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MINUTES OF A REGULAR COUNCIL MEETING September 2, 2025 – 7:30p.m. Council of the City of Berea, Ohio, met in regular session in the Council Chamber on September 2, 2025 and the meeting was called to order by President of Council Jim Maxwell at 7:30p.m. Present: Mary K. Brown, Erika Coble, Leon R. Dozier, Sr., Chris McManis, Rick Skoczen, Lisa Weaver and Gene Zacharyasz. Also present: Mayor Cyril M. Kleem, Director of Public Service 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 June 16, 2025 Public Hearing be approved. Vote on the motion was all ayes and no nays. The motion carried. Moved by Mrs. Brown, seconded by Mr. Dozier, that the minutes from the June 16, 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 welcomed Council back in to session, announced that improvements will soon begin at the Police Station, but the work will be done in phases, and then turned the floor over to Ohio Representative Mike Dovilla who explained the status of H.B. 109 and Senate Bill 104, both of which deal with short term rentals. As of now, both bills remain in committee, but he noted that there are strong views on both sides. He encouraged Council to review the legislation, but reminded the public that it is a long legislative process. 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 Officer Doug Pyle on his retirement, and welcomed the City’s newest Officer. Mrs. Brown stated that she heard Strongsville is moving to the Valley Dispatch Service, and asked if that contributed to the Administration’s decision to change the regional dispatch center. Mrs. Jones responded that Berea was not told that Strongsville was switching, but when the City informed them we were looking to make a change last Fall, they were looking as well. 2 REGULAR COUNCIL MEETING – September 2, 2025 Tony Armagno – Director of Public Service: Mr. Armagno updated Council on the status of a variety of City projects, beginning with the Longbrooke reconstruction, explaining that all the paving is done, and what remains includes grass restoration, punch-list items and the relocation of some cable lines. With regard to the Adrian project, Phase I is nearing completion, and all residents are back in their driveways. The gas company has been mobilizing to start Phase II, which is the larger part of the project. The new water tank is nearing completion and should be online in the next few weeks, the Front Street project is moving quickly, as work is being done to the sidewalks and ADA ramps on the western side of the street, but they will flip to the east side soon, and bids have been opened for the Edgewood resurfacing project, with a pre-construction meeting being held next week. The project will be completed by the end of the year. With regard to the Adrian project, Mr. Maxwell inquired whether residents on Anne and Pattie will be denied access to their driveway during the winter months. Mr. Armagno replied that access may be restricted for short periods of time, but paving will likely not start until the Spring, so residents should be fine. Mr. Skoczen said that a portion of Prospect Road in Strongsville is being repaved, and asked that no one forget about the rest of Berea’s portion. He then asked about traffic concerns on Sprague Road. Mr. Armagno stated that NOACA updates traffic counts every 2 to 3 years, and uses this as a tool to make necessary changes and improvements. In response to a question from Mrs. Weaver, Mr. Armagno stated that many residents on Edgewood are already aware of the project, but a letter will go out following the pre-construction meeting. Mrs. Brown referenced the repairs to South Rocky River Drive, and Mr. Armagno clarified that this was asphalt rejuvenation, which is a process that helps asphalt remain flexible and prolong its decent condition. Funding came from the County, and the entire process takes about one day. In response to a question from Mrs. Brown, Mr. Armagno said that this technique could not be applied to Prospect because it only works on asphalt that is, at minimum, in decent condition. Mrs. Brown thanked Mr. Armagno and the Service Department for repairing the ADA ramps on Cross Street and the railing at City Hall, and confirmed that the current water tank will remain in use and is in good condition. Marty Compton – Director of Recreation: Mr. Compton was not present. COMMENDATIONS: RESOLUTION NO. 9-1 : A RESOLUTION HONORING, COMMENDING AND CELEBRATING SUSAN HANS ON BEING NAMED THE 2025 RECIPIENT OF THE BEREA CHAMBER OF COMMERCE GRINDSTONE AWARD. 3 REGULAR COUNCIL MEETING – September 2, 2025 The Clerk read the title of the Resolution. Moved by Mrs. Brown, seconded by Mr. Skoczen, that Resolution No. 9-1 be approved. