Full Document
MINUTES OF A REGULAR COUNCIL MEETING April 21, 2025 – 7:30p.m. Council of the City of Berea, Ohio, met in regular session in the Council Chamber on April 21, 2025 and the meeting was called to order by President of Council Jim Maxwell at 7:31p.m. Present: Erika Coble, Chris McManis, Rick Skoczen, Lisa Weaver and Gene Zacharyasz. Absent: Mary K. Brown and Leon R. Dozier, Sr. Also present: Director of Public Works Tony Armagno, Director of Law and Public Safety Barb Jones and Director of Finance Andrea Morris. The Pledge of Allegiance followed. This meeting was held in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code and Chapter 109 of the Codified Ordinances of the City of Berea. The certificate of compliance is on file in the Clerk’s office. Moved by Mr. McManis, seconded by Mr. Skoczen, that the minutes from the March 24, 2025 Special Council Meeting be approved. Vote on the motion was all ayes and no nays. The motion carried. Moved by Mrs. Weaver, seconded by Mr. McManis, that the minutes from the April 7, 2025 Regular Council Meeting be approved. Vote on the motion was all ayes and no nays. The motion carried. MAYOR'S ADMINISTRATIVE REPORT AND COMMENTS Mayor Kleem was not present. REPORT AND COMMENTS BY THE OFFICERS OF THE ADMINISTRATION: Andrea Morris – Director of Finance: Mrs. Morris had no report. Barb Jones – Director of Law & Public Safety: Mrs. Jones congratulated Adam Labuda on his promotion to Lieutenant in the Berea Fire Department. In response to a question from Mrs. Coble, Mrs. Jones stated that she thinks that if a resident contacts Cages for Jim regarding a wildlife issue, the City will pay half the cost, but referred her to Teri in the Service Department. Tony Armagno – Director of Public Service: Mr. Armagno announced that the Longbrooke road repair project officially began today with the removal of pavement. Four cul-de-sacs will be completed in the first phase and five in the second phase. As there is a lot of work going on in that area, the City is attempting to make sure that construction vehicles are following their correct routes. 2 REGULAR COUNCIL MEETING – April 21, 2025 Mr. Armagno announced that, with regard to the Front Street Resurfacing Project, bids were opened and Karvo Construction is the low bidder. A decision will be made as to who will be awarded the work in the next couple of weeks. Mr. McManis questioned Mr. Armagno about the guardrail on Nobottom, and Mr. Armagno responded that the City has no concern regarding its side of the road, and he has not yet reached out to the County, although he tends to think they will have more of an issue with the slope on Lewis. Marty Compton – Director of Recreation: Mr. Compton was not present. COMMENDATIONS: RESOLUTION NO. 4-6: A RESOLUTION HONORING DEIONNA BORDERS ON SECURING THE 2025 DIVISION I GIRLS STATE WRESTLING CHAMPIONSHIP IN THE 235-POUND WEIGHT CLASS, APPLAUDING HER UNDEFEATED SEASON AND CELEBRATING THE FIRST EVER OHSAA GIRLS WRESTLING CHAMPIONSHIP FOR BEREA-MIDPARK HIGH SCHOOL. The Clerk read the Resolution in full. Moved by Mr. Skoczen, seconded by Mr. Zacharyasz, that Resolution No. 4-6 be approved. Vote on the motion was ayes: Coble, McManis, Skoczen, Weaver and Zacharyasz. Nay: None. The motion carried. Steve Vaughn, the Girls Head Wrestling Coach at Berea-Midpark High School, stated that he has coached Deionna for 3 years, and was her head coach this past season. He continued that it has been amazing to watch her grow as a wrestler, and the level she has attained in only three years is very impressive. She is an extremely special talent, who has also dedicated a lot of time and work to the sport. Coach Vaughn noted that Deionna did not give up an offensive point all season, and while he is so very proud of her accomplishments, he also looks forward to working with her over the summer and into next season because she wants to defend her title. He is excited to help her work to achieve her goal. Mrs. Weaver congratulated Deionna, Coach Vaughn and the entire program on a wonderful season, and Mr. Skoczen added that it is not easy to achieve greatness in a sport while maintaining standards in the classroom too. PETITIONS: NONE AUDIENCE PARTICIPATION: Bruce McLaughlin, a resident on Merrimak, announced that Kiwanis is hosting an Empty Bowl fundraiser on Friday, with all proceeds benefiting local food banks. 