COUNCIL OF THE CITY OF BRECKSVILLE

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HELD A_U_G_U_S_T_l_5_,2_0_1_7 _ Page 1 Council was CALLED TO ORDER in Regular Session by Council President Greg CALL TO Skaljac at 8:00 P.M. in Ralph W. Biggs Council Chambers. ORDER Following the PLEDGE OF ALLEGIANCE, members of Council answered to PLEDGE OF ROLL CALL as follows: ALLEGIANCE Members Present: G. Broski, L. Carouse, Jr., M. Harwood, L. Redinger, G. Skaljac, K. Veras. ROLLCALL Members Absent: Murphy. Others Present: Mayor Jerry N. Hruby, Law Director D. Matty, Assist. Law Director S. DiGeronimo, Engineer G. Wise, Finance Director V. Price, B.I. Steve Synek, Service Director R. Weidig, Purchasing Director R. Riser, Fire ChiefN. Zamiska, Police Lt. Johnson, Recreation Director T. Tupa, Council Clerk T. Tabor. MINUTES OF THE AUGUST 1, 2017 REGULAR MEETING: Motion by REGULAR Carouse, seconded by Redinger, to dispense with the reading ofthe August 1,2017 regular MEETING meeting minutes and to accept same as presented. MINUTES OF Ayes: Broski, Carouse, Harwood, Redinger, Skaljac, Veras, 8-1-2017 APPROVED PRESENTATION OF 2017 BEAUTIFICATION AWARDS: Council President 2017 Skaljac said the Beatification awards are an annual event that city officials look forward to. BEAUTIFI Beautification Committee member Jane Zawacki presented plaques to the following 2017 CATION winners: Jim and Connie Sutter, 6981 Chapel Hill Dr.; Monica D. Lukas, 9054 Highland AWARD Dr., Gregory and Audrey Prinzbach, 8577 Settlers Passage. WINNERS Mayor Hruby congratulated the winners ofthe 2017 Beautification Award. Mayor Hruby thanked the Beautification Committee for their work throughout the City onbehalfof the Administration, Horticulture and Service Departments. The volunteers on the Beautification Committee work to make Brecksville a beautiful community. RESOLUTION 4773 Re: authorizing the Mayor to enter into a Memorandum of RES. 4773 Understanding between the cities of Brecksville and Broadview Heights ("Community AUTHORIZE Health and Human Services Department and Senior Center") for the administration offunds MAYOR TO awarded through the FY 2018 Creative Aging Ohio Grant through The Ohio Arts Council, ENTER MOU and declaring an emergency, was read by title. BETWEEN Motionby Broski, seconded by Harwood, to suspend the rules and place Resolution BRECKS- 4773 on third and final reading. VILLE AND BROADVIEW HEIGHTS RE: 2018 OHIO Motion by Redinger, seconded by Carouse, to pass Resolution 4773. ARTS COUNCIL CREATIVE AGING OHIO GRANT PROGRAM

HELD A_U_G_U_S_T_1_5.:-,2_0_1_7 _ Page 2 RESOLUTION 4774 Re: authorizing the Mayor to enter into a Delinquent Debt RES. 4774 Collection Agreement with the Ohio Attorney General, and declaring an emergency, was DELINQUENT read by title. DEBT Motion by Broski, seconded by Harwood, to suspend the rules and place Resolution COLLECTION 4774 on third and final reading. AGREEMENT WITH THE OHIO ATTORNEY Motion by Redinger, seconded by Carouse, to pass Resolution 4774. GENERAL RESOLUTION 4775 Re: authorizing the Mayor to enter into a Second RES. 4775 Amendment to the Billing Services Agreement with Great Lakes Billing Associates, Inc., GREAT and declaring an emergency was read by title. LAKES Motion by Harwood, seconded by Veras, to suspend the rules and place Resolution BILLING 4775 on third and final reading. ASSOCIATES, INC. BILLING AGREEMENT Motion by Redinger, seconded by Carouse, to pass Resolution 4775. SECOND AMENDMENT ORDINANCE 5097 Re: authorizing the Mayor to Execute an agreement with ORD. 5097 Codesummit, LLC concerning the granting by the City of certain incentives to create and AGREEMENT preserve jobs within the City ofbrecksville, and declaring an emergency, was read by title. WITH Motion by Broski, seconded by Harwood, to suspend the rules and place Ordinance CODESUMMIT 5097 on third and final reading. INC. MotionbyRedinger, seconded by Carouse, to pass Ordinance 5097. ORDINANCE 5098 Re: accepting the bid of LIVE! Technologies, LLC for the ORD. 5098 Brecksville Old Town Hall Lighting Improvements Project, and declaring an emergency, OLD TOWN was read by title. HALL Motion by Harwood, seconded by Broski, to suspend the rules and place Ordinance LIGHTING 5098 on third and final reading. IMPROVE- MENTS PROJECT BID LIVE! Motion by Redinger, seconded by Carouse, to pass Ordinance 5098. TECHNOLO- GIES

