CITY OF TWINSBURG, OHIO
REGULAR COUNCIL MEETING MINUTES
TUESDAY, FEBRUARY 27, 2007
Mr. Bill Furey President of
Council called this meeting to order at 8:15pm.
INVOCATION & PLEDGE OF ALLEGIANCE:
Mr. Murphy bestowed the
Invocation. Council led in the Pledge
of Allegiance.
ROLL CALL: B. Furey,
B. McDermott, S. Murphy, S. Scaffide, G. Sorace, and Mr. Hon
ABSENT: A. Romito
ALSO PRESENT: Mayor Katherine A. Procop
David
Maistros, Law Director
Cynthia A. Kaderle,
Clerk of Council
DEPARTMENT
HEAD REPORTS/COMMUNICATION (MAYOR’S REPORT)
Finance Department:
§
City Income Tax receipts as of January
31, 2007 totaled $1,192,233.00 compared
to
January 31,
2006, receipts in the amount of $956,421.00.
This reflects an increase of 25% at the end of January.
§
The City has switched over to R.I.T.A. as
our income tax agency. Representatives
from R.I.T.A. will be here on Monday, March 19th and Monday, March
26th from 11:00am until 7:00pm, to answer any questions that you may
have regarding their hours, how to contact them, etc.
§
Seasonal positions and regular part-time
positions are currently available and are posted on the Web site at http://www.mytwinsburg.com/.
Fire Department:
Engineering Department:
The Mayor thanked the Service
Department, Police Department, and the Parks Department for the great job they
did during the snowstorm in clearing the major roadways, servicing the 236 plus
senior driveways, and working as a team to get the job done.
Parks and
Recreation:
§
The Parks Commission was pleased to see that there were
skaters and cross country skiers in Liberty Park.
§
Friday, March 9, 2007 Las Vegas Night will be held at the
Senior Center for residents 55 and over. The evening begins at 6:00PM and the
cost is $5.00. They are looking for some volunteers if you are interested.
§
Saturday, March 17, 2007, The VSA; Very Special Arts of Ohio
festival will be taking place at the Activities Center, at 1-4pm, admission is
free.
§
Saturday, March 24, 2007, Day Camp registration begins at
8:00am at the Activities
Center.
Announcements:
The
Twinsburg High School After Prom Committee has submitted their annual request
for donation. The Mayor stated that it is truly a worthwhile organization,
which provides entertainment for the students so that they have a place to go
after the Prom. The Mayor also thanked the parents for getting that program
together.
Metro
Parks has purchased the Pond Brook Wetlands, 231 acres of land, and now adjoins
Liberty Park with over 1400 acres and Tinkers Creek State Park with over 700
acres. The parks combined total 2500 acres of parkland. Regionally, there is now about 3200 acres of
parkland, on the borders of Portage and Summit counties. Mayor Procop stated that she truly believes
that Liberty Park was the catalyst of the first land purchase to get that park
system going, and for that she is very proud of the City of Twinsburg and the
residents for the park purchase.
The Mayor
also congratulated Metro Parks servicing Summit County on their
accomplishments, and thanked Keith Shy, the Director of the Parks System for
his relentless efforts and motivation in accomplishing this goal.
The Mayor
also congratulated Sam Scaffide who was elected president of the Northern Ohio
Service Directors Association. He will be sworn in on March 14, 2007. The Service Directors Association has been
in existence since 1950, and is made up of Service Directors from a number of
cities throughout the counties of Cuyahoga, Summit, Medina, Portage, and
Geauga, and members from the business community.
Mayor
Procop thanked and congratulated Clayton Morris, the new Human Resource
Director for the exceptional work he has done on the benefits for the
year. The city will save about $100,000
in benefits.
COMMITTEE AND/OR COMMISSION REPORTS:
B.
McDermott – Finance, Public Works
§
Congratulated Mr. Scaffide.
§
A Finance Committee meeting will be held on February 28,
2007. Department Heads will be present
and the budgets for the Engineering, Police, Fire, Service and the Parks and
Recreation Departments will be discussed.
S. Murphy
– Capital Improvements, Architectural Review Board, Public Works, Safety
§
The Architectural Review Board will meet on March 1, 2007.
§
The Chamber will meet on the second Wednesday of the Month.
§
The Capital Improvement Board received notice from the
Mayors’ office of a new Capital Improvements list that showed a difference in
the totals. Mr. Murphy clarified and explained the information that the board
received.
§
Regarding Title 3, C5 zoning, and comments that he made, he
wanted to review why his vote was the way it was on Title 3. Mr. Murphy also stated that the City code
does state that a 30-day notice of hearing is required.
G. Sorace
– Finance, Parks & Recreation, Fitness
§
The Park & Recreation Commission discussed the baseball
league’s plan to invest $6000-$7000 into some of the city ball fields this
summer.