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. RESOLUTION NO. 9-2 : A RESOLUTION HONORING AND CELEBRATING THE 2025 RECIPIENTS OF THE BEREA CHAMBER OF COMMERCE COURTESY AWARD. The Clerk read the title of the Resolution. Mrs. Brown congratulated the recipients of the Courtesy Award: Melissa Haskins-Berger, Lyndon Johnson, Stephanie Kronika, Maria Salmen and Linda Kramer. Mrs. Brown noted that she has been on Council a long time, and Mrs. Kramer is someone she can go to with questions and concerns, and Linda is always so responsive and resourceful. Moved by Mrs. Brown, seconded by Mr. Dozier, that Resolution No. 9-2 be approved. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. RESOLUTION NO. 9-3 : A RESOLUTION HONORING AND CELEBRATING THE 2025 RECIPIENTS OF THE BEREA CHAMBER OF COMMERCE FUTURE LEADER AWARD. The Clerk read the title of the Resolution. Mrs. Brown congratulated the recipients of the Future Leader Award: Emmy Fleming, Emma Rivera and Elizabeth Chen. Moved by Mrs. Brown, seconded by Mr. McManis, that Resolution No. 9-3 be approved. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. RESOUTION NO. 9-4 : A RESOLUTION HONORING AND CELEBRATING THE 2025 RECIPIENT OF THE BEREA CHAMBER OF COMMERCE RISING STAR AWARD. The Clerk read the title of the Resolution. Mrs. Brown congratulated Bridge Street Local, asking that people support local businesses. Moved by Mrs. Brown, seconded by Mr. McManis, that Resolution No. 9-4 be approved. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. RESOLUTION NO. 9-5 : A RESOLUTION HONORING AND CELEBRATING THE 2025 RECIPIENT OF THE BEREA CHAMBER OF COMMERCE LEGACY AWARD. The Clerk read the title of the Resolution. 4 REGULAR COUNCIL MEETING – September 2, 2025 Mrs. Brown congratulated Polaris Career Center, adding that this year also marks the celebration of their 50th Anniversary. Moved by Mrs. Brown, seconded by Mr. Dozier, that Resolution No. 9-5 be approved. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. PETITIONS: Tina Clemons, a resident on South Rocky River Drive, submitted a petition imploring Council to regulate short term rentals within the City of Berea. She thanked the Council Members who have been working on this issue over the summer months, adding that she is meeting with Mayor Kleem, as she hopes these regulations can be a collaborative effort between everyone who wants what is best for the City. Mayor Kleem thanked Ms. Clemons for being present this evening, adding that he has communicated with some members of his staff on this issue, as well as both Council Members and residents, and is supportive of the proposed legislation. He continued that while there may be other steps the City could take, he needs to ensure they are legal and enforceable. AUDIENCE PARTICIPATION: Jim Becker, a resident from Tabor Ridge, formally requested that electronic surveillance be required for all apartment complexes that have 5 or more units, and that these cameras be installed in parking lots, as well as entrances and exits to properties. He would also like the Safety Director to do surprise exterior inspections regarding the safety of the premises. Mayor Kleem gathered a bit of additional information from Mr. Becker on this matter. COUNCIL COMMITTEE REPORTS AND ANNOUNCEMENTS: Court Committee – Chris McManis, Chair Mr. McManis announced that Judge Kilbane and Clerk of Court DeMio will be present at the September 8, 2025 Work Session. Berea Shade Tree Commission – Erika Coble & Gene Zacharyasz Mrs. Coble announced that the City has received a grant to plant 200 trees in the Barrett and Nobottom neighborhoods, adding that the application ranked 7 out of 28 in the County. She noted that the next meeting will be held on September 18, 2025. Woodvale Union Board of Trustees – Jim Maxwell Mr. Maxwell announced that Joe Giaimo is retiring, but has agreed to see the expansion through, even returning next Summer to do the necessary pinning, which will save both Cities a lot of money. With regard to the expansion, Fabrizi returned the most responsive bid and came highly recommended by many. The project will begin this week and should be completed by June of 2026. 5 REGULAR COUNCIL MEETING – September 2, 2025 LEGISLATION – THIRD READING: RESOLUTION NO. 6-5: A RESOLUTION AUTHORIZING THE MAYOR TO MAKE APPLICATION FOR AND, IF AWARDED, TO ENTER INTO A COOPERATION AGREEMENT WITH THE COUNTY EXECUTIVE OF CUYAHOGA COUNTY, OHIO, AND THE DEPARTMENT OF DEVELOPMENT FOR A GRANT THROUGH THE 2026 COMMUNITY DEVELOPMENT SUPPLEMENTAL GRANT (CDSG) PROGRAM AND TO ADVERTISE FOR BIDS AND ENTER INTO ONE OR MORE CONTRACTS FOR THE PURPOSES SPECIFIED IN THE CDSG AGREEMENT, AND DECLARING AN EMERGENCY. The Clerk read the title of the Resolution. Proposed Resolution No. 6-5 stands on third reading. ORDINANCE NO. 6-6: AN ORDINANCE AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY TO THE FISCAL OFFICER OF CUYAHOGA COUNTY UNPAID WATER AND/OR SEWER RENTAL