HELD A_U_G_U_S_T_l_5_,2_0_1_7 _ Page 3 BOARD OF ZONING APPEALS: Councilmember Veras reported the Board of BD. OF Zoning Appeals met on August 7 th and three items have been recommended for Council ZONING consideration. APPEALS APPEAL 2017-26: Motion by Veras, Seconded by Broski, to accept the Board of APPEAL Zoning Appeals recommendation to approve a variance from Section l181.ll(a) maximum 2017-26 VAR. overall height of40 ft. to allow 4l.75ft. and 2) a variance from Section 118l.ll(a) maximum TO BUILDING building height of 30 ft. to allow 32.5 ft. and (3) a variance from Section 1181.11(a) HEIGHT AT maximum roof area over 30 ft. is limited to 30% of ground floor to allow 33% located at 6785 6785 Rivercrest Dr., PP# 601-04-003. RIVERCREST DR. APPEAL 2017-28: Motion by Veras, seconded by Harwood, to accept the Board of APPEAL Zoning Appeals recommendation to approve a variance for (1) a variance from Section 2017-28 VAR. 1183.05(b) minimum 40 parking spaces required to allow 14 parking spaces, and (2) a TO BUILDING variance from Section 1157.29(c)(l) minimum required 50 ft. building side yard setback, to SETBACKS allow a 31.25 ft. side yard setback on the north side, and (3) a variance from Section AND 1157.29(c)(l) minimum required 50 ft. building side yard setback to allow an 18 ft. side yard DRIVEWAY setback on the south side, and (4) a variance from 1157.29(c)(2) minimum required 25 ft. AND side yard parking and driveway setback to allow 0 ft. setback on the north and south sides PARKING located at 10133 Brecksville Road, PP# 605-14-005. SPACES AND Ayes: Broski, Carouse, Harwood, Redinger, Veras. SETBACKS Nays: Skaljac. MOTION CARRIED 5-AYES, I-NAYS. APPEAL 2017-29: Motion by Veras, seconded by Broski, to accept the Board of APPEAL Zoning Appeals recommendation to approve a variance from Section 1326.02 to install a 2017-29 VAR. generator on the side ofthe house instead ofthe rear as required by code located at 2613 TO INSTALL A Hidden Canyon Drive, PP# 605-11-024. GENERATOR IN A SIDE YARD AT 2613 HIDDEN CANYON DR. PLANNING COMMISSION: Council Representative Harwood reported the next PLANNING meeting ofthe Planning Commission is scheduled for August 24,2017 at 7:00 P.M. COMMISSION RECREATION COMMISSION: Councilmember Redinger reported that the next RECREATION meeting ofthe Recreation Committee is August 28 th at 7:30 P.M. COMMISSION DEPARTMENT OF HUMAN : No Report DEPT. OF HUMAN TELECOMMUNICATIONS COMMISSION. Council Representative Broski TELECOMMreported the Telecommunications Commission met on August 14, 2017. Broski said no UNICATION complaints were received by the Commission. An explanation from AT&T was given COMMISSION regarding the decline in franchise fees paid to the City. Direct TV has caused a loss of franchise fees to the City and U-Verse television will no longer be available to Brecksville residents. AT & T projects that the City will gain additional revenue when the purchase of Time Warner is complete and the pay-per-view option is available to residents.