§
The Boards and Commission Round Table will meet on Tuesday,
March 6, 2007 at 7:00PM
§
Advised that the Fitness Center is open during
snowstorms. The policy states that they
remain open unless it is a state of emergency.
§
They will be incorporating a Fitness Award Program that will
come from the Parks and Recreation Department.
More information will be given as the program develops.
W. Hon – Finance,
Beautification, Safety, Fitness
§
The Beautification Committee will meet, Thursday, March 1,
2007 in the Jury Room at 7:00PM. The
Landscape contract, Arbor Day, and Baldwin Tree Park will be discussed. Also
will be expecting a representative from Ohio Edison to be in attendance.
S.
Scaffide – Treasury, Vol. Firemen Depend Fund, Building & Zoning Appeals, Fitness
§
The Board of Zoning Appeals nominated and reelected Robert
Shaw as Chairman for the coming year. LLRT, Tim’s Collision on Ravenna Road,
requested a variance for the purpose of expanding their existing building, and
some relief from the continuance curbing requirements for the purpose of
drainage to the lot, which was approved. They will be requesting that Council
waive the 30 days.
B. Furey –
Planning Commission, Public Works, Golf Advisory
§
The Planning Commission will meet on March 5, 2007 at 7:00
PM.
§
Congratulated Mr. Scaffide.
AUDIENCE
PARTICIPATION:
Judy
Huberty, 1903 Dooridge Drive:
Mrs.
Huberty congratulated Mr. Scaffide on his appointment stating that it was a
great accomplishment. Mrs. Huberty went
on to make some corrections from the last Council meeting:
§
Previously stated that Mr. Murphy ran for Committee of the
Whole, that was incorrect, it was Council At Large.
§
Mentioned an individual wanted a 720 ft garage in Glenwood
Acres, that was incorrect. The first
time that the individual approached the BZA, the request was for 960 Sq Ft, and
now they are requesting 800 Sq Ft.
§
Council proved that she was correct in stating that they did
not need five members on Council, since they were able to and did pass
ordinances with only five votes.
§
Inquired as to why she has not received a response to her
question of how many lawsuits have been brought against the City in the past
31/2 – 4 years? Also questioned how
much money these lawsuits have cost the taxpayers.
Genevieve
Spera, 2874 Mathers Way:
§
On behalf of the Ethans Green Homeowners Association, Mrs.
Spera stated that the Association wants to encourage Council to support and
pass Ordinance 26-2007, which seeks to amend the current legislation to allow
for community garage sales.
§
The next meeting for the Board and Commissions Round Table
will be on Tuesday, March 6, 2007 at 7:00 PM.
Donna Levaskevich, 1924 Westwood:
§
Congratulated Mr. Scaffide on his promotion.
§
Suggested that in the future capital improvement request
include the name of the development and street name as a guide to help the
Boards members better serve all of Twinsburg.
§
Commented on the resident lawsuits against the city and how
they come about.
LEGISLATION
ORDINANCE 07-2007 – 2007 SALARY
ORDINANCE AND DECLARING AN EMERGENCY (Stands on second reading)
Read by C. Kaderle.
Mr. McDermott requested this be
referred back to the Finance Committee, stating that the copy that he received
does not include all of the changes that he’d like to have on it, and he has
some other changes that he’d like to discuss.
MOTION: TO REFER THE SALARY
ORDINANCE TO THE FINANCE MEETING BEING HELD ON WEDNESDAY, FEBRUARY 28, 2007.
Moved by Mr. McDermott, seconded
by Mr. Furey. Upon roll call the motion passed unanimously.
Read by C. Kaderle.
MOTION: TO SUSPEND THE RULES AND
PLACE ORDINANCE 26-2007 ON THIRD AND FINAL READING AND DECLARING AN EMERGENCY.
Moved by B. Furey, seconded by S.
Murphy.
Mr. McDermott questioned if this
required an emergency that places it into effect now, as opposed to 30 days
from now.
Mr. Furey asked the Mayor if she
had an opposition to the legislation.
Mayor Procop stated that she did not have any opposition.
Upon roll call the motion passed
unanimously.
MOTION: TO ADOPT ORDINANCE 26-2007
AS AN EMERGENCY.
Moved by B. Furey, seconded by S.
Murphy.
MOTION: TO AMEND ORDINANCE 26-2007
ON THE SECOND PAGE UNDER D TO READ NO MORE THAN FOUR SIGNS FOR A HOME PERMIT
AND NO MORE THAN TWENTY SIGNS PER AN ASSOCIATION PERMIT.
Moved by B. Furey, seconded by G.
Sorace. Upon roll call the motion
passed unanimously.
Upon roll call Ordinance 26-2007
as amended passed unanimously.
ORDINANCE 31-2007 – ANNUAL APPROPRIATIONS
FOR 2007 (Stands on first reading)
Read by C. Kaderle for the second
reading.
