City Council - Regular Meeting

Good evening. We're going to open our regular meeting this evening at 623 PM. We're now going to do the Pledge of Allegiance. Okay, roll call.

Mayor Biasciata. Present. Law Director Moore.

Present.

Finance Director Frank.

Here.

Councilman at Large, Elliot.

Here.

Councilwoman at Large, Kelly. Here. Councilman at Large, Costanzo.

Present.

Ward 1, Councilman Kiriasis.

Here.

Ward 2, Councilman Brian Kelly.

Present.

Ward 3, Councilman Snitsky. Present. Ward 4, Councilman Morrow.

Present.

Director of Public Service and Properties, Bryda.

Here.

Building Commissioner Manos. Here. To the engineer, Gerson.

Present. I'm going to move to amend this evening's agenda and waive the 24-hour rule and add ordinance number 31 as 8B and 36 as number 8D. And I'm also going to move the floor motion for the zoning variance to 3A.

Do I have a second? Costanza, second. All in favor? Yay. Any opposed?

We're now going to go to the reading and disposal of the journal. Councilman Snitsky? Mr. President. Councilman Snitsky.

Yes, Mr. President. Having read the council minutes for the meeting of July 14, 2026, I find no errors or omissions. Therefore, I move that they be approved as printed.

Curious as a second roll call. I mean, all in favor? Any opposed? We have no resolutions on condemnation this evening. And we are going to, like I just stated, we're going to move the floor motion zoning variance to 3A. So do I have Councilperson Snitsky?

Yes, sir. I'm going to have Councilperson Kelly, Stacey Kelly, first review the meeting. And then I'll go for the motion. Read it.

Read it first.

All right. Well, read it first. for motion 5670 Essex Drive, Frederick Leon Brumfeld. Board voted whether or not to grant the applicant Frederick Leon Brumfeld, property owner at 5670 Essex Drive, a 10 foot variance to ordinance number 919.03 H2, accessory use standards to allow the construction of a proposed 12 by 16 foot accessory building to be 20 foot from the side yard lot line as depicted in the submitted drawings. It was approved for, yay, zero nay. Go ahead, Ms. Kelly.

Thank you, Chairperson. This is in regards to the Zoning Board of Appeals meeting held on July 15th for resident applicant Frederick Brumfield at 5670 Essex Drive. This is in regards to a shed. The resident did contract someone to put in a gravel pad He has an oversized lot. However, where the pad is going, there is an easement for water drainage. And he knew he had to be 10 feet from that water drainage. However, the contractor that put the pad in erroneously moved it up an additional 10 feet. Now the resident initially paid a little over $2,100. for the pad. And one of the practical difficulties here is that if he was to move it back another 10 feet, that would cost him another $2,100. In addition to the cost, he has to be mindful of the easement. He has to stay a certain foot away from there. And the topography of the yard slopes down towards that drainage ditch. So what he is asking is for the 20-foot variance to remain where it is so he doesn't incur the extra cost. If I remember correctly, the engineer's comments, there were no objections to the location, no issues, and no residents were there in support or opposed of the variance request. were four out of five members president president of the zba and all four members voted in favor of the variance request thank you all right thank you very much uh council person kelly uh like to move for a vote now on this um

All in favor?

Second.

We've got to get a second first.

Stacey Kelly, second. OK. Thank you very much.

All in favor of the motion? Yay. Yay. All opposed? Motion passes.

OK. Thank you, Councilman Smitski. Thank you, Mr. Brunfell.

We have a word thank you for your help, and I really appreciate it.

Thank you. Thanks.

We now go to reports of committees, planning, zoning, and economic development. Councilman Snitsky.

Planning, zoning, and economic development met this evening. Minutes will be available as soon as I get time to do them. Next meeting is September 29th.

Thank you. Public Works, Council President Costanzo.

Thank you, Mr. President. My last meeting was on July 14th. The meeting minutes are on file. My next meeting is September 15th.

Thank you. Community Services, Councilperson Kelly.

Thank you, Mr. President. Our last meeting was July 14th. The minutes are on file with the clerk, and our next meeting is September 15th.

Thank you.

Police and Safety, Councilman Elliott. Thank you, Mr. President. Last meeting was held on July the 14th. Minutes are on file with the clerk. The next meeting will be held September the 15th.

Thank you. Parks and Recreation, Councilman Morrow.

Thank you, Mr. President. Our last meeting was tonight, July 28th. Meeting minutes have been submitted, and our next meeting will be on September 29th.

Thank you. Rules, Orders, and Ethics. Council, Brian Kelly.

Thank you, Council President. Last meeting was this evening. Minutes are pending. Next meeting is September 15th.

