CITY OF TWINSBURG, OHIO

 

REGULAR COUNCIL MEETING MINUTES

 

TUESDAY, JANUARY 9, 2007

 

 

Mr. Bill Furey President of Council called this meeting to order at 8:00pm.

 

INVOCATION & PLEDGE OF ALLEGIANCE:

 

Mr. Murphy bestowed the Invocation.  Council led in the Pledge of Allegiance.

ROLL CALL:                 B. Furey, W. Hon, B. McDermott, S. Murphy, A. Romito, S. Scaffide, G. Sorace

                         

ALSO PRESENT:          David Maistros, Law Director

                        Cynthia A. Kaderle, Clerk of Council

 

PRESENTATION OF HOLIDAY LIGHT AWARDS

 

The Peper Family

The Smith Family

The Todd Family

The Zito Family

The Davis Family

 

WILDLIFE HABITAT AWARD

 

Mrs. Jane Voelker

 

Karen Labbe representing the Beautification Commission introduced Sally Schaeffer who presented the awards to the Winners.

 

Mrs. Labbe thanked Joe Koudelka and daughter Jennifer Koudelka for photographing the homes.  Also thanked Mark Gutowski for putting together the slide show.

 

Council offered their congratulations to all the recipients.

 

 

APPROVAL OF MINUTES

 

MOTION: TO ADD THE APPROVAL OF THE  REGULAR COUNCIL MEETING OF DECEMBER 5, 2006 TO THE  DECEMBER 12, 2006 REGULAR COUNCIL MEETING

 

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

 

Mr. Hon requested the following be added to the minutes of December 12, 2006:  Under

Mr. Diersing’s comments add his comments that he’d like to have the City meet with Ohio Edison with regards to the tree cutting that went on in our community.  Have them respond to what criteria were used for cutting and chopping of the trees, provide what their specifications of a tree are, and request that the residents are informed about those specifications.

 

There being no further additions or corrections, the minutes of the Regular Council meeting of December 05, 2006 and the meeting of December 12, 2006 stand approved as written.

 

DEPARTMENT HEAD REPORTS/COMMUNICATION 

 

David Maistros, Law Director, spoke on behalf of the Mayor:

 

Community Planning and Development:

 

§         The staff is working with Sheetz to get the rooftop mechanical equipment better screened.

§         The Director of Community Planning and Development, Larry Finch has acquired the outline of a commitment for low interest loans through a link deposit arrangement to be incorporated into a Property Maintenance Program.  It will be presented to Council in the next month or so. 

 

Parks and Recreation:

 

§         The use of the Recreation Center has surged which is typical for this time of the year.

 

Service Department:

 

§         The City is currently filling potholes throughout the City.

§         The leaf program is completed.

§         There was significant response to the heavy rains and subsequent high waters on January 5, 2007 (Chris Campbell, Director of Public Works and Amy Mohr, City Engineer will respond)

 

Engineering:

 

§         Requesting permission to advertise for Bid in late January for the Glenwood Fire Station signal. This is to ensure that the signal is properly installed and operational.

 

Finance Department:

 

 

Fire Department:

 

§         There were 188 calls for service for December.  The total calls for the year 2006 was 2,168 or a little over 5% lower than last year with 121 less calls for service than 2005.

 

Police Department:

 

§         During the month of December, the Twinsburg Police Department Communications Center generated 1,922 calls for service among the Police and Fire Department, and Reminderville Police and Fire. Year to date, the Communication Department has generated 24,319 calls for service.

§         An individual connected with the thefts in the Recreation Center has been arrested and charged.  A number of items were recovered.

§         The City has received a letter from resident Mark Lovdahl commending Officer Hayes for investigating a claim made.

 

Announcements:

 

§         Wastewater verified that all lift stations were operating properly and no sanitary sewer lines surcharged during the rain events of Friday January 5, 2007.

§         There were some issues with the soil at the Serios work site.  Construction is expected to be up to speed and back on track by mid March.

§         Jeff Stock 2007 is set for January 12, 2007 at 7:00PM at the Agora Theater.

§         Mr. Maistros read letter from Daniel and Eleanor Simichek regarding Resolution 177-2006, requesting that it is put on the ballot for the May 2007 election.

 

Public Works Report:

 

Regarding the storm event of Friday, January 5, 2007, Chris Campbell, Director of Public Works, provided an update:

 

The service department checked all areas that are areas of concerns that would prevent the rainwater from draining properly. Incidentally, prior to this event on December 20, 2006 the Service Department had cleaned those areas.  All areas were clear and running properly, and no backups occurred.  The service department remained in the field throughout, keeping a close watch for backups or clogs.

