CITY OF TWINSBURG, OHIO

 

REGULAR COUNCIL MEETING MINUTES

 

TUESDAY, JANUARY 25, 2005

 

 

Mr. Steve Murphy President of Council called this meeting to order at 8:06 PM.

 

INVOCATION & PLEDGE OF ALLEGIANCE:

 

Mrs. Studer bestowed the Invocation.  Council led in the Pledge of Allegiance.

 

ROLL CALL:

Present:                        W. Hon, B. McDermott, S. Murphy, A. Romito, S. Scaffide, J. Studer & B. Furey

 

Also Present:                Mayor Katherine Procop

Charles K. Webster, Law Director

Cynthia A. Kaderle, Clerk of Council

 

PRESENTATION OF HOLIDAY LIGHTING AWARDS:

 

Sally Shaffer of the Beautification Committee presented the awards to the winning families of the Holiday Lighting Displays.  The winning families are:

 

The Best Family

The Maikut Family

The Marotta Family

The Olaughlin Family

The Caplice Family

The Demagall Family

 

Katherine Tyler of the Beautification Commission presented the special award to the Bailey Family.

 

Mayor Procop congratulated all of the residents for making the City of Twinsburg so festive during the Holiday season.  She also thanked the Beautification Commission for all of their hard work.

 

Mr. Murphy also thanked all of the residents for coming tonight to receive their award.  He stated it is fun to drive around the City and look at all of the decorations.

 

APPROVAL OF MINUTES:

 

Mr. Hon stated on page 7 he wanted the minutes to be clear where he states he would like to see words added to the Economic Development Director’s job description. He wants to make it clear that his intentions have always been that since Mr. Finch will be interfacing with the business community and commercial community that it is important that it be written into his job description.

 

The minutes of the January 11, 2004 meeting stand approved as amended.

 

DEPARTMENT HEAD REPORTS/COMMUNICATION (MAYOR’S REPORT):

 

Finance Department:

§         City Income Tax receipts as of January 20, 2005 totaled $703,799.00 compared to January 20, 2004 in the amount of $551,608.00.  This reflects an increase of 28% for the beginning of the year.

Fire Department:

 

 

Mayor Procop congratulated the Service Department for all of their hard work during all of the storms especially the last major snow storm. They worked around the clock and they expanded their routes from 8 to 10 to keep up with the snow.  We appreciate their work.

 

Fire Department:

 

Police Department:

 

Parks and Recreation Department:

 

COMMITTEE AND/OR COMMISSION REPORTS:

 

S. Scaffide – Architectural Review Board & Recycle Committee

 

 

A.     Romito – Beautification and Safety

 

 

J. Studer - Building & Zoning Appeals and Environmental Commission

 

§         Reported the Environmental Commission held a meeting January 13, 2005 and it was very productive.  They are looking for direction possibly from Council, as to what they should be doing with regards to historic preservation. They have some idea as to what to do but if anyone on Council has a direction they would like them to go, they would like Council’s feed back.  They are looking at changing the 50-year mark for historical homes that is currently in place.

§         Discussed the recommendation of combining the Recycle and Environmental Committees.  It was the consensus that they remain separate committees.

§         Reviewed 14 ordinances dealing with environmental issues and presented their recommendations to Amy Mohr, City Engineer.

§         Stated the Commission would like an e-mail address on the City’s website so residents can contact them with environmental issues.  They can then meet and get answers to the residents.

§         Announced they will be touring the Coca Cola plant in March.

§         Recommended having a meet the commission’s night where residents can meet and ask questions of the different commissions.

§         The next meeting will be February 10, 2005.

§         No report from BZA as no meeting was held.

 

B.     McDermott – Finance Committee

 

§         Reported there has been no Finance Committee meeting since the last Council.   They will schedule a meeting when they have the finalized 2005 budget and salary ordinance.

 

B.     Furey – Gleneagles Advisory Board and Capital Improvements

 

 

§         Capital Improvement Board met January 13, 2005 with 5 residents on the Board, one from each ward.  They discussed the 2005 Capital Improvement budget as each Department Head presented their requests in order of importance.  Their next meeting will be February 10, 2005 where they will discuss the finalized list.

§         The Golf Course Advisory Board met January 12, 2005 and discussed several options to help improve the course and the City’s market share of the practice facility.  The revenue for 2004 was equal to that of 2003.  They are also planning to add a sand trap to the 15th hole to move the trajectory of some golf balls from the residents on Alling Dr.