CHARGES AND/OR OTHER MISCELLANEOUS CHARGES FOR LEVY AND COLLECTION ACCORDING TO LAW, AND DECLARING AN EMERGENCY. The Clerk read the title of the Ordinance. Mrs. Morris explained that this is an annual housekeeping piece, adding that there is over $900,000 outstanding from 719 parcels, with a nuisance listing that is mostly comprised of grass cutting fees. 66.2% of those listed have been repeatedly certified, and thus the City does have ideas to try to get people back on track including monthly payments and budget billing. Mr. Maxwell confirmed that these outstanding fees will be paid before the properties can be sold, and Mrs. Morris said that the City will not turn off water, but does add a penalty of 20% in addition to 18% interest. These are both set by the State. Moved by Mrs. Brown, seconded by Mr. McManis, that Ordinance No. 6-6 be adopted. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. LEGISLATION – SECOND READING: NONE LEGISLATION – FIRST READING: RESOLUTION NO. 9-6: A RESOLUTION OF THE CITY OF BEREA, OHIO, SUPPORTING THE OHIO COMMISSION FOR THE UNITED STATES SEMIQUINCENTENNIAL (AMERICA250-OH). The Clerk read the title of the Resolution. Mrs. Coble stated that the Berea Historical Society approached her regarding the celebration of the 250th Anniversary of the United States of America. The State is hosting this project and asking local municipalities to develop their own celebrations that recognize their heritage and history. Berea, Middleburg and Brook Park are collaborating on this project. Mr. Maxwell asked that Council support this Resolution as it begins a process and was requested by Dennis Kushlak, a man who does so much for the City. 6 REGULAR COUNCIL MEETING – September 2, 2025 Moved by Mrs. Brown, seconded by Mr. Zacharyasz, that Resolution No. 9-6 be approved. Vote on the motion was ayes: Brown, Coble, Dozier, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. RESOLUTION NO. 9-7: A RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY FISCAL OFFICER. The Clerk read the title of the Resolution. Resolution No. 9-7 stands on first reading. ORDINANCE NO. 9-8: AN ORDINANCE REPEALING AND REPLACING CHAPTER 1331, RESIDENTIAL RENTAL PROPERTY PERMITS, OF THE CODIFIED ORDINANCES OF THE CITY OF BEREA TO INCLUDE REGISTRATION REQUIREMENTS AND PROCEDURES FOR BOTH LONG-TERM AND SHORT-TERM RESIDENTIAL RENTAL PROPERTIES. The Clerk read the title of the Ordinance. Mrs. Jones briefly explained the components of the Ordinance, noting distinctions between short term and long term rentals, the institution of a reinstatement fee if a permit is revoked, the inclusion of a streamlined appeal process that will afford owners due process and added, as a nuisance, parking provisions that occur on the property. She continued that a permit will be required, as will posted provisions for tenants. Mayor Kleem stated that he and Mrs. Brown discussed this Ordinance at length, and Mrs. Jones clarified that permits could be revoked per the criminal nuisance laws. Owners could be charged a minimum of $750 per visit, and perhaps more depending on the resources used. The property would become a nuisance if it receives 3 legitimate nuisance complaints in a 24-month period. General discussion commenced concerning how the criminal nuisance section is enforced, and while laborious, it is effective. Mrs. Coble said that these regulations will be of benefit to those neighborhoods that are not as collaborative as her own, and asked that there be more of a separation between short term and long term rentals. Mrs. Weaver encouraged people to consider how short term rentals impact the fabric of the community. Rob Shurell, a resident of Seminary Street, said that he felt this issue to be salient for the City because the reason he loves Berea is that, here, people know their neighbors and value community. The quality of neighborhoods is at stake because short term rentals are more of a business, often run by people who do not live here and offer no value to the City. He hoped that Council would help keep businesses out of neighborhoods and curb the issue before it gets out of hand. Mrs. Jones explained that the issue of a business in a residential neighborhood was 7 REGULAR COUNCIL MEETING – September 2, 2025 considered by the Courts, and the Courts have taken a look at the underlying uses of properties. If they are being used for sleeping or as a place of dwelling, they have been found to be compatible with a residential area. General discussion commenced regarding whether the City’s Zoning Code could be amended to define short term rentals as commercial enterprises, and Mrs. Jones said that, while possible, existing short term rentals would then become legal non-conforming uses. Mayor Kleem reminded everyone that Home Occupations are already allowed in residential neighborhoods because not