Regular Meeting Minutes

MINUTES OF THE REGULAR MEETING OF THE AVON LAKE CITY COUNCIL JANUARY 12, 2026 The regular meeting of the Avon Lake City Council was called to order on January 12, 2026, at 7 p.m. in the Council Chamber with Council President Smith presiding. American Legion Post 211 Commander Len Lieber led Council, staff, and the public in the Pledge of Allegiance. Present: Councilmembers Jennifer Fenderbosch, Amy Gentry, Kayla Goodwin, David Kos, Matthew Reynolds, Rob Shahmir, and Geoff Smith; Mayor Mark Spaetzel; Law Director Gary Ebert; Finance Director Beth Krosse; Public Works Director Jon Liskovec; and Clerk of Council Valerie Rosmarin. MOTION Mrs. Fenderbosch moved to add public input to the agenda. Yes: Gentry, Goodwin, Kos, Reynolds, Shahmir, Smith, Fenderbosch No: None Motion passed. PUBLIC INPUT 1. William Zimmerman, Avon Lake, addressed Council, alleging that the meeting agenda was not posted online at least seventy-two hours before the meeting. He stated that resident Gerald Phillips had notified several individuals, including Council President Smith and Clerk Rosmarin, and asserted that the agenda was not posted until approximately thirty-six hours before the meeting. He further contended that, as a result, the meeting was not official. Council President Smith responded that, to his knowledge, the agenda had been posted and stated that he had not received an email from Mr. Phillips. Clerk Rosmarin explained that she received an email from Mr. Phillips at 3:46 a.m. on January 11, 2026, alleging that the agenda was not available on the City’s website. Upon checking the website, she confirmed that the agenda had been available online and advised Mr. Phillips and provided instructions on how to access it on the website. She added that she verified the agenda had been posted on Friday afternoon at the conclusion of her workday. Clerk Rosmarin contacted the City’s website provider, Emerge, which verified that the agenda had been posted on Friday, January 9, 2026, at 4:30 p.m. Mr. Zimmerman expressed his belief that the meeting should not be held,

January 12, 2026, Council Meeting 2 stating that he did not believe both he and Mr. Phillips could have missed the agenda being posted. He indicated that he was confused about City processes and maintained his belief that the agenda was not posted on time. Mr. Zimmerman further alleged that the recently terminated Fire Chief, Jeremy Betsa, was being used as a scapegoat regarding Cleveland Communications, Inc.(CCI), which is involved in litigation with the Lorain County Commissioners over the Harris Communications System. He speculated, without substantiation, that Mr. Betsa had been terminated due to his support of the CCI system, which the Lorain County Commissioners rejected. Council President Smith responded that Mr. Betsa has options for appeal available through the Civil Service Commission, that an appeal has been filed, and that Council will await the Commission’s determination. APPROVAL OF MINUTES The minutes of the rescheduled Council Meeting held December 15, 2025, and the Organizational Meeting held January 2, 2026, were approved as prepared and published. CORRESPONDENCE The following correspondence or communications were received: 1. Mrs. Fenderbosch reported that residents on Orchard Park Drive asked her why sewer pipes were on their tree lawn. After making inquiries, she learned that Avon Lake Regional Water (ALRW) will begin replacing water lines starting January 19, 2026. Other residents contacted her to express concerns regarding the number of deteriorating streets in the City, and she forwarded those concerns to Public Works Director Liskovec. She stated that she was informed that some of the streets identified would be included in the list of streets to be considered for replacement. 2. Mr. Shahmir stated that several residents contacted him regarding the construction traffic traveling on Liberty Road Drive and Handford Boulevard. He forwarded those emails and videos to Public Works Director Liskovec. He also received communications from residents about the proposed tax increase, its structure, and how the tax would be utilized to fix the roads. MAYOR’S REPORT Mayor Spaetzel reported on the following:

January 12, 2026, Council Meeting 3 During the previous week, the City experienced a warm winter day, and Mayor Spaetzel noticed many vehicles parked at Bleser Park. He stated that children were using the new Avon Lake Play Space (ALPS). After speaking with parents, he received many positive comments and described the activity as a preview of what can be expected this spring. Mayor Spaetzel also responded to allegations raised by Mr. Zimmerman during the public input portion of the agenda. Mayor Spaetzel reiterated that he continues to support the City’s current radio system provided by Cleveland Communications, Inc. (CCI), and stated that the matter with the Lorain County Commissioners is unrelated to Mr. Betsa. Regarding construction vehicles traveling on Liberty Road Drive and Handford Boulevard, Mayor Spaetzel also received information concerning those occurrences and forwarded it to the Police Department. He added that he would contact Pulte Homes and Kopf Builders the following day. PUBLIC WORKS DIRECTOR’S REPORT Public Works Director Liskovec reported on the following: 1. Leaf Collection Crews are continuing leaf collection and are currently in the zone between Jaycox Road and SR 83. The City website lists their location, which is updated daily. They have also begun collecting Christmas trees; other crews have been assigned to patch potholes. 2. Deer Culling Program The United States Department of Agriculture has completed this season’s Deer Culling Program. Initially, 40 tags were issued. Based on field observations and historical data, the City requested and received an additional 10 tags, all of which were fulfilled within 24 hours. The final report will be shared upon receipt. Mr. Shahmir asked when data regarding the closed landfill would be received and what information had been requested by the Ohio Environmental Protection Agency (EPA). Public Works Director Liskovec responded that he anticipates receiving the information within the next one to two weeks. BUILDING AND UTILITIES COMMITTEE REPORT Ms. Gentry reported on the Building and Utilities Committee as follows: 1. The next Committee meeting will be held as part of the Collective Committee Meeting on Monday, January 26, 2026, at 7 p.m. in the Council Chamber.

January 12, 2026, Council Meeting 4 ECONOMIC DEVELOPMENT COMMITTEE REPORT Mr. Shahmir reported on the Economic Development Committee as follows: 1. The next Committee meeting will be held on Monday, January 26, 2026, at 6 p.m. in the Council Chamber. ENVIRONMENTAL COMMITTEE REPORT Mrs. Goodwin reported on the Environmental Committee as follows: 1. The Environmental Affairs Advisory Board met on January 6, 2026. 2. The next Committee meeting will be held as part of the Collective Committee Meeting on Monday, January 26, 2026, at 7 p.m. in the Council Chamber. FINANCE COMMITTEE REPORT Council President Smith reported on the Finance Committee as follows: 1. Suspension of the rule requiring three readings on an emergency basis will be requested for Resolution No. 26-3, authorizing the disposal of City property; Resolution No. 26-4, authorizing participation in various cooperative purchase programs; and Ordinance No. 26-5, authorizing the Mayor to enter into a purchase agreement and assignment of lease for 33424 Lake Road. PUBLIC SAFETY AND HEALTH COMMITTEE REPORT Mr. Kos reported on the Public Safety and Health Committee as follows: 1. The next Committee meeting is Wednesday, January 21, 2026, at 6 p.m. in the Council Chamber. PUBLIC SERVICE COMMITTEE REPORT Mrs. Fenderbosch reported on the Public Service Committee as follows: 1. The next Committee meeting is Wednesday, February 4, 2026, at 5:30 p.m. in the Council Chamber. TREE COMMISSION REPORT Mrs. Fenderbosch reported on the Tree Commission as follows: 1. The next Commission meeting is Wednesday, January 14, 2026, at 6 p.m. at the Old Firehouse and Community Center.

