CITY OF ROCKY RIVER. November 28, 2016

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CITY OF ROCKY RIVER The Regular Meeting of Council was called to order by Mr. Moran, President of Council at 8:00 p.m. in the David J. Cook Council Chambers. Council Members Present: Mr. Hunt, Mr. O Donnell, Mr. Furry, Mr. Sindelar, Mr. Klym, Mr. Moran Absent: Mr. Shepherd Administration: Mayor Bobst, Mrs. Costello, Mr. Thomas Law Director: Mr. Bemer Press: Ms. Botos MOTION: Moved by Mr. Moran, seconded by Mr. O Donnell, that the reading of the minutes of the Committee-of-the-Whole Meeting and Executive Session of November 21st be waived, and that the minutes be accepted as submitted Vote: Hunt aye Shepherd absent O Donnell aye Mr. Furry - aye Sindelar aye Klym aye Moran aye 6 ayes 0 nays PASSED Moved by Mr. Moran, seconded by Mr. Furry, that the reading of the minutes of the Legislative Meeting of November 14th be waived, and that the minutes be accepted as submitted Vote: Hunt aye Shepherd absent O Donnell aye Mr. Furry - aye Sindelar aye Klym aye Moran aye 6 ayes 0 nays PASSED MAYOR S REPORT: The Mayor received a legislative bulletin from the Ohio Municipal League and the Cuyahoga Mayors and Managers Association, about a movement to eliminate local control of pole attachments, small cell wireless devices and other accessory equipment. It allows internet companies unrestricted access to not only municipal electrical infrastructure, but also all municipal structures capable of supporting wireless antennas. This would include street lights, stop signs, water towers, public right of way, and other public facilities. It would permit any entity who files the appropriate requests to ask for these wireless devices on any pole in the city. Page 1 of 12

Director Costello and Law Director Bemer have been dealing with these issues throughout the city. Director Costello stated there have been many requests, some being as tall as 120 feet. The Mayor stated there could be multiple companies who would want access to the same pole. The city has been able to put the poles in appropriate locations in the past, but the issue could get out of hand quickly. The legislation provides for any abandoned wireless facilities would be the responsibility of the municipality. The city would want the first right of refusal and have the entities remove their own equipment. There will be a new installation at Hilliard and Valley View. The city can work with the companies effectively, but it is concerning for the companies to have carte blanche within city right of ways. Mr. Bemer reported he and Director Costello had recently been to a meeting discussing the same topic. He stated the city cannot prohibit such utility use if they have their certificate of necessity however, they can regulate. That is something that is first and foremost in the city s focus. The Mayor stated that permits and fees can be a part of regulation. Some communities have been very aggressive with the fees. Mr. Sindelar asked which companies were interested in doing this type of work. Mr. Bemer stated that AT&T and Sprint are two of the companies. There are ways to work with these companies. The Mayor has reached out to Representative Nan Baker and will reach out to Senator Tom Patton so this issue does not get attached to any current legislation that will pass before the end of the year. Mr. O Donnell asked if there was any sense of what type of support the House was giving for this type of amendment. Leaf pick up continues. They are back into Zone 1 and are through Zone 3. That is their third pass through the city. The Mayor wants to reiterate that residents are not to put their leaves in the street. It causes a lot of issues. There is no final pick up date, but the leaf machines will stay out while there are still leaves and there has been no snow accumulation. Sewer billing will be going out shortly. They are due at the end of December for the past quarter. Cleveland Water is transitioning to monthly water billing. Rocky River s sewer bill will continue to be sent on a quarterly basis. The Mayor wanted to publicly congratulate Magnificat High School s varsity tennis team for being the Division 1 State Champions. There will be signage going up to acknowledge their accomplishments and dedication. A big thank you to the parents, coaches and educators who helped make it all happen. There will be many weekend activities. Friday, December 2, the All Aglow Tree Lighting ceremony will start at 6pm at City Hall. Refreshments, crafts and pictures with Santa will follow at the Senior Center. Saturday, December 3, the Holiday Walk will start at 11am. There will be free horse-drawn carriage rides, face painting, historical walking tours, and ice sculptures. Luminary kits will be available from the Beautification Committee. The high school choir and brass band will be playing. Photos with the Grinch and Santa will also be available. Sunday, December 4, will be the Home Tour featuring six homes, sponsored by the Rocky Page 2 of 12

