Full Document
MINUTES OF A REGULAR COUNCIL MEETING May 19, 2025 – 7:30p.m. Council of the City of Berea, Ohio, met in regular session in the Council Chamber on May 19, 2025 and the meeting was called to order by President of Council Jim Maxwell at 7:38p.m. Present: Mary K. Brown, Erika Coble, Leon R. Dozier, Sr., Chris McManis, Rick Skoczen, and Lisa Weaver. Absent: Gene Zacharyasz. Also present: Mayor Cyril M. Kleem, Director of Public Works Tony Armagno, Director of Law and Public Safety Barb Jones, Director of Finance Andrea Morris, and Director of Economic Development Matt Madzy. 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 Mrs. Brown, seconded by Mr. Dozier, that the minutes from the May 5, 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 expressed his deepest sympathies to the family of Sgt. Ean Esposito, as well as the members of the Berea Police Department, adding that Ean was young, bright, friendly, dedicated and one of the best Officers with whom he has ever worked. He thanked the City staff and community for coming together and supporting one another. Mayor Kleem also offered his appreciation and congratulations to Officer Dave Kammerman who retired after 25 years of service, but will still be doing some part time work with the City. 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 had no report. Tony Armagno – Director of Public Service: Mr. Armagno stated that the Longbrooke Road Reconstruction project is moving along, with the first 4 caul-de-sacs nearly complete. Asphalt will be poured later this week, and all residents will then be back in their driveways. He noted that there have been issues with cable lines running below the pavement in unexpected and unmarked locations, thus many have been cut. The City did meet with the cable companies so that these issues can be avoided in Phase 2, which will begin soon. 2 REGULAR COUNCIL MEETING – May 19, 2025 Mr. Maxwell asked why the lines were not marked correctly, and Mr. Armagno responded that the cable companies did not think the lines were where they were found. The City worked with the gas company to lower their lines, because those lines were determined to be through the streets, but even the cable companies were surprised by the location in which their lines were discovered. Mr. Skoczen asked if the cable companies will bill the City, and Mr. Armagno stated that every time a line is hit, a claim has to be submitted, and they may try to send the City a change order. In response to another question from Mr. Skoczen, Mr. Armagno said that he would determine why the finishes on aprons are not identical on the 4 caul-de-sacs. Mr. Armagno reminded Council that the City submitted an application to the County Council for funding through a community development program for the City’s outdoor pool house. The City was recommended to receive the funding, and referred to second reading, thus the word is very positive. The grant would cover half the total cost of the $600,000 project, with the rest being funded by the donation from Mayor Kafer’s sister. Mr. Armagno informed Council that the submittal deadlines for the CDBG and CDSG programs are much earlier this year, thus legislation is forthcoming. Mr. Armagno said the City did not receive the NOACA grant for the sidewalk by the downtown townhouses, but he and Mr. Madzy received feedback on the application and were given other ideas for funding. In short, the City was asking for a lot of money for not a lot of sidewalk. Mr. Armagno concluded his report by stating that the trash collection contract is coming up, but the City has 3 options years, and is likely going to utilize the first option due to the fact that the pricing will be a lot better than if the City begins a new contract. Mr. Dozier inquired about the old Burger King and if it will be torn down, and Mr. Madzy replied that he has had a lot of conversations about this property and there is interest to do something with it in conjunction with District 46, but it is a slow moving process. Exterior Maintenance is working on the grass situation. Marty Compton – Director of Recreation: Mr. Compton was not present. COMMENDATIONS: NONE PETITIONS: NONE AUDIENCE PARTICIPATION: The residents at 51 Whitehall Drive were present to discuss the open burning being done by