Committee Meeting of Council Minutes

City of Bay Village Council Minutes, Committee Session Dwight A. Clark, President of Council, presiding. Council Chambers. November 17, 2025 President of Council Dwight A. Clark called the meeting to order at 7:00 p.m. Present: Dwight A. Clark, President of Council. Lydia DeGeorge, Vice President of Council and Councilwoman, Ward 2. Peter J. Winzig, Council-at-large. Sara Byrnes Maier, Council-at-large. Gerald Homing, Councilman, Ward 1. Michael Greco, Councilman, Ward 3. Dan Rettig, Councilman, Ward 4. Excused: Mayor Koomar. i Also Present: Law Director Mark Barbour, Finance Director Jim Milton, Police Chief Rob Gillespie, Fire Chief Chris Lyons, Director of Public Service and Properties Mary Kay Costello, Recreation Director Dan Enovitch, Building Director Eric Tuck-Macalla; Community Services Director Kathy Messeri, Administrative Project Manager John Rostash, Scott Wagner, Vice President of Corporate Operations, Regency Construction; Inc., Erik Thompson, Project Manager, Regency Construction, Inc., Clerk of Council Joan Kemper. AUDIENCE i Steve Swidarski, Bruce Geiselman, Deneen Seljan, Richard Majewski, Liam Sutman, Wendy Thompson, Michele Guerrieri. Mr. Clark welcomed everyone to the Committee Meeting of Council. ANNOUNCEMENTS COMMITTEE OF THE WHOLE Fire Station Improvement Project and Financing. Mr. Clark stated that Council has been discussing, for quite some time, the renovation and expansion of the Bay Village Fire Station, originally built in 1972. There has been careful collaboration in the entirety of the process, including the project scope and the financing timeline. The plan is to put these pieces of legislation on first reading this evening. The Guaranteed Maximum Price, sought by the administration and Council, has been scrutinized and includes construction cost, live contractor quotations, allowances, owner contingency, four

Committee Meeting of Council November 17, 2025 preferred alternates, and soft costs. We have worked closely with Bond Counsel, Squire Patton Boggs, and with the underwriters at Key Bank to make sure we will deliver a financing that will allow us to commit a two-way signing of the contract with Regency Construction, Inc., for the gnnranteed maximum price to get this project going, and closing the note issuance about the 3" week of December. Mr. Clark welcomed Scott Wagner, Vice President of Corporate Operations, Regency Construction, Inc., Erik Thompson, Project Manager, Regency Construction, Inc., to this meeting of Council. A memorandum circulated by Finance Director Jim Milton notes that there is a fourth, preferred alternate, to be added. The alternate recommended is exterior steps at the fire station to be done by outside contractors. The scope of the project requires an amendment to the architects, Mull & Weithman, contract. The financing is $10 million, which is desired by Council. The required legislation for these actions will be placed on first reading this evening, with second reading and adoption on December 1, 2025. ENVIRONMENT, SAFETY & COMMUNITY SERVICES COMMITTEE- Maier, DeGeorge, Horning. Accepting Donation for the Bay Village Tree Fund. Resolution on the agenda for the Regular Meeting of Council this evening. Ms. Maier will introduce and recommend for passage this evening a resolution to accept a donation from Oster Tree Services for the Bay Village Tree Fund. Drones for First Responders (DRF) Pilot Program. Resolution on the agenda for the Regular Meeting of Council this evening authorizing the filing of an application to the Ohio Department of Transportation (ODOT) for the City of Bay Village to apply for selection as a pilot site. John Rostash, Project Manager, advised that this Drone Program by the Ohio Department of Transportation helps to pay for the "Drone-in-a-Box." This is a system that the drone lands inside of a unit that is housed on top of a roof or pad. It is a substantial unit, called their technical package. The drone pops out, flies where it is needed, ahead of the first responders to get a bird's eye view of what is going on in the area. This drone is tied into dispatch systems, so it knows exactly where to go. It has integrated aircraft solutions so that it is compliant with the requirements of the Ohio Department of Transportation (ODOT). The cost of the drone starts at $26,000, a reimbursement cost through the ODOT program. There are software and licensing fees, also reimbursable. The training and regulatory support is also a reimbursable item. Costs that are not reimbursable is the cost to place the unit either on the roof or on the cement pad and the electric to run the Drone-in-a-Box. Ms. Maier asked how long the support of the program continues. Mr. Rostash stated that the length of support is 24 months. Our operators will still have full control of the drone when it is out of their line of view. 2

