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City of Bay Village Council Minutes, Committee Session February 2, 2026 Dwight A. Clark, President of Council, presiding. Council Chambers. 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. Sara Byrnes Maier, Council-at-large. Peter J. Winzig, Council-at-large. Steve Swidarski, Councilman, Ward 1. Michael Greco, Councilman, Ward 3. Dan Rettig, Councilman, Ward 4. Mayor Koomar was excused. Also Present: Law Director Mark Barbour, Finance Director Jim Milton, Police Chief Rob Gillespie, Fire Chief Lyons, Director of Public Service and Properties Mary Kay Costello, Recreation Director Dan Enovitch, Building Director Eric Tuck-Macalla, Community Services Director Kathy Messeri, Clerk of Council Joan Kemper. AUDIENCE Bruce Geiselman, Roger Hermann. ANNOUNCEMENTS ENVIRONMENT, SAFETY & COMMUNITY SERVICES COMMITTEE- Maier, DeGeorge, Swidarski. Ms. Maier had no report this evening. FINANCE AND CLAIMS COMMITTEE — Winzig, Greco, Rettig, Clark. Finance Department request to amend Appropriation Ordinance No. 26-10, Ordinance on the agenda for the Regular Meeting of Council this evening. Mr. Winzig advised that the Annual Appropriation Ordinance was approved previously, and this amendment request by Finance Director Milton is to align projects in the 2025 Budget moving over to the 2026 Budget. It was thought best to align those under General Capital closer to the category of Infrastructure Project, Sewer, and Municipal Improvements. There is no change in the amounts, but more of a realignment exercise to enable tracking from the overall Capital Improvements. Committee Meeting of Council February 2, 2026 PLANNING, ZONING, PUBLIC BUILDINGS AND GROUNDS COMMITTEE- Greco, Maier, Rettig. Mr. Greco had no report this evening. PUBLIC IMPROVEMENTS/STREETS/SEWERS/DRAINAGE COMMITTEE -DeGeorge, Swidarski, Winzig. Authorization for the Mayor to renew the Ecological Composting Facility Agreement with the City of Westlake. Ordinance on the agenda for the Regular Meeting of Council this evening. Ordinance on Agenda for second reading and consideration for adoption this evening. Ms. DeGeorge advised that she will bring forth for adoption this evening the ordinance authorizing the Mayor to renew the Ecological Composting Facility Agreement with the City of Westlake. At Council’s request, a copy of the agreement was provided to City Council. Included in the agreement is a diagram of the operations and the terms of the agreement, which remain the same as the previous agreement. Mr. Clark noted that the ordinance will be brought forward for a vote this evening. RECREATION AND PARK IMPROVEMENTS COMMITTEE —Rettig, Maier, DeGeorge. Donation to the Recreation Department from the Bay Village Baseball Club. Resolution to accept the donation on the agenda for the Regular Meeting of Council this evening. Mr. Rettig will introduce a resolution, and move for adoption, to accept a donation for the Recreation Department at the Regular Meeting of Council this evening. Authorization to advertise for bids for the rehabilitation of the outdoor pool floor finish. Motion on the agenda for the Regular Meeting of Council this evening. Mr. Rettig will move to authorize the advertisement of bids for the rehabilitation of the outdoor pool finish at the Regular Meeting of Council this evening. Recreation Director Enovitch commented that this renovation involves the Diamond Brite plaster that is used at the bottom of the pool. The work involves the removal of the current flooring and reapplying the Diamond Brite finish. Quality pool finish is necessary for the good footing and safety of guests, and the existing material is in excess of 10 years old. SERVICES, UTILITIES & EQUIPMENT COMMITTEE -Swidarski, Greco, Winzig. Mr. Swidarski had no report this evening. AUDIENCE There were no comments from the audience at this point in the meeting. Committee Meeting of Council February 2, 2026 MISCELLANEOUS Mr. Clark commented that the City Council toured the Bay Village Fire Station this evening to learn more of the existing conditions and the renovation to the station that is underway. Mr. Clark thanked Fire Chief Lyons for arranging and directing the informative tour for City Council. The next Regular Meeting of Council will be held on Tuesday, February 17, beginning at 7 p.m., due to the President’s Day Holiday on Monday, February 16, 2026. A Finance Committee meeting will be arranged in the near future. First Energy’s new representative to the City of Bay Village, Brian Baer, will address Council on Monday, March 2, 2026, at the 7 p.m. Committee Meeting of Council. Catherine Flament of the Bay Village Historical Society will be present at the Monday, April 6, 2026, meeting of Council at 7 p.m. regarding the many activities the Historical Society has planned as part of the 250" Anniversary of our country. Mr. Roger Hermann, Bay View Road, asked to be recognized regarding a noise complaint filed on the City website on November 18, 2025. Mr. Hermann stated that his home is adjacent to the new Village Rose Deli. They have lived in the home for eight years. Mr. Hermann stated that when the occupancy of the business transferred to the new owner there was a lot of sound not heard previously. The building is 30 yards from their bedroom, and the sound prevented restful sleep. It was heard for thirty seconds, every two minutes, 24 hours a day, seven days a week. The noise from the rooftop adjacent to the back of their property is recycling an air conditioning unit, heat source, or refrigeration system. The complaint stated that they are unsure if additional refrigeration was added with the new Village Rose Deli. It may be a maintenance issue. It is louder and more consistent than before. Mr. Hermann’s complaint states that he is aware that there are some noise reduction remedies available to resolve this issue. Mr. Hermann stated that he sent this complaint and waited for a response. He did not receive a response, so on December 31 he attached a copy of the