River Women s Club. Saturday, December 17, there will be a Santa Skate at the ice rink. Sunday, December 18, will be Light Up River at 6:30pm. The Directors are ready to meet for the Budget Agenda on December 2, starting at 8am. LAW DIRECTOR S REPORT: NONE COMMITTEE REPORTS: Finance Committee: President Moran stated that on Friday, December 2 from 8:00am-12:15pm, he will have the opportunity to meet with the various Directors within the City to discuss the 2017 Budget. Mr. Moran will meet with Director Thomas regarding Finance at 8am, Mr. Klym will meet with Director Mehling regarding Recreation at 8:30am, Mr. O Donnell will meet with Judge Fitzsimmons, Judge Hagan, and Mrs. Comery regarding the Courts at 9am, Mr. Furry will meet with Director Rosemark regarding the Wastewater Treatment Plant at 9:30am, Mr. Sindelar will meet with Director Huff regarding the Senior Center at 10:15am, Mr. Hunt will meet with Chief Stillman regarding Police at 10:45, Mr. Shepherd will meet with Director Costello and Commissioner Reyes regarding Capital Projects & Equipment Purchases: Service Division at 11:15am, and Mr. Hunt will meet with Chief Lenart regarding Fire at 11:45am. COMMUNICATION AND ANNOUNCEMENTS: NONE PUBLIC COMMENT: NONE UNFINISHED BUSINESS: AMENDED ORDINANCE NO. 26-16: BY: BRIAN J. SINDELAR AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR S PERMANENT PARCEL NOS. 302-01-007, FROM ITS PRESENT CLASSIFICATION OF R-1 SINGLE FAMILY TO R-4 MULTI- FAMILY, IN ITS ENTIRETY, AS FURTHER DESCRIBED IN EXHIBIT A ON HOLD Councilman Sindelar said that he would not be calling the Ordinance for a vote. He received communication from Councilman Shepherd that he would prefer to be present for a vote. Sindelar intends to call this to a vote at the next legislative meeting on December 12. Page 3 of 12

ORDINANCE NO. 53-16 BY: BRIAN J. SINDELAR AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ROCKY RIVER PRESERVATION PARTNERS, LLC FOR THE PROPERTY LOCATED AT 22732 LAKE ROAD, PERMANENT PARCEL NO. 302-01-007 ON HOLD See discussion of Amended Ordinance 26-16. ORDINANCE NO. 66-16 BY: JAMES W. MORAN AN EMERGENCY ORDINANCE TO MAKE APPROPRIATIONS FOR THE CURRENT EXPENSES OF THE CITY OF ROCKY RIVER, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2017 2nd READING This project is better known as the outline for the City s budget spending in 2017. Mr. Moran thanked the Mayor and Director Thomas for putting the book together. It will be a great guide for 2017. ORDINANCE NO. 67-16 BY: JAMES W. MORAN AN EMERGENCY ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE CITY OF CLEVELAND DIVISION OF WATER FOR A PROJECT REIMBURSEMENT FOR THE 2015 WATER MAIN REPLACEMENT PROJECT IN THE AMOUNT OF $75,103.23 2nd READING This was the project involving Falmouth, Morewood and Northview. This is the part the City needs to pay back. This will have three full reads. The Mayor stated this is a reimbursement back to the Division of Water. They forward the dollars to the City, the project came in under budget, and the City is refunding the unspent balance to the Cleveland Division of Water. ORDINANCE NO. 68-16 AN ORDINANCE AUTHORIZING THE MAYOR AND SAFETY-SERVICE DIRECTOR TO RENEW AN AGREEMENT WITH FABRIZI TRUCKING & PAVING CO., INC. FOR THE EMERGENCY REPAIR OF STREETS AND STORM AND SANITARY SEWERS WITHIN THE CITY OF ROCKY RIVER AT A COST NOT TO EXCEED $90,000.00 AS FURTHER DESCRIBED IN EXHIBIT A This is an ordinance that is used when the depths of the repairs are over 14 feet. This will have three full reads. Page 4 of 12

ORDINANCE NO. 69-16 AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER ITO AN AGREEMENT WITH AECOM FOR THE RIVERDALE DRIVE TECHNICAL ROAD ANALYSIS AND PUMP STATION SEWER SYSTEM STUDY IN AN AMOUNT NOT TO EXCEED $64,016.00 This ordinance is the study to check the condition of the soil erosion and slopes on Riverdale, widening the road and for safety improvements. There will also be an analysis of the pump station to see if it can be redirected to the t-track on Lake Road. Director Costello said there is a lot of work to be done. This will have three full reads. ORDINANCE NO. 70-16 AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO AGREE TO RENEW A CONTRACT FOR VARIOUS INSURANCE COVERAGES FOR THE CITY OF ROCKY RIVER WITH McGOWAN INSURANCE COMPANY FOR THE YEAR 2017 AT A TOTAL COST OF $178,157.00 This is a renew contract on insurance coverages for the city. The city is renewing at a price increase of less than 1%. This will have three full reads. ORDINANCE NO. 71-16 AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO AGREE TO RENEW A CONTRACT FOR VARIOUS INSURANCE COVERAGES FOR THE ROCKY RIVER MUNICIPAL COURT WITH JACKSON DIEKEN & ASSOCIATES FOR THE YEAR 2017 AT A TOTAL COST OF $11,095.00 This is another annual ordinance and comes out of the Court s budget. This insurance company has kept the increase at less than 1%. This policy covers all the insurance for the Court House. This will also have three full reads. Page 5 of 12