all commercial uses are incompatible with residential neighborhoods, and that is what Courts will consider. He recognized a difference between hotels and short term rentals, noting that hotels are huge and involve many people and traffic issues, amongst other things. He recognized, however, that some short term rentals could be incompatible. Holly Porter said that she understands how people feel about this issue, but agrees that any regulations must be able to be upheld in Court. She asked if a moratorium could be beneficial, but Mayor Kleem stated that it would not apply to current short term rentals. Jennifer Boyer, a resident on Stanford, stated that a Home Occupation is different from a short term rental because the homeowner is present in the former but not the latter, which is the issue. Mayor Kleem felt that was reasonable, but said that case law on the topic is not settled. He asked Council to approve the Ordinance, adding that conversations should continue. Kathryn Brown, a resident on Gibson Street, said that she loves Airbnbs, but they have a clear relationship to available housing for renters and owners, and asked Council to consider the housing stock. Ms. Clemons asked if a bed tax is included in the legislation, and Mr. Maxwell responded in the negative. She then explained that Evolve is an organization that monitors and regulates short term rentals throughout the world, and handles enforcement. She encouraged everyone to become familiar with this organization and added that the Internal Revenue System considers short term rentals to be businesses. Mrs. Brown stated that she would not support suspension on this Ordinance, as revisions may be forthcoming, but said that this legislation is a start, adding that not all short term rentals negatively impact neighborhoods. She utilizes short term rentals when she travels and enjoys them with her family. Both short term and long term rentals bring positive things to communities, as well. Proposed Ordinance No. 9-8 stands on first reading. ORDINANCE NO. 9-9: AN ORDINANCE REPEALING AND REPLACING SECTION 311.06, REQUIREMENTS UPON SALE OF PROPERTY; DUTY OF SELLER AND ESCROW AGENT; BUYERS RIGHTS, OF CHAPTER 311, WATER SUPPLY, OF THE CODIFIED ORDINANCES OF THE CITY OF BEREA. The Clerk read the title of the Ordinance. Mrs. Morris explained that sellers have the duty to provide buyers with the status of their 8 REGULAR COUNCIL MEETING – September 2, 2025 water and sewer bills, and when Section 311.06 of the Codifies Ordinances of the City was last amended, the part about instituting a charge for the report was not included. This Ordinance would put the appropriate wording back in to the Ordinance. In response to a question, Mrs. Morris said that this fee is not a penalty, but rather an administrative charge of $25 for the report. Ordinance No. 9-9 stands on first reading. REPORT AND COMMENTS BY THE PRESIDENT OF COUNCIL Mr. Maxwell had no report. REPORTS AND COMMENTS BY THE MEMBERS OF COUNCIL Mr. McManis had no report. Mr. Skoczen stated that he is finalizing the date of his Ward 5 meeting. He then recognized the upcoming commemoration of the 24th anniversary of September 11th , adding that we must never forget. Mrs. Weaver thanked everyone working on the short term rental regulations. Mr. Zacharyasz had no report. Mrs. Brown encouraged everyone to attend the Berea Arts Fest on September 14, 2025, thanked Mr. Armagno for his assistance with the Sidewalk Group and asked Council to keep walking their streets, and invited all to the Grindstone Award Banquet at the Aviator on September 10, 2025, as well as the Chamber Meet and Greet with Baldwin Wallace President Lee Fisher on September 18, 2025. Mrs. Coble stated that she has been attending Fair Board meetings in order to develop a relationship with them, adding that the County Executive took a tour of the grounds and recognized that they owed the Fairgrounds money which is forthcoming. She noted that 73,982 people attended the Fair this Summer, and announced that the Magic Lights Christmas presentation will be replaced by a German Christmas Market. She concluded by stating that she has a meeting scheduled with Lee Fisher. Mr. Dozier had no report. CORRESPONDENCE The Juen 12, 2025 – August 27, 2025 Correspondence is available in the Clerk’s office. OTHER BUSINESS: Mr. Maxwell reminded everyone about next week’s Work Session. 9 REGULAR COUNCIL MEETING – September 2, 2025 There being no further business before Council, it was moved by Mrs. Brown, and seconded by Mr. McManis, 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 10:23p.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 2nd day of September, 2025, was conducted in compliance with Codified Ordinances Section 109 and Ohio Revised Code Section 121.22. ___________________________________ Alycia Esson Clerk of Council