Committee Meeting of Council November 17, 2025 Chief Gillespie added that this is a substantial piece of equipment, with training of officers extended for greater distances, and greater heights. The grant filing for this brand-new program is due by November 26, 2025. The resolution to authorize the application for the grant will be recommended for adoption this evening. FINANCE AND CLAIMS COMMITTEE -Winzig, Greco, Rettig, Clark. Debt Issuance for Fire Station Project. Fiscal Officer's Certificate and Ordinance on the agenda for the Regular Meeting of Council this evening. Mr. Winzig stated that the debt issuance for the Fire Station Project requires the signing of a Fiscal Officer's Certificate by Finance Director Milton preceding the introduction of the ordinance authorizing note issuance on the agenda for the Regular Meeting of Council this evening. A memorandum dated November 12, 2025, from Mayor Koomar, Fire Chief Lyons, Law Director Barbour, Finance Director Milton, and Infrastructure Manager Krakowski, breaks down all the costs, including the contract amendment for the architects, Mull & Weithman. The information contained in the memorandum was discussed and reviewed at the Finance Committee meeting held prior to this meeting of Council. The ordinance will be placed on first reading this evening. October 2025 Financial Reports of the City of Bay Village. Motion on the agenda for the Regular Meeting of Council this evening to acknowledge receipt. The October 2025 financial report of the City of Bay Village prepared and submitted by Finance Director Milton was reviewed at length at the Finance Committee meeting held this evening. Mr. Milton commented that any questions or concerns were addressed at the Finance Committee meeting. Fund balances were explained as far as outstanding projects in the Capital Projects fund. Amended Appropriation Ordinance. Ordinance on the agenda for the Regular Meeting of Council this evening. Mr. Winzig noted that the adjustments to the appropriation ordinance address a contribution from an outside source that needs to be identified in the budget, as well as a transfer of funds to cover a project. Mr. Milton confirmed. that the ordinance has a net zero impact on the appropriations. It is moving an appropriation to Capital Outlay. The $500 donation from Oster Tree Services will be placed in the Tree Planting and Replacement Fund. Mr. Winzig will move for adoption of the Amended Appropriation Ordinance this evening. Annual Appropriation Ordinance. Ordinance on the agenda for the Regular Meeting of C o u n c i l this evening for first reading, I, Mr. Winzig advised that three Finance Committee meetings were held to go through each of the budget line items in detail. The committee also covered the projected Capital expenditures for 3

Committee Meeting of Council November 17, 2025 2026. The Annual Appropriation Ordinance (2026 Budget) will be placed on first reading this evening for consideration for adoption in a forthcoming Council meeting. PLANNING, ZONING, PUBLIC BUILDINGS AND GROUNDS COMMITTEE- Greco, Maier, Rettig. Amended Agreement with Mull & Weithman for Fire Station Design Services. Ordinance on the agenda for the Regular Meeting of Council this evening. Mr. Greco advised that the ordinance he will submit for first reading this evening will allocate additional funds in the amount of $90,080 to the contract with Mull & Weithman for fire station design services. Law Director Barbour advised that $90,080 is the actual cost amendment to the Mull & Weithman contract. Exhibit "A" of the contract modification amends the Stipulated Sun! in the original contract dated June 26, 2023, based on the currently defined project schedule submitted by Regency Construction Services with the GMP, necessitating an extension of the design team's efforts for the project versus the initial schedule and phasing assumptions. Amended Agreement with Regency Construction Services, Inc. and Accepting Guaranteed Maximum Price. Ordinance on the agenda for the Regular Meeting of Council this evening. Mr. Greco stated that an ordinance to be read and moved to first reading this evening outline's the cost of the fire station improvement project to accommodate the accepted design. Mr. Clark stated that live contractor quotes for the project will be held until the end of the year. PUBLIC IMPROVEMENTS/STREETS/SEWERS/DRAINAGE COMMITTEE - DeGeorge, Horning, Winzig. Ms. DeGeorge had no report this evening. RECREATION AND PARK IMPROVEMENTS COMMITTEE —Rettig, Maier, DeGeorge. I Mr. Rettig had no report this evening. SERVICES, UTILITIES & EQUIPMENT COMMITTEE —Greco, Winzig, Homing. Mr. Greco had no report this evening. AUDIENCE Richard Majewski, Bassett Road, stated that he had a conversation with the Mayor last week that left him with some questions. For two years now, Mr. Majewski has been trying to find o u t how the store on Bassett Road went from take-out only for beer and wine to on-premises consumption. The permit held by previous owners for fifty years was take-out only. Who decided that permitted use for retail sale of malt beverages or wine by package for consumption of off premises were sold, who decided that should be ignored? Who decided that Chapter 1125 grandfather clause that protects against change and expansion of use does not apply to liquor 4