ORDINANCE NO 72-16 AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR AND THE DIRECTOR OF PUBLIC SAFETY-SERVICE TO AGREE TO RENEW A CONTRACT FOR VARIOUS INSURANCE COVERAGES FOR THE ROCKY RIVER WASTE WATER TREATMENT PLANT WITH McGOWAN INSURANCE COMPANY FOR THE YEAR 2017 AT A TOTAL COST OF $66,609.00 This insurance policy did have an increase, but that was due to very expensive, new equipment. This policy is being renewed at just over 2% this year. This will have three full reads. ORDINANCE NO. 73-16 BY: THOMAS J. HUNT AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH RICHARD L. BOWEN AND ASSOCIATES, INC. FOR THE ROCKY RIVER POLICE DIVISION NEEDS ASSESSMENT IN AN AMOUNT NOT TO EXCEED $40,000.00 This ordinance deals with the needs of the Police Department and their renovations. This will have three full reads. ORDINANCE NO. 74-16 BY: BRIAN J. SINDELAR AN ORDINANCE TO CHANGE THE DISTRICT CLASSIFICATION OF CERTAIN REAL PROPERTY KNOWN AS AUDITOR S PERMANENT PARCEL NOS. 301-32-099, 301-32-100, 301-32-101, AND 301-32-102 FROM THEIR PRESENT CLASSIFICATION OF R-1 SINGLE FAMILY TO R-3 SINGLE FAMILY ATTACHED, IN THEIR ENTIRETY, AS FURTHER DESCRIBED IN EXHIBIT A ON HOLD This ordinance has been referred to the Planning Commission. We are still awaiting their review. Once they make their recommendation, there will be two more reads, and two weeks of discussions. NEW BUSINESS: ORDINANCE NO. 75-16 BY: JAMES W. MORAN AN EMERGENCY ORDINANCE CREATING POSITIONS AND FIXING OR ESTABLISHING THE ANNUAL SALARIES AND HOURLY RATES COMMENCING JANUARY 1, 2017 FOR THE APPOINTED EMPLOYEES IN THE SEVERAL DIVISIONS AND DEPARTMENTS OF THE CITY OF ROCKY RIVER Page 6 of 12

This ordinance allows for a small increase in salaries in 2017. These are salaries not to exceed numbers. This will have three full reads. ORDINANCE NO. 76-16 BY: THOMAS J. HUNT AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO CONTRACTS WITH MEDICAL MUTUAL OF OHIO TO PROVIDE HEALTH CARE, PRESCRIPTION INSURANCE COVERAGE, AND OPTIONAL VISION COVERAGE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF ROCKY RIVER, AS FURTHER DESCRIBED IN EXHIBIT A This ordinance is part of the full-time employee benefit package. Questions and/or concerns will be discussed at next week s meeting. This will have three full reads. ORDINANCE NO. 77-16 BY: THOMAS J. HUNT AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH DEARBORN NATIONAL LIFE INSURANCE CO. TO PROVIDE LIFE INSURANCE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF ROCKY RIVER, AS FURTHER DESCRIBED IN EXHIBIT A This ordinance is for the life insurance component of the full-time employee benefit package. Questions and/or concerns will be discussed at next week s meeting. This will have three full reads. ORDINANCE NO. 78-16 BY: THOMAS J. HUNT AN EMERGENCY ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH DELTA DENTAL TO PROVIDE DENTAL COVERAGE FOR THE FULL-TIME EMPLOYEES OF THE CITY OF ROCKY RIVER, AS FURTHER DESCRIBED IN EXHIBIT A This ordinance is for the dental component of the full-time employee benefit package. Questions and/or concerns will be discussed at next week s meeting. This will have three full reads. ORDINANCE NO. 79-16 BY: JAMES W. MORAN AN ORDINANCE TO AMEND SECTIONS 1321.01, 1321.02, 1321.03, 1321.04, 1321.05, AND 1371.05 OF THE CODIFIED ORDINANCES OF THE CITY OF ROCKY RIVER, CONCERNING PERMIT, INSPECTION AND LICENSE FEES Mr. Moran had an opportunity to talk to Building Director Ray Reich. This ordinance is an update on some of the building permits and fees. This is an outline of what building inspectors do, and what the fees are for inspections. There are some fee increases and some decreases. Page 7 of 12

Mr. Klym asked if there were comparison tables available. Mr. Reich has made comparisons to other surrounding communities. The challenge has been that some of the fees have not been updated in a very long time. Trying to adjust those has been difficult. The proposed fees are comparable to those in surrounding communities so the city can stay competitive. MISCELLANEOUS BUSINESS: Mr. Sindelar wanted to introduce Gabe Harmath who was in attendance at the meeting. Mr. Sindelar had the pleasure of sitting down with Gabe to discuss obligations and rights of citizens. He was accompanied by his mother, Liz, who is one of the most engaging Rocky River citizens. Gabe is following his mother s path of good leadership. Gabe is part of Boy Scout Troop 194. His sister Mel Harmath was also in attendance. PUBLIC COMMENT: NONE The meeting was adjourned at 8:40pm. James W. Moran President of Council Jane P. Reich Acting Clerk of Council Page 8 of 12