Thank you. Finance, civil service, and personnel last met this evening. Minutes are pending. Next meeting, September 15th. We have no appointments or confirmations this evening. No communications, petitions, or claims. Council open to the audience on legislation only. We now go to the reading of ordinances and resolutions, and now we go to the first reading of ordinance number 30-2026.

Mr. President. Councilman Morrow. I move to suspend the rules under our charter and read ordinance 30-2026 by title only for its first and final reading.

Brian Kelly, second.

All in favor? Yeah. Any opposed?

Ordinance number 30-2026, an ordinance approving and accepting the dedication plan of the Seven Hills Boulevard extension and declaring an emergency.

Is there a further motion? Mr. President. Councilman Morrow. I move to approve the emergency clause on the last section of ordinance 30-2026. Brian Kelly, second.

Roll call. All in favor? Yay. Any opposed? Is there a further motion?

Mr. President.

Councilman Morrow.

I move to pass ordinance 30-2026 as an emergency measure.

Brian Kelly, second.

All in favor? Yay. Any opposed? Ordinance number 30-2026 has passed. We now go to the first reading of ordinance number 31-2026. Mr. President. Councilman Elliott.

I move that we suspend the rules under the charter and read ordinance number 31-2026 by title only for its first and final reading.

Stacey Kelly, second.

All in favor? Any opposed?

An ordinance to appropriate an additional sum of $7,569 for a change order to ordinance number 14-2024 passed by Council February 27, 2024, which authorized the amount of $419,000 for the purchase of one Braun Super Chief on the Freightliner M2 ambulance with the pertinences for use in the fire department of the city of Seven Hills and declaring an emergency.

Is there a further motion? Mr. President.

Councilman Elliot. I move that we approve the emergency clause found on the last section of ordinance number 31-2026. Stacey Kelly second.

All in favor? Yes. Any opposed? Is there a further motion?

Mr. President. Councilman Elliott. I move that we pass ordinance number 31-2026 as an emergency measure.

Stacey Kelly second.

All in favor? Yes. Any opposed? Ordinance number 31-2026 has passed. We now go to the third reading of amended ordinance number 32-2026.

Mr. President. Council pro tempest stands up. I move to suspend rules under the charter and read amended ordinance 32-2026 by title only for its third and final reading.

Curioz is second. All in favor? Yeah. Any opposed?

Thank you. An ordinance authorizing the purchase of 3,920 tons of road salt, sodium chloride to the Joint Municipal Improvement Consortium and authorizing an amount not to exceed $279,888 for said purchase during the 2026-2027 winter season and declaring an emergency.

Is there a further motion? Mr. President. Council President Costanzo. I move to approve the emergency clause in Section 5 of AMENDED ORDINANCE 32-2026.

KURI AZA SECOND. ALL IN FAVOR? YAY. ANY OPPOSED? IS THERE A FURTHER MOTION? MR. PRESIDENT.

COUNCIL PROTEMPT COSTANZO. I MOVE TO PASS AMENDED ORDINANCE 32-2026 AS AN EMERGENCY MEASURE.

KURI AZA SECOND. ALL IN FAVOR? YAY. ANY OPPOSED? AMENDED ORDINANCE NUMBER 32-2026 HAS PASSED. WE NOW GO TO THE FIRST READING OF ORDINANCE NUMBER 36-2026. MR. PRESIDENT. COUNCILPERSON KELLY.

I move to suspend the rules of our charter and read ordinance number 36-2026 by title only for its first and final reading.

Ryan Kelly, second. All in favor? Any opposed?

An ordinance to amend subsection 137.04 compensation chief as contained in chapter 137 department of fire of title five administrative of part one administrative code of the codified ordinances of the city of Seven Hills, Ohio, for the purpose of amending the compensation of the fire chief and declaring an emergency.

Chair has a second. Is there a further motion?

Mr. President.

I mean, I mean, all in favor.

Yeah.

Any opposed? Is there a further motion?

Mr. President.

Council person Kelly.

I move to approve the emergency clause found in the last section of ordinance number 36-2026.

Brian Kelly, second. All in favor? Yeah. Any opposed? Is there a further motion?

Mr. President.

Council person Kelly.

I move to pass ordinance 36-2026 as an emergency measure.

Brian Kelly, second. All in favor? Yeah. Any opposed?

Ordinance number 36-2026 has passed. Council open to the audience. Reports and communications from the Mayor, Safety Director?

None this evening.