 

The Wastewater Department sent a crew out to check the Sanitary Lift Stations and to pull some manholes on the sanitary collection system to ensure that they were kept informed on the condition of the sewer lines at all times.  There were no backups and all of the stations ran well.

 

Mr. Murphy questioned if it was debris at Adams Park that kept plugging up or too much water for the pipe.

 

Mr. Campbell responded that that area is designed to retain water, but the water did top the street in that area.  A crew was in that area as well.

 

Engineering Report:

 

Amy Mohr, City Engineer provided an update with regard to the Storm Event, how the engineering department was proceeding on the studies that the department started to undertake after last June’s storm event.

 

§         The department has been working with the homeowners association of Glenwood Preserve, and the Board is now able to grant the easements that will be required to do the projects in that area.

§         The environmental work is done; it was completed in December.

§         The first notification has been sent to the Army Corp for the area behind Andover and Dayflower and Belmeadow.  If no negative feedback is received, work can begin.

§         The environmental documentation has been finalized for the detention ponds by Adams Park and Forest Lake. The design consultant is putting together a package for the delineation and proposed work.

§         Requested funding from Capital Improvement for those projects as well as some additional funding in Glenwood Acres to address some standing water issues in that general area.  Will also be looking into doing a detailed study on how to best utilize those funds.

§         The miscellaneous storm sewer repairs, that were bid on last year, most of the work on Parkland – Dayflower Bridge is complete, and the work is being started this week on Stanley Lane.

 

B. Furey:

 

The Mayor will be giving the State of the City Address on Thursday, January 18, 2007, at the Hilton Garden Inn.  For Tickets, please contact Doug Johnson at the Twinsburg Visitors Center Chamber of Commerce at 330-963-6249. Reservations may also be e-mailed to   djohnson@twinsburgchamber.com

 

Mr. Furey responded to the Mayor’s statements that were read at the December 12, 2006, Council meeting.  A power point presentation was presented along with Mr. McDermott.  See Exhibit A attached.

 

COMMITTEE AND/OR COMMISSION REPORTS:

 

B. McDermott – Finance, Public Works

 

No finance meeting has been held, however Mr. McDermott touched on finances during the Power Point Presentation with Mr. Furey; see attached Exhibit A. 

 

Public Works has not met this year.

 

A. Romito – Environmental Historic Preservation, Vol. Firemen Depend Fund, Safety

 

The EHPC will meet on Thursday January 11, 2007 at 5:00 PM in Council Chambers. Stanley Stine will be in attendance, and Corbett’s’ Farm will be one of the items discussed.

 

S. Murphy – Capital Improvements, Architectural Review Board, Public Works, Safety 

 

The ARB met on December 21, 2006, and approved two designs for homes and signs for two businesses.  They met again on January 4, 2007, and were presented with one sign that will be reviewed at the next meeting because it did not include the dimensions for the plan.

 

B. Furey – Planning Commission, Public Works, Golf Advisory

 

§         The Planning Commission met on December 18, 2006 and discussed Title 3, the City Code, which must be voted on by the residents. The Planning Commission recommended to begin the process of preparing Title 3 to be placed on the ballot. The next Planning Commission meeting will be held on January 22, 2007 at 7:00 PM.  Density and Cluster Homes will be a topic discussed.

 

§         The Golf Advisory Board will meet on Thursday, January 25, 2007, at 7:00 in the Mayor’s conference room.

 

§         A Committee of the Whole meeting will be held on Tuesday, January 16, 2007, and on Tuesday January 23, 2007.

 

§         Public Works will meet on Wednesday, January 31, 2007, at 6:30 PM. City Engineer, Amy Mohr will be in attendance.

 

G. Sorace – Finance, Parks & Recreation, Fitness

 

No Finance meeting has been held.  Parks and Recreation Committee will meet on Wednesday, January 17, 2007.

 

W. Hon – Finance, Beautification, Safety, Fitness

 

Recommended that the Safety Committee meeting be set for Tuesday, January 16, 2007 at 6:15 PM, for the purposes of planning an Agenda.

 

S. Scaffide – Treasury, Vol. Firemen Depend Fund, Building & Zoning Appeals, Fitness

 

The BZA met on January 3, 2007 and voted down a 360sq. ft. variance to build a garage on Dooridge.