January 12, 2026, Council Meeting 5 LEGISLATION Second Reading: Resolution No. 26-2, A RESOLUTION DECLARING THE NECESSITY OF AN ELECTION ON THE QUESTION OF APPROVING THE PASSAGE OF AN ORDINANCE AMENDING SECTIONS 886.01, 886.03, 886.04 AND 886.06 OF THE CITY’S CODIFIED ORDINANCES TO PROVIDE FOR THE LEVY OF AN ADDITIONAL 0.40% INCOME TAX, FOR FIVE YEARS, COMMENCING JANUARY 1, 2027, TO PROVIDE FUNDS FOR THE PURPOSE OF PAYING COSTS OF (i) MAINTAINING, REPAIRING AND IMPROVING CITY STREETS BY CONSTRUCTING, RECONSTRUCTING, WIDENING, GRADING, DRAINING, CURBING, PAVING AND EXTENDING STREETS AND RELATED BRIDGES, AND (ii) CONSTRUCTING STORM SEWERS AND RELATED DRAINAGE IMPROVEMENTS, INSTALLING TRAFFIC SIGNALS AND SIGNALIZATION, AND ACQUIRING VEHICLES AND EQUIPMENT FOR CITY DEPARTMENTS AND FUNCTIONS, INCLUDING DEBT CHARGES ON CITY NOTES, BONDS OR OTHER OBLIGATIONS ISSUED FOR THOSE PURPOSES, AND DECLARING AN EMERGENCY, was read by title only. This legislation will place a question on the May 5, 2026, ballot asking voters to approve a temporary 0.40% municipal income tax increase. If approved, the income tax rate would increase from 1.50% to 1.90% for five years, beginning January 1, 2027. The additional revenue would be used to fund critical City infrastructure needs, including street and bridge improvements, stormwater and drainage projects, traffic infrastructure, and necessary vehicles and equipment for City operations, as well as related debt costs. If the income tax increase is approved, Council intends to discontinue the existing 1.5-mill property tax currently used for police, fire, street maintenance, and parks and recreation services, beginning with tax year 2026 and continuing through its expiration in tax year 2029. Finance Director Krosse presented a PowerPoint on the City’s income tax and capital needs and highlighted the following: • Half of the surrounding 18 communities do not offer residents a full-credit income tax rate, as Avon Lake does. • RITA anticipates a one-year lag in realizing the full revenue from the proposed income tax increase, as most revenue will come from employer and employee withholdings. While annual revenue is projected at $6.6 million, collections in 2027 are estimated at $6.0 million. As a result, planned roadwork for the first year is lower than initially proposed. Road debt is projected at approximately $3.8 million in 2027 (63% of revenues), increasing to $4.6 million in 2028 (70%). Revenue projections include modest growth due to cost-of-living adjustments, with revenues estimated at $6.7 million in 2029, $6.8 million in 2030, and $6.9 million in 2031. Corresponding roadwork expenditures are projected at $4.9 million (74%) in 2029, $5.9 million (78%) in 2030, and $5.4 million (78%) in 2031. • Stormwater projections will be approximately $500,000 per year. A study will

January 12, 2026, Council Meeting 6 be completed of the outfalls; camera work needs to occur to determine their condition. In years when outfall work is minimal, funds designated for outfall improvements will be reallocated to roadway projects. • Traffic signals and signalization are included as part of the revenues to be used, with projected allocations of $54,000 in 2028, $17,500 in 2029, $58,000 in 2030, and $17,500 in 2031. • Vehicles, equipment, stormwater, and traffic signals are projected as follows: 2027, $2.0 million (35%), 2028, $1.8 million (27%), 2029, $1.9 million (30%), 2030, $2.2 million (32%), and 2031, $1.6 million (23%). Percentages may shift depending on actual needs within each year. • Roadwork projections do not include potential OPWC grant funding. If grants are received, additional funds could be applied to other roadwork. • The 1.5-mill property tax will be terminated if the income tax increase passes and certification to Lorain County occurs by October 2026 for the 2027 collections. If the tax increase fails in May, terminating the 1.5-mill property tax would be delayed to 2028. • A minimum of 60% is proposed for roadwork, and a maximum of 40% for other categories (vehicles, equipment, stormwater, traffic signals). These percentages provide flexibility and can be adjusted in the future. In response to Mr. Kos, Law Director Ebert explained that amendments to the earned income tax code would be adopted to establish the minimum and maximum percentages for revenue allocations. Finance Director Krosse confirmed that a resolution committing to terminate the collection of the 1.5-mill property tax would be passed before the May election. She noted, however, that timing is critical: if the income tax increase passes in May, collections would cease January 2027; if it does not pass until November, collections would cease January 2028. Ms. Gentry noted that the proposed income tax increase was initially focused on the road program but has since expanded to include other items. She stated that the vehicles funded by the 0.4% increase were limited to the road program, but now include police, fire, and recreation vehicles. She asked what the plan would be if the increase does not pass and what capital funding would remain from the original budget. She expressed concern that the Administration may be shifting all capital needs to the proposed tax increase. Finance Director Krosse responded that when these categories were included, the numbers were developed during budget discussions to account for both roads and broader capital needs. Many of the vehicles mentioned are for the Public Works Department, but others serve the Fire and Police Departments, which are costs that have historically been funded from the City’s 1.5% income tax. She reported that for 2026, no funds have been allocated to these capital needs. Mrs. Fenderbosch shared that many residents were surprised to learn that 70% of