Read by C. Kaderle for the second
reading.
ORDINANCE 33-2007 – WATER SERVICE
AGREEMENT AND DECLARING AN EMERGENCY
Read by C. Kaderle.
MOTION: TO SUSPEND THE RULES AND
PLACE ORDINANCE 33-2007 ON THIRD AND FINAL READING AND DECLARING AN EMERGENCY.
Moved by B. Furey.
Due to lack of a second, Ordinance
33-2007 stands on first reading.
The Mayor stated that it really
does not have to be on an emergency, and she agrees that it should be on first
reading.
ORDINANCE 34-2007 – JOINT ECONOMIC
DEVELOPMENT ZONE AND DECLARING AN EMERGENCY
Read by C. Kaderle.
Mr. Furey stated that because this
is the companion legislation for Ordinance 33-2007, it should also remain on
the first reading.
RESOLUTION 38-2007 – ACCEPTING AN
EASEMENT
Read by C. Kaderle.
MOTION: TO ADOPT RESOLUTION
38-2007 AS READ.
Moved by B. Furey, seconded by S.
Murphy. Upon roll call the motion
passed unanimously.
RESOLUTION 39-2007 – ACCEPTING AN
EASEMENT
Read by C. Kaderle.
MOTION: TO ADOPT RESOLUTION
39-2007 AS READ.
Moved by B. Furey, seconded by S.
Murphy.
Mr. McDermott questioned if this
helps with the Liberty Road sewer project.
Mr. Furey stated Amy Mohr, City
Engineer advised him that this had nothing to do with the Liberty Road sewer
project. This is simply an easement
between a similar property.
Upon roll call the motion passed
unanimously.
ORDINANCE 40-2007 – AMENDING CONTRACT WITH AFSCME AND
DECLARING AN EMERGENCY
Read by C. Kaderle.
MOTION: TO SUSPEND THE RULES AND
PLACE ORDINANCE 40-2007 ON THIRD AND FINAL READING AND DECLARING AN EMERGENCY.
Moved by B. Furey, seconded by B.
McDermott. Upon roll call the motion
passed unanimously.
MOTION: TO ADOPT ORDINANCE 40-2007
AS AN EMERGENCY.
Moved by B. Furey, seconded by G.
Sorace. Upon roll call Ordinance 40-2007 unanimously passed on an emergency.
ORDINANCE 41-2007 – AMENDING
CONTRACT WITH AFSCME AND DECLARING AN EMERGENCY
Read by C. Kaderle.
MOTION: TO SUSPEND THE RULES AND
PLACE ORDINANCE 41-2007 ON THIRD AND FINAL READING AND DECLARING AN EMERGENCY.
Moved by B. Furey, seconded by B.
McDermott. Upon roll call the motion
passed unanimously.
MOTION: TO ADOPT ORDINANCE 41-2007
AS AN EMERGENCY.
Moved by B. Furey, seconded by S.
Scaffide. Upon roll call Ordinance
41-2007 unanimously passed as an emergency.
ORDINANCE 42-2007 – AMENDING
CONTRACT WITH TEAMSTERS AND DECLARING AN EMERGENCY
Read by C. Kaderle.
MOTION: TO SUSPEND THE RULES AND
PLACE ORDINANCE 42-2007 ON THIRD AND FINAL READING AND DECLARING AN EMERGENCY.
Moved by B. Furey, seconded by B.
McDermott. Upon roll call the motion
passed unanimously.
MOTION: TO ADOPT ORDINANCE 42-2007
AS AN EMERGENCY.
Moved by B. Furey, seconded by S.
Scaffide. Upon roll call Ordinance
42-2007 unanimously passed as an emergency.
UNFINISHED BUSINESS, NEW
BUSINESS, MISCELLANEOUS
Mr. Maistros:
Responded to resident’s comments
regarding taxpayer lawsuits, stating that at no point in time has he ignored
any request from a resident. Mr.
Maistros further stated that he has met with residents on numerous occasions to
address matters. Mr. Maistros stated
that he would provide the information regarding the number of lawsuits brought
against the city at the next Council Meeting.
Mayor Procop:
§
Gleneagles Golf Course is slated to be open on April 1,
2007; however if weather permits, the golf course may be opened in March.
§
The server is down at Cable 9; this has affected the
advertisements and the community service announcements.
§
Regarding the changes to the Capital Improvement request;
she stated that as Mayor of the City of Twinsburg, it is her responsibility to
review the recommendations by the department heads and the Capital Improvements
Board. The Mayor recommended a total of 18 changes, with some Projects being
moved to 2008. The Mayor also detailed
the $450,000.00 credit that the CIB questioned.
§
Responding to Mr. McDermotts’ question regarding the Web site
Auction, the Mayor advised that Mr. Gutowski is preparing to put the vehicles
on Ebay, and we have not had a lot of response from our regular auction.