3 REGULAR COUNCIL MEETING – April 21, 2025 Another member of the audience complimented the Administration and Council on the incredible relationship they are fostering with the Browns, adding that the contract extension will mean so much for the City. COUNCIL COMMITTEE REPORTS AND ANNOUNCEMENTS: Berea Shade Tree Commission – Erika Coble and Gene Zacharyasz Mrs. Coble discussed the last Shade Tree meeting, noting that they looked at some planting locations and grant opportunities, with the goal of planting 100 trees around the City and 200 in the area between Nobottom and Barrett Roads. Council Court Committee – Chris McManis, Chair Mr. McManis stated that at the last Work Session, the Court Committee met with Judge Sean Kilbane and Clerk of Court Joe DeMio to discuss various financial matters and concerns, adding that the conversation will be ongoing throughout the year. He thanked everyone for their attendance. Mr. Skoczen stated that the Finance Committee will shadow behind the Court Committee as the Court’s financial situation evolves throughout 2025. Woodvale Union Cemetery Board of Trustees – Jim Maxwell Mr. Maxwell announced that the next meeting of the Board of Trustees will be held at the Woodvale office on Thursday, April 24, 2025 at 5:30pm. LEGISLATION – THIRD READING: ORDINANCE NO. 1-7: AN ORDINANCE APPROVING AND RATIFYING A THREE-YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BEREA AND THE LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 860, PURSUANT TO CHAPTER 4117 OF THE OHIO REVISED CODE, AND DECLARING AN EMERGENCY. The Clerk read the title of the Ordinance. Proposed Ordinance No. 1-7 stands on third reading. ORDINANCE NO. 3-2: AN ORDINANCE AMENDING AND RECONSTITUTING SECTION 175.10, COMPENSATION SCHEDULE, OF CHAPTER 175, CLASSIFICATION AND COMPENSATION, OF TITLE VIII, PERSONNEL PLAN, OF THE CODIFIED ORDINANCES OF THE CITY OF BEREA TO PROVIDE AN UPDATED COMPENSATION SCHEDULE FOR CURRENT AND FUTURE CITY EMPLOYEES, EXPRESSLY REPEALING EXISTING SECTION 175.10 OF THE CODIFIED ORDINANCES, AND DECLARING AN EMERGENCY. The Clerk read the title of the Ordinance. Moved by Mr. Skoczen, seconded by Mr. McManis, that Ordinance No. 3-2 be adopted. Vote on the motion was ayes: Coble, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. 4 REGULAR COUNCIL MEETING – April 21, 2025 ORDINANCE NO. 3-3: AN ORDINANCE AMENDING AND RECONSTITUTING SECTION 175.10, COMPENSATION CLASSIFICATION SCHEDULE OF CHAPTER 175, CLASSIFICATION AND COMPENSATION, AND ENACTING NEW SECTION 181.13 OF TITLE VIII, PERSONNEL PLAN, OF THE CODIFIED ORDINANCES OF THE CITY OF BEREA, IN ORDER TO MAINTAIN A REASONABLE RANK DIFFERENTIAL BETWEEN THE POLICE CHIEF, FIRE CHIEF AND ASSISTANT FIRE CHIEF AND THEIR SUBORDINATE RANKS, AND EXPRESSLY REPEALING EXISTING SECTION 175.10 OF THE CODIFIED ORDINANCES AND DECLARING AN EMERGENCY. The Clerk read the title of the Ordinance. Moved by Mr. Skoczen, seconded by Mr. McManis, that Ordinance No. 3-3 be adopted. Vote on the motion was ayes: Coble, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. LEGISLATION – SECOND READING: ORDINANCE NO. 4-2: AN ORDINANCE APPROVING AND RATIFYING A THREE-YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BEREA AND THE FRATERNAL ORDER OF POLICE LODGE 15, PURSUANT