§         They discussed the possibility of bidding out the food service to a local restaurant.

§         The next meeting will be March 23, 2005 at 7:00 PM.

 

W. Hon – Parks and Recreation Commission

 

§         Reported the Parks and Recreation Commission met on January 19, 2005. Mr. Seikel discussed his suggestions for the budget.  They also discussed the possibility of adding an employee to Mr. Seikel’s staff as he lost 2 employees.  The Commission recommended 6 – 0 to hiring someone.  Mr. Hon would like the request to be discussed in a committee, possibly finance.

§         Stated Meredith Shreve was recognized as the 2005 person of the year.

§         Announced per Meredith Shreve, that there will not be a Youth Theatre production in 2005.

§         Stated the National League of Cities spoke about teens being involved in the Parks and Recreation department.  There are two students on the Commission and Mr. Hon will share some of the suggestions from that convention with them.

§         The next meeting will be February 16, 2005.

 

S. Murphy – Planning Commission:

 

§         Planning Commission met January 24, 2005.  They recommended for approval the following:

1.       Conditional use for a gas station, Sheetz, located at Route 82 & Twin Hills Pkwy.

2.       A fast food restaurant at the same location.

3.       The preliminary site plan for the gas station.

4.       The lot split of the Higgins property on Connotton.

§         Obliged a developer that had a question about a comment made stemming from his plans for the Abrams Farm Phase 4 and put him on the agenda to talk about where a line is that specifies R-3 building codes from R-2.

 

AUDIENCE PARTICIPATION

 

Randy Simplican, 2443 Sandalwood Dr.:

 

§         Stated was before Council to speak on the new fire station.  Stated the most riveting thing said about the fire station from one of the Council members was “I think we (the City) needs to build a $800,000.00 fire station because that is what the City can afford”. 

§         Stated he remembers the square footage cost of $140.00 if accurate, lets get it done.  The faster the City starts the faster the City can save lives. One bay is all right because it is better than having no fire station there at all.

§         Asked how long is the interconnect road?

 

Mayor Procop stated it is not quite 1 mile.

 

MOTION:  TO RECESS INTO EXECUTIVE SESSION.

 

Moved by S. Murphy, seconded to A. Romito.  Upon roll call the motion passed unanimously.

 

Council reconvened at 9:20 PM and Mr. Murphy reported union negotiations and litigation were discussed.

 

LEGISLATION:

 

ORDINANCE 163-2004 – REZONING – COURTAD PROPERTY (Stands on second reading)

 

 Read by S. Murphy.

 

MOTION: TO ADOPT ORDINANCE 163-2004 AS READ.

 

Read by S. Murphy, seconded by A. Romito.  Upon roll call the motion failed unanimously.

 

ORDINANCE 164-2004 – REZONING – CONWAY PROPERTY (Stands on second reading)

 

Read by S. Murphy.

 

MOTION:  TO ADOPT ORDINANCE 164-2004 AS READ.

 

Moved by S. Murphy, seconded by B. Furey.  Upon roll call the motion passed unanimously.

 

ORDINANCE 165-2004 – REZONING – SORACE PROPERTY (Stands on second reading)

 

Read by S. Murphy.

 

MOTION: TO ADOPT ORDINANCE 165-2004 AS READ.

 

Moved by S. Murphy, seconded by J. Studer.  Upon roll call the motion passed unanimously.

ORDINANCE 166-2004 – AMENDING SECTION 339.02 (c) OF THE CODIFIED ORDINANCES (Stands on second reading)

Read by S. Murphy.

MOTION: TO ADOPT ORDINANCE 166-2004 AS READ.

Moved by S. Murphy, seconded by B. McDermott.  Upon roll call the motion passed unanimously.

Mayor Procop stated she appreciates Council voting for this ordinance.  Stated she wants to make sure that that residential area is protected from truck traffic in case the transfer station goes in.

ORDINANCE 04-2005 – CONTRACT FOR ARCHITECTURAL SERVICES AND DECLARING AN EMERGENCY (Stands on first reading)

Read by S. Murphy for second reading.

MOTION:  TO SUSPEND THE RULES AND PLACE ORDINANCE 04-2005 ON THIRD AND FINAL READING AND DECLARING AN EMERGENCY

Moved by A. Romito, seconded by S. Scaffide.  Upon roll call with a vote of 4 – 3 with Mr. Murphy, Mr. Furey and Mr. Mc Dermott dissenting the motion failed.