Thank you. Is there any reports from any of the Directors this evening? hearing none. We have a moral claim that needs to be done. Everybody received this at the last meeting. I'm going to give you a brief synopsis. One of our city employees was working over here behind City Hall. He was on the clock and there was a softball game going on and one of the softballs was foul tipped and went right to his windshield. So he is asking for. uh one thousand one thousand ninety nine dollars and uh two cents i have a statement here a memo from the mayor's office it says mr president yes yes the amounts one thousand fifty two and fifty oh okay there was a refund and i see that did you see it okay got it however hold on the the code limits it to one thousand so the reimbursement would be one thousand if it was so approved So 1,000, everybody hear that?

Correct.

So I'm going to read this. It says, a moral claim is something that can be debated or defended using ethical reasoning because it concerns what ought to be done or what is right or wrong. It is not a legal claim. Rather, it is a reason this process exists to allow a claim to be based on what ought to be morally or ethically as opposed to legally here are some facts about this claim the person is an employee of the city he was on the clock doing his assigned work at his assigned location he was parked in a city lot his windshield was damaged by activity by another approved city event baseball hillside diamond two i support this moral claim because i believe that as an employer we have both and moral moral and ethical responsibility to ensure them that an employee can perform his or her assigned duties without fear of having their property transportation damaged There is no other party involved, such as another car hitting the employee's vehicle. Therefore, if counsel does not feel we are morally obligated to cover this offense, the cost will fall on the employee. Anybody have any questions on this?

Yeah.

Councilman Snitsky?

What's this refund for, the $40-some-odd refund, 4644?

It tends to recede. The bill was $1,052, and for whatever reason, he paid $1,099, and his change was $40-some. It wasn't a refund. Oh, I see. It was his change. Like I said, the ordinance caps it at $1,000, and he was $150-plus out of pocket.

The other question I have is, did he ever file with his insurance company? Because most, like in my insurance, they have no deductible on glass. There usually is some type of a deductible, $500 or $1,000. We don't know that, do we?

No, I don't know that. But, you know, should his insurance take a ding? It's a more kind of ethical. Okay, well.

to say i can't hear you mark it has to be submitted to insurance mr snitsky this is a conundrum for me he's an employee he was on the clock i get that at the same time you know it should have been said there was insurance and know i don't want to set a precedent that if somebody hits a foul ball or a golf ball off a windshield that the city's morally potentially morally obligated to pay for it mr president mr if i could please council person kelly i would maybe perhaps suggest that we table this and give um

Does Mr. Zapatelli time to submit it to his insurance carrier? If that is what is required under our moral claim ordinance, that's what he needs to follow.

Mr. President.

Mr. President.

The mayor asks for a second.

I agree with Councilman Kelly, table, momentarily. Prior to us leaving today, I can get clarification. And it's by understanding that this memo was given to everyone on this day us at the last council meeting. So the fact that there, um, I'll leave it at that, that if insurance was a question by any member or anyone on the dais, um, we could have had that answer today had it been reviewed two weeks ago when it was submitted to everyone on the dais.

So, um,

That's what I'd recommend. Let's just table this momentarily, and if we can get this answered tonight, great. And if not, we'll deal with it in September.

Okay. Councilman Elliott.

For the record, I wasn't here, so I'm just receiving it today. So I did have a couple questions. One of them was if he's on the clock, why is he in his personal vehicle? What does he do for the city?

he's a part-time recreation employee and that evening he was assigned that he was running the bocce league okay at the same time the city has signed a baseball game at hillside two okay all right anything else that makes sense no okay i'm gonna move the table this uh momentarily do i have a second brian kelly second all in favor yeah yeah any opposed okay

Okay. I think that's all I have. I'm going to move to, uh, adjourn the executive session, uh, for personnel reasons at 6 40 PM. I'm going to do a roll call, uh, council clerk roll call vote.

Just stands out. Yes. Elliot. Yes. Stacy Kelly. Yes. Curious. Yes. Moro. Yes. Snitsky. Yes. Brian Kelly.

Yes.

Oh, where's Panette? Hold on. going to reconvene from uh executive session at 7 32 p.m we have uh miscellaneous comments from council council person kelly i have no comments thank you thank you councilman snitsky nothing this evening sir thank you councilman morrow yes um i'd like to extend my condolences to the city of north royalton and the building commissioner there it's just a tragedy

absolute tragedy over there so um just like adults is over there yeah and i i did i i was in touch uh with the building commissioner in north roylson about um just some issues i was trying to bring up in seven hills he

spent about a half hour talking to me about it so um that's all thanks thank you councilman elliot i have nothing this evening thank you councilman brian kelly nothing this evening thank you pro temp costanzo no comment and i have no comments i'm going to move to adjourn at 7 34 p.m do i have a second elliot's second all in favor yeah any opposed meeting adjourned