TO CHAPTER 4117 OF THE OHIO REVISED CODE, AND DECLARING AN EMERGENCY. The Clerk read the title of the Ordinance. Proposed Ordinance No. 4-2 stands on second reading. ORDINANCE NO. 4-3: AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO PARTICIPATE IN THE JOINT MUNICIPAL IMPROVEMENT CONSORTIUM FOR THE PURCHASE OF ROAD SALT AND OTHER DEICING MATERIALS, AND DECLARING AN EMERGENCY. The Clerk read the title of the Ordinance. Proposed Ordinance No. 4-3 stands on second reading. RESOLUTION NO. 4-4: A RESOLUTION DECLARING IT NECESSARY TO IMPROVE THE STREETS AND OTHER PUBLIC PLACES IN THE CITY OF BEREA BY SUPPLYING THE SAME WITH ELECTRIC LIGHTING, INCLUDING TRAFFIC CONTROL LIGHTING, BY FIXING THE VALUE OF INTERSECTIONS NOT ASSESSED FOR TAXATION, AND AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE AND FILE TENTATIVE ASSESSMENTS TO EFFECT THE SAME, AND DECLARING AN EMERGENCY. The Clerk read the title of the Resolution. Proposed Ordinance No. 4-4 stands on second reading. ORDINANCE NO. 4-5: AN ORDINANCE DETERMINING TO PROCEED WITH THE IMPROVEMENT OF THE STREETS AND OTHER PUBLIC PLACES IN THE CITY OF BEREA BY SUPPLYING THE SAME WITH ELECTRIC LIGHTING, INCLUDING TRAFFIC CONTROL LIGHTING, AND TO LEVY ASSESSMENTS THEREFOR, AND DECLARING AN EMERGENCY. 5 REGULAR COUNCIL MEETING – April 21, 2025 The Clerk read the title of the Ordinance. Proposed Ordinance No. 4-5 stands on second reading. LEGISLATION – FIRST READING: RESOLUTION NO. 4-7: A RESOLUTION ACKNOWLEDGING APRIL 22, 2025 AS EARTH DAY, AND APRIL 25, 2025 AS ARBOR DAY, AND PROMOTING AND ENCOURAGING ALL RESIDENTS OF THE CITY OF BEREA TO CULTIVATE AND APPRECIATE TREES AND ALL ARBOREAL GIFTS OF NATURE. The Clerk read the title of the Resolution. Moved by Mr. McManis, seconded by Mrs. Coble, that Resolution No. 4-7 be approved. Vote on the motion was ayes: Coble, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. RESOLUTION NO. 4-8: A RESOLUTION APPROVING THE MAYOR’S REMOVAL OF ANTHONY ALEXANDER FROM THE MUNICIPAL PLANNING COMMISSION, AND DECLARING AN EMERGENCY. The Clerk read the title of the Resolution. Mrs. Jones explained that Mr. Alexander has missed 12 meeting in a row, initially due to a health issue, and while this has caused difficulties with the Commission achieving a quorum, the salient reason for his removal is due to the fact that he is not currently living in Berea. While Mr. Madzy has reached out to Mr. Alexander several times, he has received no response, thus the Mayor has decided to appoint a new member so that the Commission’s work can proceed. Moved by Mr. Skoczen, seconded by Mr. McManis, that Resolution No. 4-8 be approved. Vote on the motion was ayes: Coble, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. RESOLUTION NO. 4-9: A RESOLUTION CONFIRMING THE MAYOR’S APPOINTMENT OF KEVIN DAVENPORT TO THE MUNICIPAL PLANNING COMMISSION TO FILL THE UNEXPIRED TERM OF ANTHONY ALEXANDER ENDING DECEMBER 31, 2028, AND DECLARING AN EMERGENCY. The Clerk read the title of the Resolution. Mrs. Jones stated that Mr. Davenport is a member of the Heritage Architectural Review Board, and will make a seamless transition on to the Commission. Mrs. Coble offered her support for Mr. Davenport. Moved by Mrs. Weaver, seconded by Mr. Skoczen, that Resolution No. 4-9 be approved. Vote on the motion was ayes: Coble, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. 