Mr. Murphy stated Ordinance 04-2005 stands on second reading.

RESOLUTION 05-2005 – SUMMIT COUNTY BOARD OF ELECTIONS AND DECLARING AN EMERGENCY

Read by S. Murphy.

MOTION: TO ADOPT RESOLUTION 05-2005 AS READ

Moved by S. Murphy, seconded by J. Studer.  Upon roll call the motion failed unanimously.

RESOLUTION 06-2005 – SUMMIT COUNTY BOARD OF ELECTIONS AND DECLARING AN EMERGENCY

 Read by S. Murphy.

 

MOTION: TO ADOPT RESOLUTION 06-2005 AS READ

 

Moved by S. Murphy, seconded by J. Studer.  Upon roll call the motion passed unanimously.

 

RESOLUTION 07-2005 – SUMMIT COUNTY BOARD OF ELECTIONS AND DECLARING AN EMERGENCY

 

Read by S. Murphy.

 

MOTION: TO ADOPT RESOLUTION 07-2005 AS READ

 

Moved by S. Murphy, seconded by B. McDermott. 

 

Mr. Hon inquired about the cost of putting issues on the ballot?

 

Mayor Procop responded the City pays for it.  The County back bills the City from its revenues.

 

Upon roll call the motion passed unanimously.

 

ORDINANCE 09-2005 – ABOLISHING THE PLANNING COMMITTEE OF COUNCIL AND DECLARING AN EMERGENCY

 

Read by S. Murphy for first reading.

 

ORDINANCE 10-2005 – ABOLISHING THE COMMUNITY RELATIONS COMMITTEE OF COUNCIL AND DECLARING AN EMERGENCY

 

Read by S. Murphy for first reading

 

RESOLUTION 11-2005 – APPOINTMENT TO CIVIL SERVICE AND DECLARING AN EMERGENCY.

 

Read by S. Murphy.

 

MOTION: TO ADOPT RESOLUTION 11-2005 AS READ

 

Moved by S. Murphy, seconded by A. Romito.

 

Mayor Procop stated she received another request from a resident who had over 12 years on the Civil Service Commission.  He requested he be considered to fill the vacant term and the legislation was drawn up with his name on it.  In the mean time another communication was received to change the name from the one on the legislation to another resident.  This is not right without having an interview with both applicants for that position.  Whenever there are two people applying for a position interviews are conducted.  

 

Mr. Murphy stated the position was advertised according to the Charter.  There was no applicant for that position so Mr. Murphy stated when he got the note on the resident being chosen he checked and found that person serves on another committee and that prohibits him from serving on Civil Service.

 

Mayor Procop stated it does not prohibit him, as he is willing to remove himself from the other committee.  He should have been interviewed so he could have explained his desire to leave the other committee and get back onto Civil Service.

 

Mayor Procop stated applicant’s turn in their requests to the Clerk of Council; they do not contact Council members.  He followed instructions and to be denied an interview is not right.  Both applicants should be interviewed and a decision be made.

 

 Upon roll call the motion passed with a vote of 5 –2 with Mr. Scaffide and Mrs. Studer dissenting.

 

ORDINANCE 12-2005 – ENTER INTO CONTRACT WITH TEAMSTERS LOCAL #436 AND DECLARING AN EMERGENCY

 

Read by S. Murphy for first reading.

 

RESOLUTION 13-2005 – APPOINTMENTS TO BOARD OF BUILDING AND ZONING CODE AND DECLARING AN EMERGENCY

 

Read by S. Murphy

 

MOTION: TO ADOPT RESOLUTION 13-2005 AS READ

 

Moved by S. Murphy, seconded by B. McDermott.

 

Mr. Scaffide stated he would like to move that Council remove Gabriele Cianci from the resolution and appoint Gary Wilner.  Mr. Scaffide stated he does not know who Gabriele Cianci is as well as no one on Council. No one has met this person.  There was an applicant who served for many years and did a good job that re-applied and Council did not appoint that person.  To appoint someone Council does not know or never met, he would like to see his name removed and then go ahead with Resolution 13. 

 

Mrs. Studer stated she sits on BZA and the person that Council took off to put Mr. Cianci on instead, has done an excellent job.  Stated unless we meet Mr. Cianci she doesn’t understand how Council can go ahead and vote for this person.  Stated Council should go back and do interviews again.