HELD --:...:-A:...::.U-=G-=U-=S:...::.T-=1--'5,'--2_0_17 _ Page 4 SAFETY-SERVICE COMMITTEE: Councilmember Veras reported the Safety- SAFETY- Service Committee met earlier this evening and has one item for Council consideration. SERVICE Motion by Veras, seconded by Broski, to approve a Purchase Requisition to Valley AMBULANCE Fordin the amountof$4,627.24 for repairs to Ambulance #152. Account #290260 2602. #152 REPAIRS VALLEY FORD STREETS & SIDEWALKS COMMITTEE: Councilmember Broski reported the STREETS & Streets and Sidewalks Committee met earlier this evening and received a report from SIDEWALKS Engineer Wise regarding the Chippewa Bridge Project and the S.R.82 Pavement Improvement Project. Service Director Weidig provided the Committee with an update on the status ofthe pavingofbrecksville Road in front ofthe Jennings Center. UTILITIES COMMITTEE: Councilmember Carouse reported the Utilities UTILITIES Committee met earlier this evening and has no other items for Council consideration today. COMMITTEE BUILDINGS & GROUNDS COMMITTEE: Councilmember Harwood thanked BUILDINGS & Council for the passage of an Ordinance for bid acceptance for the Lighting Improvements GROUNDS Project at Old Town Hall. Councilmember Harwood reported the Buildings & Grounds COMMITTEE Committee met earlier this evening and has three items for Council consideration. Motion by Harwood, seconded by Broski, to approve a BlanketVendor Purchase COMMUNITY Requisition for renovations to the Brecksville Community Center Meeting Rooms in the CENTER amount of $15,101.14 for replacement wall covering, installation and painting services. MEETING Account #C240710 3202 ROOMS WALL COVERING & PAINTING Motion by Harwood, seconded by Veras, to approve a Blanket Vendor Purchase CITY HALL Requisition in the amount of$3,596.77 for supplies and materials needed to replace the heat HEAT TRACE trace freeze protection system on the chiller piping at City Hall. Account #110166 2604. FREEZE PROTECT. SYSTEM ON CHILLER Motion by Harwood, seconded by Broski, to approve a Purchase Requisition in the COMMUNITY amount of$3800.00 to Ohio Flooring Company for the screening ofthe Community Center CENTER Fieldhouse Floor. Account #2407102603. FIELDHOUSE FLOOR SCREENING LEGISLATION COMMITTEE: No Report LEGISLATION COMMITTEE FINANCE COMMITTEE: Councilmember Redinger reported the Finance FINANCE Committee met earlier this evening and has one item for Council consideration. COMMITTEE

HELD A_U_G_U_S_T_l_5,_2_0_17 _ Page 5 Motion by Redinger, seconded by Carouse, to approve a Blanket Vendor Purchase 25 TH Requisition in the amount of $5,500.00 for expenses related to the 25 th Anniversary of the ANNIVERS- Community Center celebration week events. Account #110150 2410. ARY OF THE COMMUNITY CENTER REPORT OF LAW DIRECTOR: Law Director Matty reported that the City's LAW motion for summary judgement will be filed on Monday August 21 5t jointly with the City of Cleveland for the Wireless Facility Case that is being heard by Judge Steven Gaul. The State of Ohio has 30 days to respond. Brecksville will expect an entry for summary judgement from Judge Gaul at that time. REPORT OF ENGINEER: No Report REPORT OF FINANCE DIRECTOR: No Report REPORT OF BUILDING DEPARTMENT: No Report REPORT OF SERVICE DIRECTOR: No Report REPORT OF PURCHASING DIRECTOR: No Report REPORT OF POLICE DEPARTMENT: No Report ENGINEER FINANCE BUILD. DEPT. SERVICE PURCHASING POLICE REPORT OF FIRE DEPARTMENT: Fire ChiefZamiska thanked Council for the FIRE approval for repairs to be made to Ambulance #152. REPORT OF RECREATION DEPARTMENT: No Report RECREATION REPORT OF THE MAYOR: Mayor Hruby reported Monday August 21st at 5:00 MAYOR P.M. there will be a ground breaking event for the Police Station at the site ofthe new facility on Brecksville Rd. All are welcome to attend. Mayor Hruby said there will be two ceremonies commemorating the 25 th Anniversary of the Community Center on September 23 rd and September 26 th Events will take place during that week as well to celebrate the anniversary ofthe facility. COMMENTS: No Comments P.M. Motion by Skaljac, seconded by Carouse, to adjourn the regular meeting at 8:22 REGULAR MEETING ADJOURNED A ~ """~ COUNCIL