 

AUDIENCE PARTICIPATION:

 

Judy Huberty, 1903 Dooridge Drive:

 

Commented on Mr. Sorace’s position on Council, and went on to poise the following to Council:

 

§         Concerning the budget, from where Council receives their information?

§         If only 5 Wards, why do we have 7 Council Representatives?  Suggested that if the City cuts back on the Council President and Council At-Large seats, the City could save approximately $20,600.00.

§         How many lawsuits have been filed against the City in past 3-4 years?

 

In closing, she stated Mr. Scaffide is more than qualified to serve on the Public Works Board, and questioned the Board and Committee assignments of Council.

 

 

Catherine Tyler, 3181 Cannon Road:

 

Commented on the rezoning of the land from Liberty Road to Darrow Road and across to Cannon Road. Requested Council to include on May ballot.

 

Tripp Morris, 8530 N. Boyle Pkwy:

 

Requested Council to include on May ballot, the rezoning of the land from Liberty Road to Darrow Road and across to Cannon Road

 

Kyle Fadeley and Jimmy Davis, 10406 Springwood Circle:

 

Informed about the upcoming Jeff Stock Charity Foundation, that was founded by Jeff Newbaugher.  The Charity event will be held on Friday, January 12, 2007, at the Agora Theater Ballroom. Doors open at 5:30 PM.  Tickets are $15.00 presale. They can also be purchased at www.ticketmaster.com

 

LEGISLATION

 

MOTION: TO ADD ORDINANCE 11-2007 AND ORDINANCE 15-2007 TO AGENDA

 

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

 

Mr. Furey stated that this is legislation that needed to be added to the Agenda.

 

Upon roll call the motion passed unanimously.

 

ORDINANCE 175-2006 – ADOPTING THE COMPREHENSIVE PLAN 

 

Read by C. Kaderle for the first reading.

 

ORDINANCE 176-2006 – REZONING CERTAIN PROPERTY (Stands on second reading)

 

Read by C. Kaderle.

 

MOTION: TO ADOPT ORDINANCE 176-2006 AS READ.

 

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

 

Mr. Furey stated this is a rezoning from R2 to R5 that was discussed in the public participation this evening.  In addition, there is a Deed Restriction that has been in place with the City Law Director, David Maistros that limits this, therefore although the zoning increases, the amount of the density does not.

 

Mr. McDermott stated when this issue originally came about, he was against it due to a number of reasons, including the fact that this cluster use of zero growth, zero density, are not favored.  However he agrees that it should go on the ballot and the people should decide.

 

Mr. Romito stated that when residents come before Council on an issue, it is Council’s responsibility to put the issues on the ballot.

 

Mr. Hon stated that rezoning in the community of Twinsburg has always been discussed with the residents.  He further stated that he is not in favor of it going on the ballot for the following four reasons:

 

1.       The opportunity exists for a Developer to change it to more units.

2.       In the November 2006 election, residents soundly defeated rezoning issues.

3.       He has an interest in protecting the present codes that are presently in place.

4.       It cannot continue to be said that R5 means no children and is for seniors.

Mr. Furey requested that Mr. Maistros address Mr. Hons’ concerns about the density on the land.

 

Mr. Maistro stated Mr. Hon’s claim of it being 3.5 units per acre, is not accurate.  There is a signed Deed Restriction in place that restricts the number of units to be built there.

 

Mr. Hon argued that although Mr. Maistros was correct in his response, a Developer could still come in and add additional homes later.

 

Mr. Murphy commented that the Deed Restriction does limit the number of homes that can be built, and the City can enforce that.

 

Upon roll call the motion passed 6-1 with Mr. Hon dissenting.

 

ORDINANCE 177-2006 – REZONING CERTAIN PROPERTY (Stands on second reading)

 

Read by C. Kaderle.

 

MOTION: TO ADOPT ORDINANCE 177-2006 AS READ.

 

Moved by B. Furey, seconded by G. Sorace.

 

Mr. Furey stated this is the sister property and they are connected.  The Deed Restriction that

Mr. Maistros spoke of is also binding on this property.  Mr. Furey went on to say that Council does not change zoning; it is placed on the ballot for the people to vote.

 

Mr. Sorace stated that he previously apposed this issue until it was decided that the constituents in the City were explained the details of the development. 

 

Upon roll call the motion passed 6-1 with Mr. Hon dissenting.

 

ORDINANCE 197-2006 – REZONING PROPERTY – PF TO COMMERCIAL C-3 USE

 

Read by C. Kaderle for the first reading.