F Committee Meeting of Council November 17, 2025 licenses? Who decided that Section 7.4 of the Charter, which requires voter approval of changes of uses has been satisfied? Who decided that the purpose of a zoning code in their interpretation and application of the provisions of Title 3 shall be held to be minimum requirements for the protection of the public health, safety and welfare, and that should not be considered by a liquor control board, even though they are required to take into consideration the health, safety and welfare, when establishing whether the desired permit is appropriate for the location? Who decided that the sale and on-premises consumption of alcohol is an acceptable use in a F i r s t Residential District? I don't believe it is unreasonable to ask why these protections don't apply to liquor licenses. I don't believe it is unreasonable to ask for those of us who live in the neighborhood where we stand as to what is allowable in the store. Lastly, I don't believe it is unreasonable to ask who made these decisions. I am asking. Mr. Clark stated that Council voted not to object on this matter several years ago. He asked Mr. Majewski his concern. I Mr. Majewski stated that his concern is that this has been a take-out only operation for fifty years, and now there is going to be on-premises consumption, and that progresses. It starts with beer, they are pending for a wine and mixed beverages, which is mixed drinks, and according to the the Law Director, since that is allowable over across the street at Bay Square, he doesn't see any language that won't allow it over on Bassett Road, which means they can have a full liquor license and serve from 5:30 a.m. to 2:30 in the morning. That is what I am concerned about: qa This is a residential neighborhood; it is zoned residential; the store is zoned residential, and it; is inappropriate for having liquor consumed at that location. And it is grandfathered. The use of take-out take-out is the only thing that is grandfathered. Not consumption. Mr. Barbour addressed Mr. Majewski, stating he is misquoting him in context in their email exchange. You and I had many discussions. The voters will decide whether that additional liquor permit is approved, or not. Mr. Majewski stated he did not misquote Mr. Barbour. You did say you saw no language that would prevent it if the voters approve it. i Mr. Barbour stated that they were talking about Chapter 1173, which you rely upon in your statement, questions, and inquiry. I made my comment. I know you disagree with me, whicht i s your right. You put a lot of statements and questions into that, all of which has been answered repeatedly over a period of time. i Mr. Majewski stated he still does not have an answer as to why the grandfather clause doesn't apply. The permitted use is for take-out only. And that is grandfathered. Why doesn't the grandfather clause apply to that? No one can answer that. The Mayor had no answer. Y o u haven't answered that. Mr. Barbour stated that he has answered all of Mr. Majewski's questions. If the neighbors don't want the new permit they have applied for, they can exercise their democratic right and vote against it, and it won't happen. The consumption of beer has already been approved by the voters.