January 12, 2026, Council Meeting 7 workers live outside the City, meaning the City has historically been funding capital with only 30% of collected income tax. This information shifted some residents’ support for the income tax. She clarified that roads will not be immediately fixed, with approximately $40 million of work needed. Regarding vehicles, she understood that the included vehicles are those that directly serve or operate on City roads. Finance Director Krosse responded that capital improvements have historically been funded through income tax. Going forward, some needs would continue to be funded from income tax via the current capital fund. The proposed income tax increase would be earmarked specifically for roads. If a road project is moved to the next year, the funds remain in the designated road fund. Mrs. Fenderbosch noted that some roads involve Ohio Department of Transportation (ODOT) projects, which are not included in the current allocation. Finance Director Krosse noted that, for this forecast, one ODOT and Ohio Public Works Commission (OPWC) project is included at full project costs. Any additional funding received would go into the road fund, freeing additional dollars for other projects. Mr. Shahmir asked how the pavement category is defined. In response, Public Works Director Liskovec explained that it includes, essentially, all streets that are not major thoroughfares. The pavement category focuses primarily on residential and side streets; it included rejuvenation, crack sealing, and other contracted work. Mr. Shahmir requested a breakdown of reconstruction versus maintenance to be provided before the next meeting. He also noted that the 1.5% escalation from 2028 to 2029 reflects an annual adjustment the Administration has considered for potential salary increases. Finance Director Krosse explained that the projected salary increase reflects the portion of new tax revenue derived from employee withholdings. As employee wages rise, withholding amounts and income tax revenue will also increase. Mr. Shahmir asked how potential shortfalls would be monitored and how Council would be informed, rather than waiting for end-of-year budget reporting. In response, Finance Director Krosse stated that she will continue providing Council with monthly income tax revenue reports through the Finance Committee. Any increases in revenue will be reported through the existing process. Mr. Shahmir stated that he did not see any defined revenue shortfall trigger that would return the matter to Council, noting that any reallocation would require Council involvement. He emphasized that roadway deterioration accelerates when maintenance is deferred, leading to higher long-term costs. He expressed concern that the proposal reflects capital expenditures rather than a binding capital project plan and does not tie the tax increase to specific road segments, timelines, or

January 12, 2026, Council Meeting 8 condition targets. Without a clear, enforceable plan, he stated that Council is being asked to act on intent rather than outcomes and requested that a defined capital plan be integrated into the resolution. Mayor Spaetzel stated that a five-year pavement program plan was distributed to the Public Service Committee earlier this month that outlined approximately $3 million would be allocated to planning, construction, inspection, and contract administration. Construction costs were further divided by percentage into rejuvenation, crack sealing and partial-depth repairs, mill and overlay work, and reconstruction, with proposed budgets to be assigned. The program plan is based on the Pavement Management Group (PMG), which is currently being updated and reviewed. Public Works Director Liskovec noted that while specific streets could be identified, doing so could limit flexibility if unforeseen needs arise, such as an unanticipated bridge project, which could create public concern if funds are later reallocated. Mr. Shahmir emphasized the need for clear key performance indicators (KPIs), an established baseline, and annual benchmarks to measure how the funds are spent and ensure Council commitments are achieved. He stated that a defined roadmap is necessary to show how money will be allocated and to avoid higher future costs from deferred maintenance. He stressed the importance of measurable outcomes tied to PMG data so Council can monitor progress, explain deviations, and remain accountable to taxpayers. Public Works Director Liskovec explained that performance measurement will be based on the PMG report, which serves as the baseline. The City works with PMG annually and will use yearly snapshots of completed work and overall network conditions to assess progress and confirm the program is moving in the right direction. Mayor Spaetzel reiterated that the five-year pavement program addresses the concerns raised. After projected revenues are applied, Council will understand how funding is allocated among maintenance, overlays, and reconstruction. Specific streets and costs will be identified as each year approaches, allowing funds to shift based on actual needs and conditions. Recommendations will be evaluated annually with Council’s input and emphasized that the program would generate approximately $33 million in new funding, with roughly 70% dedicated to roads, resulting in a significant impact. Mr. Reynolds asked whether the projected annual pavement expenditures are intended to simply maintain current roadway conditions or to result in an overall improvement, noting his support for the percentage flexibility built into the proposal. In response, Public Works Director Liskovec responded that the program is primarily geared toward maintaining current conditions. He stated that the roadway network is presently rated at approximately 73 (out of 100) and, based on recent work and data review with PMG, the projections would maintain that level at this time.

