Presiding Officer, Mayor Donald Kuchta called ... - Macedonia, Ohio

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Regular Council
February 10, 2011
Presiding Officer, Mayor Donald Kuchta called the January 27 regular meeting of Macedonia
City Council to order at 7:34pm.
Present: Council members' Shane Barker David Engle, Kenneth Martin, Michael Miller,
Nicholas Molnar, and Sam Pilato; Law Director Joseph W. Diemert, Jr.
Absent: Clerk Josephine Arceci
PLEDGE OF ALLEGIANCE led by Mr. Engle followed by an invocation by Mayor Kuchta
PUBLIC COMMENTS
Kurt Laubinger, 282 Ledge Road stated that he is never for or against Ordinance No. 6-2011, the
ordinance relative to rezoning property from R-1 to R-SC. However, he feels strongly that
procedurally the ordinance is not being handled properly. Mr. Laubinger gets the sense he said
that Ordinance No. 6-2011 is being rushed through. Zoning changes are serious business
governed by Chapter 1141 of the Codified Ordinances and § 10.03 of the Charter. There are
reasons for requirements and timetable to be followed. For example Mr. Laubinger stated the
December 20 Planning Commission minutes indicate that the proposed rezoning would be for six
(6) acres. The ordinance however states 12.67 acres. How and when did the area increase from 6
to over 12 acres he asked? Within the body of the ordinance there are mathematical errors with
regards to the total acres per parcel and the number acres to be rezoned. The actual sum is over 15
acres, yet the ordinance states 12.67. “Who writes and proofs the ordinances.” Mr. Laubinger
asked? With regards to the § 10.03 of the Charter Mr. Laubinger said, “This section clearly
states, Said election is to be held concurrently with the next election regularly scheduled
throughout the County…,”. This means in Mr. Laubinger’s opinion that zoning amendments can
not be on any ballot other than in November. Mr. Laubinger mentioned that he had inquired of
Clerk Arceci if there have been zoning amendments appearing on any ballot other than in
November to which she had answered no. Mr. Laubinger feels the intent of the elected officials
who drafted this section was to minimize the City’s cost of the election. Placing this zoning
amendment on the May ballot is wrong Mr. Laubinger stated. Macedonia has no money Mr.
added and to allow a special election under the City’s financial situation is wrong. Mr.
Laubinger advised Council that they need start exercising their authority and put a stop to certain
individuals who break procedures, particularly with regards to Ordinance No. 6-2011.
Council President Barker informed Mr. Laubinger that Attorney Mitchell who represented
Developer Joseph Migliorini had stated at the January 13 council meeting that Mr. Migliorini
may be willing to pay the cost of the May election. In which case there would be no cost to the
City.
Chuck Loparo, Bradford Lane suggested that Council’s work sessions and finance meetings be
video recorded and televised so residents can see why Macedonia is in the mess that it is. Voters
passed a fire levy in August 2008 for the specific purpose of hiring full-time firefighters and yet
Council continues to defy that mandate.
With regards to another matter, Phil George, a consultant, explained that he represents an
individual (unnamed) who recently sold a UPS store to open an Internet Café. This individual is
a hard working, honest man who is just trying to make a living Mr. George stated. This
individual is not a mobster nor has ties to organized crime, a correlation unfortunately Mr.
George stated people who are owners of these businesses. There are numerous regulations and
requirements owners must adhere to even before their business can even be opened to the public
Mr. George stated. Elected officials should be become more learned about this type of business
because 80% of the users of Internet Café’s are middle aged to senior homemakers In Florida for
example the skilled game stores that run up and down the east and west coast are frequented
mostly by the elderly female population.
Councilor Pilato asked Mr. George if the casino slated for Cleveland will take business away
from Internet Cafés to which Mr. George answered no because it’s a different market base.
Spending money in a casino is more costly and more time consuming. Those who patronize
Internet Cafés typically spend considerably less money and time.
Councilor Molnar asked Mr. George if he’s considered Macedonia’s demographics to which Mr.
George answered yes. Mr. George explained demographics are considered within a 50 mile
radius.