 

RESOLUTION 01-2007 – APPLICATION SUMMIT/AKRON SOLID WASTE MANAGEMENT AND DECLARING AN EMERGENCY

 

Read by C. Kaderle.

 

MOTION: TO ADOPT RESOLUTION 01-2007 AS AN EMERGENCY.

 

Moved by B. Furey, seconded by G. Sorace. 

 

Mr. Murphy stated that he would like to have someone come in and explain what this is, what the benefits are to the City, and why we are doing this.

 

Mr. Scaffide explained that this grant assists in the hazard waste collection.

 

Mr. McDermott clarified that this is not waste management, it is Solid Waste Management, and has nothing to do with the Waste Management company.

 

Upon roll call the motion passed unanimously.

 

RESOLUTION 02-2007 – ACCEPTING A STORM SEWER EASEMENT

 

Read by C. Kaderle.

 

MOTION: TO ADOPT RESOLUTION 02-2007 AS READ.

 

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

 

Mr. Hon noted that this is for 9215 Ash Croft Lane.          

 

Upon roll call the motion passed unanimously.

 

RESOLUTION 03-2007 – ACCEPTING A STORM SEWER EASEMENT

 

Read by C. Kaderle.

 

MOTION: TO ADOPT RESOLUTION 03-2007 AS READ.

 

Moved by B. Furey, seconded by A. Romito.

 

Mr. Hon noted that this is for 2100 Glenwood Drive.

 

Upon roll call the motion passed unanimously.

 

ORDINANCE 04-2007 – HIRING DAVEY RESOURCE GROUP AND DECLARING AN EMERGENCY

 

Read by C. Kaderle.

 

MOTION: TO SUSPEND THE RULES AND PLACE ORDINANCE 04-2007 ON THIRD AND FINAL READING AND DECLARING AN EMERGENCY

 

Moved by B. Furey, seconded by A. Romito.

 

Mr. Murphy stated that there are still some unanswered questions.

 

Mr. Hon agreed that there needs to be more discussions with Davey Tree.

 

Mr. McDermott clarified if this was professional or contracted services.

 

Upon roll call the motion failed with a vote of 6-1 with Mr. Furey, Mr. McDermott, Mr. Murphy, Mr. Scaffide, and Mr. Sorace dissenting.

 

ORDINANCE 05-2007 – ACCEPTING BID AND DECLARING AN EMERGENCY

 

Read by C. Kaderle.

 

MOTION: TO SUSPEND THE RULES AND PLACE ORDINANCE 05-2007 ON THIRD AND FINAL READING AND DECLARING EMERGENCY

 

Moved by B. Furey, seconded by W. Hon.

 

Mr. Romito questioned why the emergency.

 

Mr. Furey stated that they wanted to start in the winter months in order to have the project completed prior to the next school year.

 

Mr. McDermott stated that they wanted to do the work during cold weather because the ground is more stable; however we have been lacking in cold weather.

 

Mr. Furey referred to Mr. Maistros for available options.

 

Mr. Maistros stated three readings would delay the project.

 

Mr. Scaffide stated the bid might only be good for so many days.

 

Mr. Hon stated that due to the needed improvements, this is something that needs to be moved on quickly.

 

Mr. Murphy stated he would be in favor of the emergency for the safety of the residents and the school children with regard to the school buses.

 

Upon roll call the motion passed with a note of 6-1 with Mr. McDermott dissenting.

MOTION: TO ADOPT ORDINANCE 05-2007 AS AN EMERGENCY.

 

Moved by B. Furey, seconded by W. Hon.

 

Upon roll call the motion to adopt as an emergency passed unanimously.

                                                                                   

ORDINANCE 06-2007 – TRANSFER ORDINANCE AND DECLARING AN EMERGENCY

 

Read by C. Kaderle.

 

MOTION: TO SUSPEND THE RULES AND PLACE ORDINANCE 06-2007 ON THIRD AND FINAL READING AND DECLARING AN EMERGENCY

 

Moved by B. Furey.

 

Mr. Furey stated that because there is no second to the motion, Ordinance 06-2007 will be placed on it’s first reading and refer it to the Finance Committee.

 

ORDINANCE 07-2007 – 2007 SALARY ORDINANCE AND DECLARING AN EMERGENCY

 

Read by C. Kaderle.

 

MOTION: TO SUSPEND THE RULES AND PLACE ORDINANCE 07-2007 ON THIRD AND FINAL READING AND DECLARING AN EMERGENCY

 

Moved by B. Furey.