6 REGULAR COUNCIL MEETING – April 21, 2025 RESOLUTION NO. 4-10: A RESOLUTION ESTABLISHING A TEMPORARY MORATORIUM, NOT TO EXCEED ONE YEAR, PROHIBITING THE ACCEPTANCE OF APPLICATIONS FOR, AND THE GRANTING OF, ZONING APPROVALS, BUILDING PERMITS, AND CERTIFICATES OF OCCUPANCY FOR ANY BUILDING, STRUCTURE, USE, OR CHANGE OF USE THAT WOULD BE ASSOCIATED WITH THE DISTRIBUTION OR SALE OF VAPING/E- CIGARETTE PRODUCTS, AND PROHIBITING THE COMMENCEMENT OF THE ACTUAL DISTRIBUTION AND SALE OF SUCH PRODUCTS WITHIN THE CITY OF BEREA, AND DECLARING AN EMERGENCY. The Clerk read the title of the Resolution. Mrs. Jones explained that the City of Cleveland has recently strengthened its vaping regulations, which prompted Mayor Kleem to request that the Law Department research the issue. Mrs. Jones said that what she discovered is that a multitude of surrounding communities have moratoriums in place, and thus the Administration would like time to study the issue, its effects of the residents of the City, and appropriate zoning restrictions. There are currently 3 shops in the City that are smoke or vape shops, as well as gas stations that sell the products. This moratorium will prevent new sales at existing businesses, and will prohibit the Building Department from issuing occupancy permits for new businesses entering the City. She clarified that the moratorium will not affect operational businesses. Mr. Skoczen encouraged the City to formulate a list of places that currently sell vape products, and Mrs. Jones said she will gather a list by second reading. Mr. Skoczen inquired as to how the City policies the sales of vape products to minors. Mrs. Jones said that there are issues with smoke shops and vape stores selling THC, hemp and marijuana, but there is some confusion at the State level as to who is responsible for regulating this. She noted that businesses have been cited for selling to minors, and it does typically involve an undercover operation, but it does not seem to be a rampant issue. Mr. Skoczen and Mr. McManis both expressed support for the moratorium. Proposed Resolution No. 4-10 stands on first reading. ORDINANCE NO. 4-11: AN ORDINANCE ACCEPTING A PLAT VACATING SECOND AVENUE, WHICH IS NO LONGER NEEDED FOR MUNICIPAL PURPOSES, AND DEDICATING THE RELOCATED SECOND AVENUE. The Clerk read the title of the Ordinance. Mr. Armagno stated that the plat accomplishes a few things, the first being the vacation of Second Avenue, whereby the land will become a part of the adjacent properties, which will then be consolidated. This will also dedicate the new Second Avenue. General discussion commenced concerning the relocation of utilities and a dedicated underground easement. Moved by Mr. McManis, seconded by Mr. Zacharyasz, that Ordinance No. 4-11 be referred to the Municipal Planning Commission for review and recommendation. Vote on the motion was all ayes and no nays. The motion carried. 7 REGULAR COUNCIL MEETING – April 21, 2025 ORDINANCE NO. 4-12: AN ORDINANCE APPROVING THE CONSOLIDATION AND SPLIT OF PERMANENT PARCEL NUMBERS 362-14-026, 362-14-027, 362-14-028, 362-14-029, 362- 14-030, 362-14-031, 362-14-032 AND 362-14-066, DEDICATING A PORTION OF DEPOT STREET AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO PREPARE AND SIGN ALL DOCUMENTS RELATED THERETO. The Clerk read the title of the Ordinance. Mr. Armagno explained that during discussions of District 46, it was discovered that while there was an intent to dedicate a portion of Depot in preparation for the bridge project in 2008, the dedication was never recorded. This Ordinance will appropriately dedicate the necessary piece, after which time Parcel B can be transferred to the Browns and consolidated with their parcels. He noted that Parcel A will remain City property, as its own parcel. Moved by Mr. McManis, seconded by Mr. Zacharyasz, that Ordinance No. 4-12 be referred to the Municipal Planning Commission for review and recommendation. Vote on the motion was all ayes and no nays. The motion carried. ORDINANCE NO. 4-13: AN ORDINANCE APPROPRIATING FROM THE VARIOUS FUNDS TO INDIVIDUAL ACCOUNTS FOR THE CURRENT EXPENDITURES AND OTHER EXPENSES OF THE CITY OF BEREA FOR THE FISCAL YEAR ENDING DECEMBER 31, 2025, AND EXPRESSLY REPEALING ORDINANCE NO. 2025-18. The Clerk read