complaint and sent it to the Building Department. He received a response the next day, stating that a person checked the area on the 24", spent 25 to 50 minutes at the property (the business, not his home) and did not find anything. Mr. Hermann referred to City of Bay Village Codified Ordinance Code 1173.01. When he looks at it he sees that it lists the types of business that can participate in a Residential Retail Business District, which is what is behind his house. This business is surrounded by homes on all sides. The final email he received back on the process was on January 13 and he decided that he was not going to respond by email. Mr. Hermann stated that he does not understand why the noise complaint he made did not result in anyone coming to his door or contacting him by phone. A copy of an email response from the Building Department was distributed to Council by Mr. Hermann. He stated that Building Director Tuck-Macalla did visit the site and do decibel readings on December 31, pointing it at the refrigeration area with a resulting number of 87 decibels. Mr. 3 Committee Meeting of Council February 2, 2026 | Hermann stated that he wants the new business to flourish. He is trying to understand how it went from noise to now there is no noise. Is it something that cannot be communicated to the person that made the complaint? No one called him or came to his property from the initial November complaint. Is it standard to go to the place where the noise is coming from, and not from where the complaint came from? He stated that he terms this “silent mitigation.” Building Director Tuck-Macalla stated that when he first learned of the issue on the 31“ he talked to Inspector Jon Volle. Mr. Volle and an inspector went to the property and did not hear anything. Mr. Tuck-Macalla stated that Mr. Volle apologized to him, and Mr. Tuck-Macalla apologized to Mr. Hermann, that he did not contact Mr. Hermann at that time. Mr. Tuck-Macalla stated that they are not issued decibel meters, so he had to buy his own. He used one from his phone the first time he went to the area just to get an idea of what was going on. In the email sent to Mr. Hermann, there were comments about the different things that were happening over time. The reading spiked at 87 decibels. He also took the measurement from the property line on the business side of the fence, and the property line from Mr. Hermann’s side of the fence. Mr. Tuck-Macalla stated that his job is to be a neutral observer and enforcer, which is why he did not go to the business or to Mr. Hermann’s yard to take the measurements. He took them from the property line. Mr. Hermann talked about it being a problem in the evening and Mr. Tuck-Macalla felt that when taking these measurements, you are hearing the wind, and it is hard to isolate. He went a couple of times in the evening, and to all the places he had tested before to get some good readings. They were all in the general vicinity... When Village Rose Deli did a maintenance review, they just had the unit checked. The owner showed an invoice to Mr. Tuck-Macalla that did not indicate any change of parts. Mr. Tuck-Macalla stated that Chapter 1173 does not include a reference to a specific decibel reading, but just what is normal for the district. Village Rose Deli is grandfathered in a Residential Business District, and the enforcement will fall under that section of the code, and noise in that section of the code is what is normal for that area. Mr. Tuck-Macalla went to several different businesses including Heinen’s, Thyme Table, and the beverage store, standing at the property line to take readings and did not inform the owners that he was there. He stated that he did not say that there is no noise there, or the noise may be bothersome, but he can only enforce what is in the code. If he found that the noise was above normal, he would notify the businesses they really had to do something. But, it really came back as being normal. Mr. Hermann stated that the noise problem has been substantially abated from his standpoint since January 9. He noted that he learned that the former owner did not use the refrigeration equipment. Logic tells him that dormant time of a machine that is probably pretty old and then turned on may have been the cause. It is better now, it is fine, but he thinks it was a “silent mitigation.” Mr. Clark thanked Mr. Hermann for coming in to voice his concerns. They understand that the problem was that there was not a communication between the City and Mr. Hermann for about five to six weeks. Mr. Hermann stated that he knows for sure it did not go away by doing nothing. Getting the information last Friday that the machines were not used for a long time bothers him. 4 Committee Meeting of Council February 2, 2026 Mr. Clark stated that this is an administrative matter rather than a legislative matter, but it is important to Council to listen to residents when they have a concern. The take-away from this is better communication between the departments and residents. Mr. Clark is pleased that the problem has been mitigated at this point in time. Mr. Hermann stated that he is asking for documentation of a problem that did exist, and some type of measurement of what happened. Mr. Tuck-Macalla stated that he can give Mr. Hermann a copy of the invoice of the service to the unit. He noted that he is a neutral party, not on either side. When Mr. Hermann sent him an email complaint he sent that email complaint to the other party and they had a chance to respond. Mr. Tuck-Macalla asked for a copy of the service invoice, and he will send a copy to Mr. Hermann. The invoice was for less than $200 and did not list any parts replaced or anything done. Mr. Tuck- Macalla stated he was there before and after, but the noise he was hearing was January noise and not November noise. Mr. Tuck-Macalla advised Mr. Hermann to let him know if there is any change in the noise at any time. ADJOURNMENT The meeting was adjourned at 7:30 p.m. MUTA . Clark, President of Council