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Regular Council
February 10, 2011
Chad Price, owner of Dusk to Dawn an Internet Café located in Northfield Village stated his
client range in age 50-70. Last week 500 people played sweepstakes. In addition to the
sweepstakes, Dusk to Dawn is a business center; Mr. Price stated offering faxing, printing,
business cards, banners and similar items.
With regards to another matter Planning Commission member Ed Morris asked Council to
support amendments to the sign ordinance, Ordinance No. 90-2011. The Planning Commission
feels amendments to the sign ordinance are overdue and imperative particularly with regards to
electronic based signs. The current ordinance is weak and lacking in this area and until the sign
ordinance is amended the City has very little regulatory control.
With regards to another matter, Vic Sohar, owner of Sohar All Season Mower Service, East
Highland Road, asked Council not to wait any longer and pass the amendments to the sign
ordinance. .When the construction of the Highland Road grade separation starts Mr. Sohar will
have to take every advantage of informing the public that his business is opened. Signs are
marketing tools that are absolutely necessary to stay in business. He’s been in business for 30years
and employees 27. Mr. Sohar feels without electronic sign his business will not continue to
thrive.
INTRODUCTION, READINGS & ADOPTION OF LEGISLATION
ORD. NO. 89- 2010
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 80-2010, SECTION
793.04A OF THE CODIFIED ORDINANCES PERTAINING TO COMPUTERIZED
INTERNET CAFES was offered by Mr. Martin for its third reading by title only. Second not
required.
Mr. Martin moved, Mr. Engle seconded to adopt ORD. NO. 89-2010 and post same according to
law.
Roll call: Ayes: Barker
Nays: Martin, Miller, Molnar and Pilato None.
The motion carried, ORD. NO. 89-2010 failed.
Relative to ORD. NO. 89-2010 and prior to roll call Mr. Martin stated Internet Cafes are not family
friendly establishments. There are places for gambling. Describing them as a place to play
sweepstakes is misleading and a misnomer. They a negative impact in a community because they
are in fact places to gamble. They do not present a good appearance and therefore are a detriment to
an otherwise healthy environment. They are flashy and generally give the connotation of being a
seedy establishment. Macedonia on the other hand is a family oriented community and the very
reason he chose to raise is family here and the reason he opposes Internet Cafes.
ORD. NO. 90 2010: AN EMERGENCY ORDINANCE AMENDING VARIOUS
PROVISIONS IN CHAPTER 1179 OF THE CODIFIED ORDINANCES REGARDING SIGN
REGULATIONS was offered by Mr. Martin for its third reading by title only. Second not
required.
Roll call: Ayes: Barker, Engle, Martin, Miller, Molnar and Pilato
Nays: None.
The motion carried
Mr. Martin moved, Mr. Molnar seconded to adopt ORD. NO. 90-2010 and post same according to
law.
Roll call: Ayes: Barker, Miller, Molnar and Pilato
Nays: Engle, Martin
The motion carried, ORD. NO. 90-2011 adopted.
ORD. NO. 102-2010
AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A
MACEDONIA OCUPPANCY PROGRAM GRANT AGREEMENT WITH STANDARDS
SIGNS, INC. was offered by Mr. Engle for its third reading by title only. Second not required.
Mr. Engle moved, Mr. Molnar seconded to adopt ORD. NO. 102-2010 and post same according to
law.
Roll call: Ayes: Barker, Miller, Molnar and Pilato
Nays: Engle, Martin
The motion carried, ORD. NO. 102-2011 adopted.
ORD. NO. 6 -2011

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Regular Council
February 10, 2011
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF MACEDONIA TO
REZONE APPROXIMATELY 12.67 ACRES OF LAND FROM “R-1” RESIDENCE DISTRICT
TO “R-SC” SENIOR CITIZEN RESIDENTIAL DISTRICT.SERVICES was offered by Mr. Martin
for its second reading by title only. Second not required.