January 12, 2026, Council Meeting 9 Mayor Spaetzel stated that the City’s current position is not unreasonable. He noted that achieving a rating around 80 would require a substantial financial investment, whereas maintaining a rating in the mid-70s is more realistic. Mrs. Goodwin asked Finance Director Krosse whether the proposed discontinuance of the property tax would eliminate a tax that would otherwise expire at some point, or whether it is a tax levied in perpetuity. Finance Director Krosse explained that the 1.5-mill property tax was recently renewed in January 2025 for a five-year period, expiring at the end of 2029. She noted that the tax was first approved in 2000 and has been renewed every three to five years since then. She added that it is anticipated that the tax would otherwise be renewed again at the end of 2029. Mrs. Goodwin commented that there are many pathways and guardrails involved and emphasized that asking residents to invest in Avon Lake is a significant request. She expressed that, as a working family in Avon Lake, she believes more information is needed. She further stated that in order to gain resident buy-in, there must be greater focus on capital needs and a clearer understanding that these issues extend beyond the five-year period. Council President Smith agreed that a significant amount of information must be disseminated and acknowledged that doing so will require considerable effort. He stated that the Administration is working toward that goal. He further expressed his belief that allocating 65% as a minimum for roadway funding is necessary and requested that Public Works Director Liskovec provide a list of streets so residents can better understand the specific roadway needs being addressed. Mr. Kos asked whether, if the tax increase passes, street projects planned for 2027– 2029 would be presented to Council in advance during budget meetings for review and approval, consistent with past practice. Mayor Spaetzel responded that the process would remain the same as in prior years and noted that projects were not presented this year due to the lack of capital funding. Mr. Kos noted that if the income tax increase is approved and the 1.5-mill property tax is eliminated, retirees and seniors who own real property would see a reduction in taxes. Ms. Gentry stated that she researched the lack of income tax increases over the past 30 years and found that asphalt costs have increased by approximately 263% and concrete by 300% to 350%. The City has more roads and increased deterioration, and the proposed 0.40% increase would address the significant rise in infrastructure costs. Mayor Spaetzel agreed, noting that many cities have permanent improvement or capital levies, which Avon Lake has not had. He stated that the City has catch-up

January 12, 2026, Council Meeting 10 work to do and that passage of an income tax increase would have an impact. Mr. Shahmir cited the PMG report’s findings regarding roadway deterioration and the estimated backlog, noting that the analysis assumes work beginning in 2026. He requested any additional data available and asked whether current efforts could help to slow deterioration. Mrs. Fenderbosch stated that the City has shifted toward preserving roads in better condition to prevent further decline and asked Public Works Director Liskovec to explain the approach. Public Works Director Liskovec explained that the City is using a pavement preservation strategy, focusing on targeted treatments to slow deterioration while balancing preservation with public health and safety needs. Mayor Spaetzel added that the five-year pavement program emphasizes maintenance and preservation methods to maximize the effective use of funds. First Readings: Resolution No. 26-3, A RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO DISPOSE OF CERTAIN SURPLUS CITY PROPERTY NO LONGER NEEDED FOR PUBLIC USE, BY INTERNET AUCTION FROM FEBRUARY 1 THROUGH DECEMBER 31, 2026, AND DECLARING AN EMERGENCY, was read by title only. Council President Smith moved for suspension of the rule requiring three readings. Yes: Gentry, Goodwin, Kos, Reynolds, Shahmir, Smith, Fenderbosch No: None Motion passed. Council President Smith moved for passage of Resolution No. 26-3. This legislation will permit the Finance Director to dispose of surplus City property by internet auction on the following sites: govdeals.com, propertyroom.com, publicsurplus.com, and purplewave.com. Yes: Gentry, Goodwin, Kos, Reynolds, Shahmir, Smith, Fenderbosch No: None Motion passed. Resolution No. 26-3 adopted. Resolution No. 26-4, A RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO PARTICIPATE IN VARIOUS COOPERATIVE PURCHASING PROGRAMS AND DECLARING AN EMERGENCY, was read by title only. Council President Smith moved for suspension of the rule requiring three readings. Yes: Gentry, Goodwin, Kos, Reynolds, Shahmir, Smith, Fenderbosch