the title of the Ordinance. Mrs. Morris reminded Council that the budget is a moving document, and all changes before them this evening are with regard to the Court’s Special Revenue Funds. She explained that the Court has come up with some better estimates for their projected revenues, noting changes to Fund #282, Fund #285, Fund #291, Fund #294, Fund #296, Fund #470 and Fund #770. Mr. Maxwell questioned the reason for the recalculations, and Mrs. Morris stated that the Court, in putting together their estimates, did not include beginning balances, only the projected revenues. This approach combines both, so while the money was there all along, it now needs to be included and appropriated. In response to a question from Mr. Skoczen, Mrs. Morris explained that other communities have nothing to do with the Special Projects Fund or Fund #470. Funds from Fund #470 could, perhaps, be reallocated with a Journal Entry, but it would be up to the Judge. Mr. McManis added that the Court is going to discuss what can and can not be reallocated with the City’s Law Department. Proposed Ordinance No. 4-13 stands on first reading. REPORT AND COMMENTS BY THE PRESIDENT OF COUNCIL Mr. Maxwell had no report. 8 REGULAR COUNCIL MEETING – April 21, 2025 REPORTS AND COMMENTS BY THE MEMBERS OF COUNCIL Mrs. Weaver had no report. Mr. Zacharyasz wished the Cavs good luck in the playoffs and the Browns good luck in the draft. Mrs. Brown was not present. Mrs. Coble stated that she recently met with County Executive Chris Ronayne on behalf of the Waverly neighbors, and explored potential County support for the Fairgrounds due to the fact that they are having significant sewer issues that could impact their hosting abilities. She noted that she has helped to foster an open line of communication between the neighborhood, Fairgrounds and County so that each entity can support the other. Mrs. Coble announced the Earth Day Coe Lake Clean-up, which will take place this coming Saturday, and noted that local environmental groups will be participating with different exhibits in the Pavilion area. She thanked the City for its support of this event. Mrs. Coble concluded her comments by thanking the Baldwin Wallace students for recognizing her at the Best of Berea awards, adding that she does a lot of work with the University in her role as Councilwoman, and loves working with the students. Mr. Dozier was not present. Mr. McManis noted the passing of his Uncle, adding that he was a longtime member of St. Adalbert’s Parish, and he will be dearly missed. Mr. Skoczen recognized the passing of Pope Francis, adding that he did a lot to serve the people and was an outstanding public servant. He offered prayers for his family, adding that he will be missed. CORRESPONDENCE The April 3, 2025 – April 16, 2025 Correspondence is available in the Clerk’s office. OTHER BUSINESS: Mrs. Esson issued reminders to Council Members about their Financial Disclosures and about the upcoming Planning Commission meeting. She then wished everyone a Happy Easter and blessed Easter season! 9 REGULAR COUNCIL MEETING – April 21, 2025 There being no further business before Council, it was moved by Mr. Zacharyasz, and seconded by Mr. Skoczen, that the Regular Council Meeting be adjourned. Vote on the motion was all ayes and no nays. The motion passed and President Maxwell declared the meeting adjourned at 8:48p.m. ______________________________________ Jim Maxwell President of Council ______________________________________ Alycia Esson Clerk of Council CERTIFICATE OF COMPLIANCE The regular meeting of Council of the City of Berea, Ohio, held on the 21st day of April, 2025, was conducted in compliance with Codified Ordinances Section 109 and Ohio Revised Code Section 121.22. ___________________________________ Alycia Esson Clerk of Council