Public Hearing relative to the above Thursday, February 24 at 7:15pm
Relative to ORD. NO. 6-2011, discussion was had why holding an election in May could be
considered a special election. And whether in fact § 10.03 of the Charter mandates that rezoning
issues be placed on the ballot only in November, when general elections are held and if a rezoning
issue has ever placed on the ballot in Macedonia at any time other than November and the possibly
of the developer paying for a special election. Discussed as well was Section 1 of Ordinance No. 6-
2011 in which it is stated that the total acreage of all parcels is 15.9. Minus 3.23 acres (B-1 zoning,
Center Pointe building and parking lot) equals 12.67, the actual number of acres to be rezoned
Regarding previous rezoning issues Clerk Arceci advised that according to Macedonia’s election
records they’ve only been on during times of general elections.
Assistant Law Director Hanculak interjected that the law department will looked in the matter in
greater detail.
RES. NO. 7 -2011
A RESOLUTION CONFIRMING THE APPOINTMENT OF MICHAEL JASKOLKA TO THE POSITION
OF FULL-TIME FIREFIGHTER. AN ORDINANCE PROVIDING FOR THE 2011 ANNUAL
APPROPRIATIONS was offered by Mr. Molnar for its first reading by title only. Second not
required
RES. NO. 8-2011
A RESOLUTION CONFIRMING THE APPOINTMENT OF CHASE ROSE TO THE POSITION OF
PART-TIME FIREFIGHTER. was offered by Mr. Molnar for its first reading by title only. Second
not required
RES. NO. 9-2011
A RESOLUTION CONFIRMING THE APPOINTMENT OF NICK KAMINSKY TO THE POSITION OF
PART-TIME FIREFIGHTER. was offered by Mr. Molnar for its first reading by title only. Second
not required
ORD. NO. 10-2011
AN EMERGENCY ORDINANCE APPOINING WILLIAM LUPICA TO THE VACANCY IN THE
POSITION OF FULL-TIME CUSTODIAN OF PUBLIC BUILDINGS/RECREATION CENTER was
offered by Mr. Pilato for its first reading by title only. Second not required
ORD. NO. 11 -2011
AN EMERGENCY ORDINANCE AGREEING TO CONTINUED PARTICIPATION WITH THE OHIO D
EPARTMENT OF TRANSPORATION WITH REGARDS TO THE HIGHLAND ROAD CROSSING OF
THE NORFOLK-SOUTHERN TRACKS FURTHER IDENTIFIED AS SUM-HIGHLAND ROAD
FEDERAL PROJECT NO. E070(887)-PID NO. 23064 was offered by Mr. Engle and moved Council
waive the requirement that it be read by title on three different days, and instructing the Clerk to
read it by title only for all three readings. Second by Mr. Barker.
Roll call: Ayes: Barker, Engle, Martin, Miller and, Molnar
Nays: None.
The motion carried.
Mr. Engle moved, Mr. Miller seconded to amend ORD. NO. 11-2011, the second whereas clause
by replacing the phrase “….any and all contracts….” with the phrase “…the attached contract.”
Roll call: Ayes: Barker, Engle, Martin, Miller and, Molnar
Nays: None.
The motion carried.
Mr. Engle moved, Mr. Molnar seconded, to adopt ORD. NO. 11-2011, as amended and post
same according to law.
Roll call: Ayes: Barker, Engle, Martin, Miller and, Molnar
Nays: None.
The motion carried, ORD. NO. 11-2011, adopted

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MOTIONS / OTHER LEGISLATIVE ACTION
Regular Council
February 10, 2011
~~~~Mr. Engle moved, Mr. Barker seconded, authorizing the Fire Chief to accept on behalf of
the City of Macedonia Fire Department a donation from Specialty Lubricants, 8300 Corporate
Drive, Macedonia, in the amount of Eight Thousand Five Hundred Seventy Five Dollars ($8,575)
for the express purpose of purchasing a 2009 Kawasaki Mule for use by the fire department
Roll call: Ayes: Barker, Engle, Martin, Miller, Molnar and Pilato
Nays: None
The motion carried
CORRESPONDENCE: None
MAYOR’S REPORT:
COMMITTEE REPORTS
“I would like to acknowledge our Interim Finance Director for her
commitment and her efforts to come to grips with our system and
our procedures. She is attempting and succeeding at accomplishing
a huge undertaking. We lose continuity with a change at such a
critical position as the Finance Director. I am urging Council to
consider having a Finance Director and a Deputy Finance Director
as soon as possible so that we never run into this again. The tough
part will be keeping that situation affordable.