January 12, 2026, Council Meeting 11 No: None Motion passed. Council President Smith moved for passage of Resolution No. 26-4. This legislation will authorize the Finance Director to participate in governmental cooperative purchasing programs for the purchase of vehicles, machinery, materials, supplies, and other articles for the City for the calendar year 2026. Yes: Gentry, Goodwin, Kos, Reynolds, Shahmir, Smith, Fenderbosch No: None Motion passed. Resolution No. 26-4 adopted. Ordinance No. 26-5, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PURCHASE AND ASSIGNMENT OF LEASE AGREEMENT FOR LORAIN COUNTY PERMANENT PARCEL NOS. 04-00-006-103-009; 04-00-006-103-010; 04-00-006-103-014; and 04-00- 006-103-020, LOCATED AT 33424 LAKE ROAD, AVON LAKE, OHIO, FROM DEMETRIOS GIANNAKOPOULOS AND POULIA GIANNAKOPOULOS, AND DECLARING AN EMERGENCY, was read by title only. Council President Smith moved for suspension of the rule requiring three readings. Yes: Gentry, Goodwin, Kos, Reynolds, Shahmir, Smith, Fenderbosch No: None Motion passed. Council President Smith moved for passage of Ordinance No. 26-5. This legislation authorizes the Mayor to execute a contract on behalf of Avon Lake Regional Water (ALRW) to purchase 33424 Lake Road for $857,000, along with the assignment of a lease agreement with Athena’s Deli and Restaurant dba Johnny’s Boathouse. ALRW intends to use this property and the adjacent parcels for its water plant expansion project. Mrs. Goodwin asked whether ALRW will assist with the relocation of Johnny’s Boathouse and if the agreement includes fees transferring a liquor license. Council President Smith noted that there likely isn’t a full liquor license at the location. However, the Clerk of Council would be notified if a request to transfer a liquor permit is submitted, as such a request would require Council approval. Law Director Ebert clarified that the purchase does not include the liquor license. He noted that the lease expires in July 2027, allowing the current tenants to operate until that date. Yes: Gentry, Goodwin, Kos, Reynolds, Shahmir, Smith, Fenderbosch No: None Motion passed.

January 12, 2026, Council Meeting 12 Ordinance No. 26-5 adopted. MISCELLANEOUS BUSINESS AND ANNOUNCEMENTS  Mr. Kos announced that the Lorain County Toys for Tots distributed 37,260 toys during the past season, assisting 8,562 children. He thanked the residents of Avon Lake and the County for their generous donations. All toys distributed were donated within Lorain County and went to Lorain County children.  Mrs. Fenderbosch announced that a news release was issued today indicating that FirstEnergy is seeking Ohio’s approval to allow power outages to last longer and occur more frequently. In speaking with Ms. Gentry, she indicated she will address the matter at her upcoming Building and Utilities Committee meeting.  Ms. Gentry confirmed that she plans to propose a resolution at the next Building and Utilities Committee meeting to formally object to the proposed power outage extension. Mr. Kos moved for adjournment. Yes: Gentry, Goodwin, Kos, Reynolds, Shahmir, Smith, Fenderbosch No: None Motion passed. Adjournment: 8:42 p.m. Approved: Attest: Council President Clerk of Council