 

Mrs. Studer stated Mr. Cianci did not show up for the interview and Mrs. Hollows advised she could not be there that night either.  It is not fair to pick him without interviewing him.  Mrs. Hollows has done an excellent job on the Board.  Stated all of Council was not there that night for interviews and it is not right to take the word of one Councilperson that Mr. Cianci would do a good job. 

 

Mr. Hon stated if both persons were not available in Ward 3 and for whatever reasons were not interviewed, he feels they both should be interviewed.

 

Upon roll call the with a vote of 4 –3 the motion passed with Mrs. Studer, Mr. Hon, and Mr. Scaffide dissenting.

 

RESOLUTION 14-2005 – APPOINTMENTS TO ARCHITECTURAL REVIEW BOARD AND DECLARING AN EMERGENCY

 

Read by S. Murphy.

 

MOTION: TO ADOPT RESOLUTION 14-2005 AS READ

 

Moved by S. Murphy, seconded by A. Romito.  Upon roll call the motion passed unanimously.

 

RESOLUTION 15-2005 – APPOINTMENTS TO ENVIRONMENTAL COMMISSION AND DECLARING AN EMERGENCY

 

Moved by S. Murphy

 

MOTION: TO ADOPT RESOLUTION 15-2005 AS READ

 

Moved by S. Murphy, seconded by A. Romito.  Upon roll call the motion passed unanimously.

 

RESOLUTION 16-2005 – APPOINTMENTS TO PARKS AND RECREATION COMMISSION AND DECLARING AN EMERGENCY

 

 Read by S. Murphy

 

MOTION: TO ADOPT RESOLUTION 16-2005 AS READ

 

Moved by S. Murphy, seconded by B. Furey.  Upon roll call the motion passed unanimously.

 

RESOLUTION 17-2005 – APPOINTMENTS TO PLANNING COMMISSION AND DECLARING AN EMERGENCY

 

Read by S. Murphy

 

MOTION: TO ADOPT RESOLUTION 17-2005 AS READ

 

Moved by S. Murphy, seconded by B. McDermott.

 

Mr. Hon commented that some commissions serve 2-year terms and this one serves a 3-year term.  Stated he wants Council to make a decision in the future discussions to make all of the terms the same.  Stated he also feels Mr. Murphy should stay on the Planning Commission.

 

Upon roll call the motion passed unanimously.

 

RESOLUTION 18-2005 – MODIFY RECYCLE COMMITTEE

 

Read by S. Murphy

 

MOTION: TO ADOPT RESOLUTION 18-2005 AS READ

 

Moved by S. Murphy, seconded by B. Furey.

 

MOTION: TO ELIMINATE SECTION III FROM RESOLULTION 18-2005

 

Moved by B. Furey, seconded by S. Murphy.

 

Discussion on amended resolution.

 

Upon roll call with a vote of 4 – 3 the motion passed with Mr. Scaffide, Mrs. Studer and Mr. Hon dissenting.

 

Upon roll call, the motion to adopt as amended with a vote of 5 – 2 passed with Mr. Scaffide and Mrs. Studer dissenting.

 

MOTION: TO ADD ORDINANCE 19-2005 TO THE AGENDA

 

Moved by S. Murphy, seconded by B. Furey.  Upon roll call the motion passed unanimously.

 

ORDINANCE 19-2005 – 2005 SALARY ORDINANCE

 

Read by S. Murphy for first reading.

 

UNFINISHED BUSINESS, NEW BUSINESS, MISCELLANEOUS:

 

Mayor Procop:

 

Mayor Procop reminded Council that Resolution 13-2005 regarding BZA appointments did not pass on emergency so the Board will be lacking those two members for the next 30 days.

 

Stated she has a memo from Lt. Michael Nakata requesting legislation for police cars.  She passed the memo out to Council.  Mayor Procop asked that this be put on the Finance Committee as an item and discuss it there.

  

Stated she spoke with Mike Brown about the golf course and some improvements.  Mayor Procop stated the course would not be going to a food service it will keep its own concessions.  Stated she would like to have a meeting about Gleneagles with Council before the Council meeting at the end of February to discuss long term planning for the golf course.

 

Stated she needs a motion to authorize to go out for bid for Laurel and Lawnfield Drives for reconstruction.