We are still waiting to hear our year-end figures but so far it looks
like it will be the sixth year in a row for my Department Heads to
come in under budget. I would like to express my gratitude, in fact
all of the taxpayers gratitude, for finding ways to do more with
less. We have shaved $2.5 million dollars from our budget up to
this point since the end of 2008 and we still have the doors open
and giving services. I realize that there can be some slight lapses in
the efforts of my staff because of staff shortages.
This year already we have had our police department on TV
recently for drug busts they made two or three times and have had
a bank robber thinking he got away with something at Key Bank in
Macedonia. They are hot on his trail. Remember, this is being done
above and beyond the normal days work and with staff shortages.
Our Fire Department has had 30 more calls than this time last year.
They are still giving the best coverage possible in spite of staff
shortages. Our Service Department has faced snow on the ground
every day since early December working with staff shortages. Our
Building Department is handling one of the busiest areas regarding
new construction around, again being short staffed. Our Finance
Department was short staffed all year last year. Accomplishing
what they have done and continue to do is an amazing feat. This
feat can only be accomplished with giving 200% everyday. What a
wonderful work ethic considering giving up three years worth of
wage increases and other concessions to help to keep their City
going.
Please recognize the quality of the people working here. They
care.”
Finance Committee Mr. Engle announced that the second finance meeting of the year will be
held Tuesday February 8 at 7pm to continue discussion of the 2011 appropriation began at
Council’s January 25 finance meeting.
Parks & Recreation Commission Mr. Pilato announced that the Commission is looking for a
new day of the week to meet that is more convenient for the members. Mr. Pilato also announced
that there are two vacancies on the Commission and welcomed interested residents to apply.
Planning Commission Mr. Martin announced that Planning will meet Monday, January 31 to
entertain a proposal by Developers Diversified relative to the new ‘Dots’ sign at Macedonia

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Regular Council
February 10, 2011
Commons. In Mr. Martin’s opinion allowing the ‘Dots’ sign degrades the Commons and the
aesthetic value Planning imposed when the Commons during development
Mayor Kuchta interjected that Planning is trying to avoid a potential lawsuit because trademark
signage is protected under law. For Planning to deny ‘Dots’ sign would immediately result in
litigation the Mayor added.
Mr. Martin’s refuted the Mayor’s statement by saying the freedom of speech is different than the
freedom of commercial speech.
DEPARTMENT REPORTS
Service Department Mr. Crevar reported that service crews are cold patching when weather
permits. Street light outages need to be reported to Ohio Edison.
Building Commissioner Mr. Hlad’s 2010 end of year report is attached.
Engineer Mr. Fini had no report.
Recreation Department Ms. Gmerek reported that the parking lot lights of the Recreation
Center have been corrected. It was difficult to adjust the timing of the lights due to an older type
timing system Ms. Gmerek stated. On February 26 at 7pm the movie “Happy Feet” will be
played for “Dive-In Movie Night. Preregistration is required she added.
Finance Department Ms. Neiman had no report.
Fire Department Chief Black had no report.
Police Department Chief Golden reported that in the last several weeks Macedonia’s police
department has raided a residential meth lab, handled a bank robbery and confiscated 75lbs of
marijuana. The Chief sadly reported that in the last 24-hours, throughout Ohio 11 police officers
has lost their life..
Law Department Mr. Hanculak had no report.
Unfinished business None
New business None.
There being no further business the regular meeting of Council was adjourned at 8:50pm
Date Approved: _______________________________
Mayor:______________________________________
Donald Kuchta.
Attest:_______________________________________
Josephine Arceci
(Transcribed from recording)