the people we serve. That sometimes requires us to suck it up and make tough decisions without thinking about ourselves and without trying to make a political splash.
     
    "Following the last meeting you asked the Director of Law for his opinion on a piece of correspondence sent us by the Mayor and you threw in reference to an e-mailed request for input that I had sent you and all members of my Committee. After the Director of Law responded, you wrote to me claiming his opinion was "unsupported", so shame on you again for masking your inability to offer this entire process anything whatsoever with an "unsupported dig" at the Director of Law who has provided this Council and previous, along with other public entities, sound and consistent counsel.
     
    You have thrown all sorts of reference to the Ohio Revised Code as though we ignore it. Maybe you should just focus on one section of an older code - Rule number nine; I believe is written in stone somewhere, "THOU SHALL NOT BEAR FALSE WITNESS. Why don't you try to stick to that one."
     
    RESOLUTION NO. 2013-1
    INTRODUCED BY: ADMIN
     
    A RESOLUTION AUTHORIZING THE MAYOR TO IMPLEMENT HEALTH CARE COVERAGE FOR THE EMPLOYEES OF THE CITY 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. 2013-1 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. 2013-1 was highlighted by Mrs. Franco, with Section 4 being read in its entirety.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that Resolution No. 2013-1 be adopted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Resolution No. 2013-1 is adopted.
     
    RESOLUTION NO. 2013-2
    INTRODUCED BY: ADMIN
     
    A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO TOM MILANICH FOR LONG AND FAITHFUL SERVICE RENDERED FOR AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO.
     
    It was moved by Mr. Marko, seconded by Mr. Packard, that rules set forth under Section 123.01 of the Codified Ordinances be suspended, that Resolution No. 2013-2 be placed on second and third reading for final adoption and that it be read in its entirety.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Resolution No. 2013-2 was read in its entirety by Mrs. Franco.
     
    It was moved by Mr. Ward, seconded by Mr. LoPresti, that Resolution No. 2013-2 be adopted.
     
    Mr. Frey stated he attended several Board of Zoning Appeals and Architectural Board of Review meetings with Mr. Milanich and his input to the Architectural renderings in the City will be severely missed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Resolution No. 2013-2 is adopted.
     
    RESOLUTION NO. 2013-3
    INTRODUCED BY: ADMIN
     
    A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO FRANK KOSS FOR LONG AND FAITHFUL SERVICE RENDERED FOR AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO.
     
    It was moved by Mr. Ward, seconded by Mr. Schlessel, that rules set forth under Section 123.01 of the Codified Ordinances be suspended, that Resolution No. 2013-3 be placed on second and third reading for final adoption and that it be read in its entirety.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Rules Suspended.
     
    Resolution No. 2013-3 was read in its entirety by Mrs. Franco.
     
    It was moved by Mr. Schlessel, seconded by Mr. Ward, that Resolution No. 2013-3 be adopted.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
    Resolution No. 2013-3 is adopted.
     
    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 removed from table.
     
    Roll Call:
     
    Yeas: Marko, Packard, Schlessel, Ward, LoPresti, Frey.
    Nays: Gambatese.
     
    Motion carried.
    Rules Suspended.
     
    It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2012-79 be passed.
     
    Roll Call:
     
    Yeas: Marko, Packard, Schlessel, Ward, LoPresti.
    Nays: Gambatese, Frey.
     
    Motion carried.
    Ordinance No. 2012-79 is passed.
     
    Board of Zoning Appeals Recommendations:
     
    Recommendation made to Council to confirm the decision of the Board in Case No. 2012-06 to grant requested variance to Tom McFiggin for and with the residents of Lyndhurst Park Estates, for a variance from Chapter 1329.02 of the Planning and Zoning Code to erect an eight foot high stockade rear boundary fence. The fence would include parties at 4947, 4935, 4955, 4963, 4965, 4967, and 4971 Countryside Road, which abuts the YMCA property. This would exceed the six foot in height above natural grade that is allowed.
     
    The findings in Case No. 2012-06 as recorded in the minutes of the meeting of the Board of Zoning Appeals held December 17, 2012 were read by Mrs. Franco.
     
    It was moved by Mr. Ward, seconded by Mr. Packard, that Council confirm the decision of the Board of Zoning Appeals in Case No. 2012-06.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
     
    Recommendation made to Council to confirm the decision of the Board in Case No. 2012-7 to grant requested variance to Old Carolina BBQ, located at 5100 Mayfield Road for a variance from Chapter 1170.09(a)(1) of the Planning and Zoning Code for two additional monument signs. This would exceed the one monument sign permitted for commercial identification in the Community Business District. The Crossroads currently has two monument signs which are shared by all businesses within the shopping plaza.
     
    The findings in Case No. 2012-07 as recorded in the minutes of the meeting of the Board of Zoning Appeals held December 17, 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. 2012-07.
     
    Roll Call:
     
    Yeas: Marko, Packard, Gambatese, Schlessel, Ward, LoPresti, Frey.
    Nays: None.
     
    Motion carried.
     
    It was moved by Mr. Marko, seconded by Mr. Ward, 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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