Committee Meeting of Council November 17, 2025 Mr. Majeski asked when that was voted. Mr. Barbour stated that it is up to the Board of Elections to determine that. We are not involved with liquor permits. All we can do is request a hearing if the grounds exist, under the law. The law expressly excludes, specifically, in its language, as you know, because we have talked about it, it excludes zoning regulations. Zoning regulations cannot be a basis to object to issuance or renewal of a liquor license. Liquor licenses are not the purview of municipal government. Mr. Majewski stated to Mr. Barbour that he is saying that anyone in any district can apply f o r a liquor license and open a bar in their house in a residential district. Mr. Barbour stated that is not what he said. You and I have gone around and around. We served on the Planning Commission together. You were on the Planning Commission when bars existed in retail districts in Bay Village. Chapter 1173 is a Retail District. That shop across from you most closely resembles a retail establishment, what has it been there, one hundred years? It has been a little bit of everything in that one hundred years. And what it has resembled closest since 1954 when the code went into existence, is a retail establishment. Our code allows restaurants in retail establishments. Our code does not prohibit or require or say anything about whether or not those restaurants can serve alcohol. We have a long, long history in Bay Village of allowing restaurants in retail districts to sell alcohol on premises. What you are advocating is for us to completely ignore what we have allowed to happen since the 1970's when the Varsiity Club was there, the bowling alley, and now the restaurants we have had for a number of years across the street. That is not even a logical result of applying the history of the law to the district that most closely resembles what that grandfather condition is. Mr. Majewski stated that it is grandfathered use of retail, not the zoning, it is a use. It is zoned First Residence District. Now, you claim that a restaurant is a permitted use in a Retail District. The permitted use that I am basing my comments on says it is take-out, consumption off premises of malt beverages and wine. Off premises. That is a permitted use. Mr. Barbour stated that Mr. Majewski is trying to limit alcohol to only the carry-out of the malt beverages and wine. And, under that logic, all these restaurants in Bay Village would have to close down. j Mr. Majewski stated that he is talking about the use that is grandfathered in the store on Bassett Road. Mr. Barbour stated that Mr. Majewski and he will probably never agree on this issue. I have given you my opinion verbally and in writing. You are free to present your case to anybody you wish. And that is what these meetings are for. I disagree with you. I believe you are incorrectly applying our law. Mr. Majewski stated that Mr. Barbour is the one that made the decision. 6

Committee Meeting of Council November 17, 2025 Mr. Barbour stated that he did not make that decision. I am telling you what the outcome of the law in Bay Village is. The Board of Liquor Control, through the election process, decides who gets a liquor permit. Bay Village does not decide who gets a liquor permit. Mr. Majewski stated that if we contact the Liquor Control Board and find out when the election was that allowed that? Mr. Barbour stated that Mr. Majewski could try that. Mr. Clark stated that if there were a problem at that location, we have certain levers to enforce and modify any permit that somebody has because of problems that might exist there. He asked Police Chief Gillespie if that is_true. Chief Gillespie responded that Mr. Clark is correct. I Mr. Majewski stated that just to clarify, you are prepared to allow a full liquor license at that establishment. Mr. Barbour stated that he is not prepared to allow anything because he does not have the authority to allow any of those things Mr. Majewski is talking about. Only the State of Ohio, Department of Commerce, Board of Liquor Control, can determine what type of liquor permit can be held. Mr. Majewski stated, no restrictions. Mr. Barbour stated that the City has restrictions. We cannot prohibit the granting of a liquor permit. Mr. Majewski stated that he meant no restrictions on the granting of liquor permits. Mr. Barbour stated that it is governed by the state. The only restriction we have is the election process. For those precincts that are dry, and you want to have a liquor permit in them, you must win at the ballot at that precinct. You are aware of that. That is what will have to happen for them to get the next permit that they have applied for, which is a D-2 permit. Mr. Majewski asked how they got a D-1. Mr. Barbour stated that they applied for it with the Board of Liquor Control and got it. So, obviously when the Liquor Control Board did their research, they contacted the Board of Elections for the county in which the permit is being applied for and verified whether the election history supports the granting of permit based on those election results. We are not involved with it at all. Mr. Majeski stated "okay." MISCELLANEOUS 7

Committee Meeting of Council November 17, 2025 Dwight .A. Clark, President of Council The next Regular Meeting of Council will be held Monday, December 1, 2025. Mr. Jeff Filarski, P.E., of Chagrin Valley Engineering will provide an overview of many of the Capital projects going on right now. This overview will be held at the Committee Meeting of Council at 7 p.m. on December 1. Director Costello stated that Mr. Filarski will discuss sewer programs, sewer progress, sewer testing, and the resulting infrastructure improvements. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 7:30 p.m. Kemper, Clerk of Council 8