 

Mr. Furey stated 07-2007 would be placed on its first reading.

 

RESOLUTION 08-2007 – APPOINTMENTS TO BEAUTIFICATION COMMISSION AND DECLARING AN EMERGENCY

 

Read by C. Kaderle.

 

MOTION: TO ADOPT RESOLUTION 08-2007 AS AN EMERGENCY

 

Moved by B. Furey, seconded by W. Hon.

 

Mr. Furey stated this is a resolution appointing three members: Catherine Tyler, Sally Schafer and Gail Takacs to the Beautification Committee.

 

Upon roll call the motion was unanimously passed.

 

RESOLUTION 09-2007 – APPOINTMENTS TO ENVIRONMENTAL HISTORIC PRESERVATION COMMISSION AND DECLARING AN EMERGENCY

 

Read by C. Kaderle.

 

MOTION: TO ADOPT RESOLUTION 09-2007 AS AN EMERGENCY.

 

Moved by B. Furey, seconded by Mr. Romito.

 

Mr. Furey stated this is a resolution appointing three people to the Environmental Historic Preservation Commission: Barbara Balchick-Ward 3,  Maher Holozadah-Ward 4, and Mike Fetsko-Ward 5.

 

Upon roll call the motion was unanimously passed.

 

RESOLUTION 10-2007 – APPOINTMENTS TO PARKS & RECREATION COMMISSION AND DECLARING AN EMERGENCY

 

Read by C. Kaderle.

 

MOTION: TO ADOPT RESOLUTION 10-2007 AS AN EMERGENCY.

 

Moved by B. Furey, seconded by Mr. Sorace.

 

Mr. Furey stated this is an Ordinance to reappoint to the Parks and Recreation Commission: Mark Turk-Ward 1, Thomas Radtke-Ward 2.

 

Mr. Romito clarified that the positions appointed were all unopposed.

 

Mr. Furey stated that there are still some people yet to be interviewed.

 

Upon roll call the motion was unanimously passed.

 

ORDINANCE 11-2007 – AN ORDINANCE AMENDING VARIOUS PROVISIONS OF TITLE 3

 

Read by C. Kaderle for the first reading.

 

ORDINANCE 15-2007 – REZONING CERTAIN PROPERTY OWNED BY THE CITY OF TWINSBURG FROM PF TO I-2

 

Read by C. Kaderle for the first reading.

 

UNFINISHED BUSINESS, NEW BUSINESS, MISCELLANEOUS

 

B. Furey:

 

MOTION: TO APPLY $65,000.00 OF THE $113,000.00 BED TAX THAT THE CITY COLLECTS TO FUND THE TWINSBURG VISITOR CENTER.

 

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

 

Upon roll call the motion passed unanimously.

 

MOTION: TO DONATE $1000.00 TO NEW BEGINNINGS TO SUPPORT THE YOUTH CANCER RESEARCH AND AWARENESS THAT JEFF NEWBAUGHER FOUNDED.

 

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

 

Mr. Furey stated that this is a nonprofit organization for youth cancer research.

 

Mr. Sorace stated that although he has no problem with donating to charities, Council has to stop giving away the City’s money, and that he’d prefer to make a donation out of his pocket.

 

Mr. McDermott agreed with Mr. Sorace’s comments.

 

Mr. Romito agreed to make a donation using his own funds.    

 

MOTION: TO AMEND THE AMOUNT TO A $700.00 DONATION

 

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

 

MOTION: TO WITHDRAW THE MOTION TO DONATE TO NEW BEGINNINGS

 

Moved by B. Furey, seconded by G. Sorace. Upon roll call the motion passed unanimously.

 

Mr. Furey stated that Council is not endorsing this project, only choosing to contribute from their personal funds rather than City funds.

 

Mayor Procop will be giving the State of The City Address on Thursday, January 18, 2007 at 11:30PM at the Hilton Garden Inn. Tickets are $25.00 for non-members and $20.00 for members. To obtain tickets, call Doug Johnson 330-963-6249, or e-mail him a djohnson@twinsburgchamber.com

 

The Twinsburg Library Foundation is holding a Fund Raiser on Saturday, February 19, 2007, at the Hilton Garden Inn. Tickets are $55.00 per person, or you can purchase a table for eight for $400.00, and can be purchased at the Twinsburg Library or by calling 330-562-9459.

 

Wednesday, January 17, 2007 there is an Open House and an Awards Ceremony for The Relay for Life organization.  You can obtain information and tickets from Mike Regal at 330-405-3539, or by