their neighbor. They stated that the fumes are seriously harming them, and the burning needs to stop. Mrs. Jones stated that the fires comply with open burning laws, thus the best course of action is to consider a private nuisance complaint. She continued by noting that this situation 3 REGULAR COUNCIL MEETING – May 19, 2025 meets the definition of a private nuisance, because even though the neighbor may be doing legal burning, it is impacting the peaceful enjoyment of their property. Mr. Maxwell clarified that the property owners can pursue civil action, while the City considers amending the Code. The property owners continued by stating that their neighbor is also spraying dangerous chemicals, and seems to be ignorant of the complications that these open burns and chemicals can cause. The property owners also asked that the City amend the snow removal waiver that Seniors have to sign because while, oftentimes, good people do the work, there have been instances where their property has been damaged, potentially due to inherent prejudices. She reiterated that the waiver of liability for negligence should be removed. COUNCIL COMMITTEE REPORTS AND ANNOUNCEMENTS: Mrs. Brown noted that she, as well as Councilwoman Coble and Councilwoman Weaver, met with Mr. Armagno, Ryan Theberge, and 4 residents regarding treacherous sidewalks around the City and how best to address the issue of fixing them. She asked that Council Members identify the worst sidewalks in their Wards, while a funding source is investigated and, hopefully, identified. Mrs. Brown stated that the next meeting will be in 60 days, and in the meantime, she hopes to see how other Cities handle sidewalk maintenance and repair, and perhaps work to get an intern from Baldwin Wallace to assist on this project. Berea Shade Tree Commission – Erika Coble & Gene Zacharyasz Mrs. Coble thanked the representatives of District 46 for adopting changes to their selected shade trees in order to diversify the City’s inventory. Mrs. Weaver and Mrs. Coble informed the listening audience that they will be meeting in the Council Chamber on May 22, 2025 at 3:30pm about the issue of short term rentals, and various concerns that have been brought to their attention. 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. Moved by Mr. Skoczen, seconded by Mr. McManis, that Ordinance No. 1-7 be adopted. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen and Weaver. Nays: None. The motion carried. 4 REGULAR COUNCIL MEETING – May 19, 2025 ORDINANCE NO. 4-1: AN ORDINANCE APPROVING DIGERONIMO DEVELOPMENT, AN AFFILIATE OF BEREA MIXED USE PROJECT, LLC, AND AUTHORIZED AGENT OF RENTAL ACQUISITIONS, LLC/BEREA STAGE II-A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND AMENDING THE ZONING MAP OF THE CITY OF BEREA BY REZONING THE AREA OF LAND TO BE KNOWN AS DISTRICT 46 TO PLANNED UNIT DEVELOPMENT / UPTOWN (UT) DISTRICT. The Clerk read the title of the Ordinance. General discussion commenced concerning changes to the list of shade trees, as requested by the Shade Tree Commission, and the exhibits regarding Planning Commission recommendations and waivers that should be attached before voting on the Ordinance. Mrs. Brown asked if anything had been decided regarding the R. B. Scott playground, and Mayor Kleem explained that the Browns have agreed to honor the history of the neighborhood in some way, although he does not know exactly what this looks like at present time. With regard to the playground, should there be a need for one in that area, the Administration is willing to look for space on City property and add new equipment, since the current equipment is not in good shape. Mr. Skoczen thanked the District 46 representatives for being available at meetings, as communication with the City and the public goes a long way. Moved by Mrs. Brown, seconded by Mr. Dozier, that Ordinance No. 4-1 be amended by the substitution of Ordinance No. 4-1a. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen and Weaver. Nays: None. The motion carried. Moved by Mrs. Brown, seconded by Mr. Skoczen, that Ordinance No. 4-1a be adopted. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen and Weaver. Nays: None. The motion carried. 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. Moved by Mr. McManis, seconded by Mrs. Brown, that Ordinance No. 4-2 be adopted. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen and Weaver. Nays: None. The motion carried. 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. 5 REGULAR COUNCIL MEETING – May 19, 2025 The Clerk read the title of the Resolution. Mr. Skoczen asked if there has been any change to the situation since the last meeting, and Mr. Madzy responded that no applications have been submitted, but there have been inquiries. Mrs. Brown reminded everyone that there already exist 15 places in the City that sell vape and/or e-cigarette products, so there will still be a lot of availability. Moved by Mr. McManis, seconded by Mrs. Brown, that Resolution No. 4-10 be approved. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen and Weaver. Nays: None. The motion carried. 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. Moved by Mr. Dozier, seconded by Mr. Skoczen, that Ordinance No. 4-11 be adopted. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen and Weaver. Nays: None. The motion carried. 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. Moved by Mrs. Brown, seconded by Mr. McManis, that Ordinance No. 4-12 be adopted. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen and Weaver. Nays: None. The motion carried. LEGISLATION – SECOND READING: ORDINANCE NO. 5-3a: AN ORDINANCE AUTHORIZING THE CITY TO ACCEPT TITLE TO CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY AND TRANSFER TITLE BACK TO THE CURRENT OWNER FOR THE PURPOSE OF IMPLEMENTING TAX INCREMENT FINANCING PURSUANT TO OHIO REVISED CODE SECTION 5709.41, THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS RELATED THERETO, AND DECLARING AN EMERGENCY. The Clerk read the title of the Ordinance. Mr. Madzy explained that there are properties that have never been owned by the City within District 46, and in order to be eligible to participate in the TIF program, the City must be in the chain of title. Therefore, this Ordinance transfers property from the developer to the City temporarily, and then back to the developer. Due to the necessity of transferring and retransferring property prior to voting on the TIF Ordinance, Mr. Madzy asked for suspension. 6 REGULAR COUNCIL MEETING – May 19, 2025 Moved by Mr. Dozier, seconded by Mrs. Brown, that the three-reading rule be suspended for Ordinance No. 5-3a. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen and Weaver. Nays: None. The motion carried. Moved by Mrs. Brown, seconded by Mr. McManis, that Ordinance No. 5-3a be adopted. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen and Weaver. Nays: None. The motion carried. ORDINANCE NO. 5-4: AN ORDINANCE AUTHORIZING THE PROVISION OF CERTAIN TAX EXEMPTIONS FOR THE PURPOSE OF ENCOURAGING ECONOMIC DEVELOPMENT WITHIN THE CITY; AUTHORIZING THE EXECUTION OF A MUNICIPAL INCOME TAX REIMBURSEMENT AGREEMENT, AND DECLARING AN EMERGENCY. The Clerk read the title of the Ordinance. Proposed Ordinance No. 5-4 stands on second reading. ORDINANCE NO. 5-5: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH BEREA MIXED USE PROJECT, LLC, OR AN AFFILIATE, TO PROVIDE FOR THE PAYMENT BY THE CITY OF BEREA, OF ALL ADMISSIONS TAXES CHARGED AND COLLECTED UNDER CHAPTER 193 OF THE CITY’S CODIFIED ORDINANCES AS PROVIDED IN THAT CERTAIN DEVELOPMENT AGREEMENT BETWEEN THE CITY AND BEREA MIXED USE PROJECT, LLC, AND TO EXECUTE ANY AND ALL DOCUMENTS RELATED THERETO, AND DECLARING AN EMERGENCY. The Clerk read the title of the Ordinance. Proposed Ordinance No. 5-5 stands on second reading. ORDINANCE NO. 5-6: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH BEREA MIXED USE PROJECT, LLC, OR AN AFFILIATE, TO PROVIDE FOR THE PAYMENT BY THE CITY OF BEREA, OF CERTAIN TAXES CHARGED AND COLLECTED UNDER CHAPTER 196 OF THE CITY’S CODIFIED ORDINANCES AS PROVIDED IN THAT CERTAIN DEVELOPMENT AGREEMENT BETWEEN THE CITY AND BEREA MIXED USE PROJECT, LLC, AND TO EXECUTE ANY AND ALL DOCUMENTS RELATED THERETO, AND DECLARING AN EMERGENCY. The Clerk read the title of the Ordinance. Proposed Ordinance No. 5-6 stands on second reading. LEGISLATION – FIRST READING: RESOLUTION NO. 5-7: A RESOLUTION ADOPTING THE TAX BUDGET OF THE CITY OF BEREA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2026, AND SUBMITTING THE SAME TO THE CUYAHOGA COUNTY FISCAL OFFICER. The Clerk read the title of the Resolution. 