 

Reminded everyone about the Academic Boosters fundraiser.  The third Monday of the month at Mavis Winkles a portion of the bill goes to the Boosters for their fundraiser.  They are also looking for corporate sponsorship to help out students in an academic way by rewarding them. Anyone interested in helping should contact the schools.

 

Announced the Relay for Life is on June 3 & 4th and the kickoff meeting is February 7, 2005 at the Hilton Garden Inn at 6:30 PM.

 

Announced there will be a Health Expo at the Fitness Center, this Sunday from 12:30 to 3:00 PM. 

 

J. Studer:

 

Wished to thank the Service Department for the great job done on the roads during this tough winter.

 

S. Scaffide:

 

Stated that Council has made a mockery out of its appointment authority tonight. Stated he feels it is unfortunate that residents can serve on a committee for a number of years, do a good job and then be replaced by someone that no one on Council has ever met.  There is no incentive for any resident to serve on a Board when it doesn’t matter that you can be taken off and replaced. Stated he feels Council has sunk to a new low and it is unfortunate that had to happen.  The residents are the losers.

 

B.     McDermott:

 

MOTION: TO AUTHORIZE THE MAYOR TO GO OUT FOR BID FOR LAUREL AND LAWNFIELD DR. RECONSTRUCTON.

 

Moved by B. McDermott, seconded by S. Murphy.  Upon roll call the motion passed unanimously.

 

Reminded everyone that the Twinsburg Athletic Boosters will be holding a Super Bowl party as their fundraiser on February 6, 2005 at Catered Elegance in Bedford.

 

A. Romito:

 

Stated he understands Mr. Scaffide’s comments. 

 

W. Hon:

 

Stated regarding the democratic process, what he likes is the fact that these items can be discussed in committee, on television and in person.  Stated the committee appointments are very important to him but Council is all over the place with this.  Sometimes Council interviews them and sometimes they don’t.  Stated terms need to be discussed soon.

 

Stated he likes the timely minutes Council receives from some of the Commissions.  Most of them are done in 1 to 2 weeks however, some Commission minutes take as much as a month and he feels this is not correct.  Mr. Hon has asked the Clerk of Council to send his comments to all commissions that their minutes should be more timely and 1 to 2 weeks is acceptable but one month is not.

 

B. Furey:

 

Reminded everyone that the deadline for the Twinsburg Baseball League registration is Monday January 31, 2005. Memberships can be taken on line at www.twinsburg.com/tbl. 

 

Commented on Lt. Anderson being charged with war crimes in Iraq and that the charges have been dropped but there is still a pending investigation.  There is still support for troops on the web at www.defendourtroops.com. as well as the petition the VFW has been passing around.

 

S. Murphy:

 

Attended the opening of a new business in town called “Eatza Pizza”.  Stated it is a great place to take the kids.

 

Stated that at the first meeting in December that the committees and liaisons to the committees are to be appointed by the President.  Stated he would keep the same committees Council had but reserved the opportunity to  re-adjust  as the new committees are formed.  Stated he asked the Clerk to pass out the new assignments and the only adjustment is that Mr. Romito has asked if he could stay with the Beautification Committee for the next three months and then it will go to Mr. Furey.  These appointments start February 1, 2005.

 

MOTION:  TO HAVE COUNCIL GIVE 50% OF THE BED TAX COLLECTED IN THE CITY OF TWINSBURG TO THE TWINSBURG VISITOR CENTER.

 

Moved by S. Murphy, seconded by B. McDermott.

 

Mr. Murphy stated the amount is $52, 191.54.

 

Mr. Furey stated he thought the amount was going to be raised to the $60,000.00 level.

 

MOTION: TO AMEND THE MOTION TO RAISE THE AMOUNT OF BED TAX TO $60,000.00 FOR THE TWINSBURG VISITOR CENTER.

 

Moved by B. Furey, seconded by S. Murphy.  Upon roll call the motion passed unanimously.

 

Mr. Murphy stated that one of the Council members pointed out that Council has reached a new low and he disagrees with that.  There is nothing new about what happened with the appointments.

 

ADJOURNMENT:

 

This meeting unanimously adjourned at 10:17 PM.

 

ATTEST:

 

 

 

 

__________________________________             ______________________________

Cynthia A. Kaderle, CMC                                    Steve, Murphy

Clerk of Council                                                 President of Council