B. McDermott:
§
The Finance Committee has not reviewed any of the
recommendations from the Capital Improvement Board or the Mayor at this time.
They will however be reviewed over the next couple of weeks.
§
A number of residents have asked what Title 3 is; Mr.
McDermott explained Title 3. Mr. McDermott also stated the following
recommendations for the Planning Commission’s consideration.
1.
Remove Neutral Density zoning and the sections impacted and
replace it with a new separate Neutral Density Zoning District (commonly
referred as Conservation Development).
This will enable environmentally sensitive areas to be developed with
due consideration from residents of the community.
2.
Establish procedure for Planning Commission to follow and
adhere to when a Re-Zoning request is presented. Such procedure will help
avoid/eliminate the “fiasco” which occurred at the recent “C-5 Re-Districting,”
request with TITLE III at the last council meeting.
3.
Strike “Except for the De Minimus Development” from section
1139.20 (Site Plans). It has been
established past practice and review all site plans, with exception to one and
two family dwellings. Also, such
“Exception…” is clearly in conflict with the current Duties and
Responsibilities (section 1103.05 (C)) noted the current Zoning and Development
Regulations. Lastly, such “Exception…”
may be interpreted to conflict with the City Charter, section 7.07. Section 7.07 reads impart: “Planning Commission shall have all powers
to consider the following matters:
A. Land Use
and other zoning regulations…
B. All
matters before Council pertaining to zoning and land use shall be referred to
the Planning Commission for Report and Recommendation.”
C. Request
all Re-Zoning request be treated as separate recommendations. Therefore, required Public Hearings can be
conducted for each issue at hand rather than ‘buried” in other recommendations.
MOTION: TO HAVE MR. MCDERMOTT’S
LIST OF RECOMMENDATIONS FOR THE PLANNING COMMISSION TO BE CONSIDERED.
Moved by B. Furey, seconded by B.
McDermott. Upon roll call the motion
passed unanimously.
S. Murphy:
§
Congratulated Mr. Scaffide on his promotion.
§
Congratulation to whomever designed the new emblem on the
new police cruisers. It looks really
sharp.
§
The Capital Improvement Board is requesting that the
recommendations are given to them to review, after the Mayor has reviewed them,
and they will make recommendations based on what they get from the Mayor’s
office.
G. Sorace:
§
Congratulated Mr. Scaffide on his promotion.
S.
Scaffide:
MOTION: TO
WAIVE THE 30 DAYS FOR APPEAL 02-2007 FOR THE VARIANCE FOR TIM’S COLLISION FOR
THE 25FT SIDEYARD SETBACK
Moved by S. Scaffide, seconded by
B. Furey. Upon roll call the
motion passed unanimously.
MOTION: TO
WAIVE THE 30 DAYS FOR APPEAL 02-2007 FOR A 10FT VARIANCE FOR THE SIDEYARD
PARKING LOT
Moved by S. Scaffide, seconded by
B. Furey. Upon roll call the
motion passed unanimously.
MOTION: TO WAIVE THE 30 DAYS FOR THE VARIANCE FOR RELEASE
FROM THE CONTINUANCE CURBING REQUIREMENTS
Mr. Scaffide explained that relief from the
continuance curbing is needed for the purpose of continued drainage into the
catch basin.
Moved by S. Scaffide, seconded by G. Sorace. Upon roll call the motion passed 5-1
with
Mr. Murphy dissenting.
§
Requested that the Building Department look at Joyner’s
Plaza.
B. Furey:
§
Requested if a Cartegraph report can be generated for the
Building and Engineering Departments.
§
Requested a copy of the latest proposal on what is entailed
in the professional services for Highland Road for the Public Works Commission.
§
The Twinsburg Athletic Boosters are having a fundraiser on
St. Patrick’s’ Day, March 17, 2007, at Catered Elegance. Tickets information is
available on channel 27 and on their Web site.
Mr.
Murphy:
Commented
that the plans for the garage on Dooridge, were not drawn by a qualified person
and had no aesthetic detailing on the plans, thus being not acceptable to the
review board. Mr. Murphy stated when an
applicant comes to the Building Department, they should be told at that time
what the committee would require.
The Mayor
advise that the applicants are provided with a detailed packet of what is
required of them, and Mr. Furey stated the Law Director is working on
legislation for a Planning Commission check list.
EXCUSE ABSENT MEMBERS:
MOTION: TO EXCUSE MR. ROMITO
Moved by B. Furey, seconded by S. Murphy. Upon roll call the
motion passed unanimously.
ADJOURNMENT:
This meeting unanimously adjourned at 9:30 PM.
ATTEST:
__________________________________ ______________________________
Cynthia A. Kaderle Bill
Furey
Clerk of Council President
of Council