7 REGULAR COUNCIL MEETING – May 19, 2025 Proposed Resolution No. 5-7 stands on first reading. RESOLUTION NO. 5-8: A RESOLUTION ADOPTING THE SOLID WASTE MANAGEMENT PLAN FOR THE CUYAHOGA COUNTY SOLID WASTE MANAGEMENT DISTRICT. The Clerk read the title of the Resolution. Mr. Armagno explained that the City receives many benefits from the Solid Waste District, noting that they are not looking to raise fees through 2040. He referenced their fact sheet that includes benefits offered and services provided, as well as programs they hope to offer or expand. In response to a question from Mrs. Coble, Mr. Armagno said that he is open to working with the District in the future, should their expertise come in handy when the City is ready to explore trash collection options. Proposed Resolution No. 5-8 stands on first reading. ORDINANCE NO. 5-9: AN ORDINANCE DECLARING THE IMPROVEMENT TO CERTAIN PARCELS OF REAL PROPERTY WITHIN THE CITY TO BE A PUBLIC PURPOSE AND EXEMPT FROM TAXATION PURSUANT TO ORC SECTION 5709.41; PROVIDING FOR THE COLLECTION AND DEPOSIT OF SERVICE PAYMENTS; SPECIFYING THE PURPOSES FOR WHICH THOSE SERVICE PAYMENTS MAY BE EXPENDED; AUTHORIZING A SCHOOL COMPENSATION AGREEMENT WITH THE BEREA CITY SCHOOL DISTRICT; AUTHORIZING A TAX INCREMENT FINANCING AGREEMENT WITH BEREA MIXED USE PROJECT LLC OR AN AFFILIATE; AND DECLARING AN EMERGENCY. The Clerk read the title of the Ordinance. Mr. McManis referenced Section 4, asking for clarification on service and tax payments, and Mrs. Morris explained that instead of parcel owners paying property taxes that would go to the school and City, they will pay a service charge that will come to the City. Proposed Ordinance No. 5-9 stands on first reading. REPORT AND COMMENTS BY THE PRESIDENT OF COUNCIL Mr. Maxwell offered his congratulations to Officer Kammerman on 25 years of service to the City. REPORTS AND COMMENTS BY THE MEMBERS OF COUNCIL Mrs. Brown announced that Susan Hans will be awarded the Grindstone Award at the Grindstone Banquet on September 10, 2025 at the Aviator, and encouraged all Council Members to attend. Mrs. Coble acknowledged the passing of her neighbor, Vocata George, noting that a service was held over the weekend, and offering her condolences to the family. She added that Ms. George was a psychoanalyst, who choose to practice her skills in Berea, which is something to celebrate. 8 REGULAR COUNCIL MEETING – May 19, 2025 Mr. Dozier inquired about where to get rid of items that Kimble does not collect, such as paint and tires. Mr. Armagno stated that he would send him an informational pamphlet with options. Mr. McManis offered his condolences to the family of Sgt. Esposito, adding that the rows of people present to pay their respects were a testament to how much he was cared about and respected. Mr. McManis also congratulated Officer Kammerman on his retirement, adding that his daughters loved Officer Dave as their School Resource Officer. Mr. Skoczen echoed the comments of Mr. McManis, and referenced Sgt. Esposito’s service in the armed forces, as well, adding that he will be missed. Mr. Skoczen also acknowledged the Memorial Day holiday, noting that every day we should think about those serving, those who have served and those who gave their lives for our Nation and our freedom. Mrs. Weaver offered condolences to the family of Sgt. Esposito and congratulations to Officer Kammerman. Mr. Zacharyasz was not present. CORRESPONDENCE The May 1, 2025 – May 14, 2025 Correspondence is available in the Clerk’s office. OTHER BUSINESS: Mrs. Esson recognized the service and dedication of Sgt. Esposito, offering prayers to his family and fellow Officers. There being no further business before Council, it was moved by Mrs. Brown, and seconded by Mr. Dozier, 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 9:19p.m. ______________________________________ Jim Maxwell President of Council ______________________________________ Alycia Esson Clerk of Council 9 REGULAR COUNCIL MEETING – May 19, 2025 CERTIFICATE OF COMPLIANCE The regular meeting of Council of the City of Berea, Ohio, held on the 19th day of May, 2025, was conducted in compliance with Codified Ordinances Section 109 and Ohio Revised Code Section 121.22. ___________________________________ Alycia Esson Clerk of Council