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MINUTES OF A REGULAR COUNCIL MEETING December 15, 2025 – 7:30p.m. Council of the City of Berea, Ohio, met in regular session in the Council Chamber on December 15, 2025 and the meeting was called to order by President of Council Jim Maxwell at 7:30p.m. Present: Mary K. Brown, Erika Coble, Chris McManis, Rick Skoczen, Lisa Weaver and Gene Zacharyasz. Absent: Leon R. Dozier, Sr. 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 Mrs. Brown, seconded by Mr. Zacharyasz, that the minutes from the December 1, 2025 Regular Meeting be approved. Vote on the motion was all ayes and no nays. The motion carried. MAYOR'S ADMINISTRATIVE REPORT AND COMMENTS Mayor Kleem thanked Megan Pochatek, the Special Events staff, and the Service Department crews for an incredible Jack Frost Festival, adding a special note of appreciation to the Berea City Club for placing over 100 beautiful Christmas trees around the downtown area and Coe Lake. Mayor Kleem recognized State Representative Mike Dovilla who was present this evening. Rep. Dovilla thanked Mrs. Brown and Mr. Dozier for their many years of service to the City in their roles as Council Members, and presented them with Commendations from the Ohio House of Representatives. Mayor Kleem wished everyone a Merry Christmas and Happy Holidays! REPORT AND COMMENTS BY THE OFFICERS OF THE ADMINISTRATION: Andrea Morris – Director of Finance: Mrs. Morris had no report, but wished everyone Happy Holidays! Barb Jones – Director of Law & Public Safety: Mrs. Jones announced that the transfer to the new Dispatch system went well, with only minor issues. Tony Armagno – Director of Public Service: Mr. Armagno provided a brief update on the power outage at 55 Barrett, and then addressed several projects, including the resurfacing of Coe Street, the next phase of Adrian and 2 REGULAR COUNCIL MEETING – December 15, 2025 the Jaqueline project, adding that notices went out to residents in the neighborhood regarding the necessary work that must be done prior to resurfacing. In response to a question from Mr. Skoczen regarding watermain breaks, Mr. Armagno stated that he was not aware of certain issues, but encouraged concerned residents to contact the Water Plant. Mrs. Brown inquired about the power outage at Tower in the Park, and Mr. Armagno replied that it is his understanding that it was a CEI transformer issue, and it only affected the one building. Marty Compton – Director of Recreation: Mr. Compton was not present. COMMENDATIONS: None PETITIONS: None AUDIENCE PARTICIPATION: Bruce McLaughlin, a resident of the City, thanked everyone for supporting the Kiwanis Club’s pancake breakfast! Andrew Cate, a resident on Maplelawn Drive, was present to address sewer issues on this property. After moving to the City in 2019, large storms and heavy rainfall caused flooding through the foundation of his basement, as well as sanitary back-up. Upon investigation, it was determined that this was the result of the sanitary lines not being where they are required to be, and the fact that many downspouts and footer drains in his neighborhood connect to the sanitary sewer. While he has spent thousands of dollars waterproofing his basement and disconnected his downspouts, water is still getting in to his basement. Mr. Cate informed Council that both the Ohio EPA and the City of Berea have acknowledged that stormwater connections to the sanitary sewers is not legal, thus most houses in his neighborhood are currently not Code compliant. He questioned whether this is common knowledge and how widespread the issue may be throughout the City. Mr. Cate explained that he applied for a permit to replace his sanitary line and asked if his stormwater could tie in to the City sewer, and Mr. Armagno and Mr. Theberge went out to his property, but would not allow the storm connection at the right-of-way. He was given the option to pump his yard, which could flood other properties, or convince his neighbor to allow his stormwater to flow through the fenced in yard to another connection. Neither of these options are viable or reasonable without an easement being granted, so he remains with the issue of needing a tie-in at the street. He asked Council if the City has a plan to address the lack of Code compliance, if any grants are available for storm sewer tie-ins, and added that residents of the City pay a lot in water and sewer fees, so he hopes there is a way to find a solution and get some help, as he wants to raise his family here at a sanitary and Code compliant property. Mr. Armagno explained the City policy that does not allow tie-ins to residents upon request, as they are not available in many parts of the City. In addition, some would require a 3 REGULAR COUNCIL MEETING – December 15, 2025 street opening, which is extremely expensive and intensive. As it stands, about 50% of Berea properties have this issue because, back when developments were constructed, the laws regarding storm and sanitary sewers were different. In addition, this is not a common trench issue, as was discovered on the North End. General discussion commenced concerning Mr. Cate’s options, and Mrs. Coble asked if the City has a plan to address this moving forward. Mr. Armagno said that there is no master plan, and situations are dealt with on a case by case basis. Mayor Kleem presented a couple of ideas, and Council discussed them, as well as clarified some information, and Mr. Maxwell stated that since Mayor Kleem suggested that Mr. Armagno and Mr. Cate continue this discussion together, he will end it now, with the hope that a solution can be found. COUNCIL COMMITTEE REPORTS AND ANNOUNCEMENTS: Woodvale Union Cemetery Board of Trustees – Jim Maxwell Mr. Maxwell stated that while the expansion project is on hold until next year, roads may be installed over the winter months, if the weather cooperates. LEGISLATION – THIRD READING: ORDINANCE NO. 11-9: 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. 2025-71. The Clerk read the title of the Ordinance. Mrs. Morris explained that while there are many changes, they are mostly adjustments for actual year end expenditures and revenues, or due to reallocation of funds and project carry- overs. She then highlighted amendments to the following funds: General Fund #100, Muni Court Operations Fund #181, Recreation Fund #200, Municipal Income Tax Fund #205, State Highway Fund #210, S.C.M.R. Fund #220, Police Pension Fund #240, Safe Student Fund #241, Community Hospital Fund #255, Community Development Block Grant Fund #260, Probation Services Fund #284, Theft Diversion Fund #287, Court Computer Fund #290, Court Special Projects Fund #293, General Capital Improvement Fund #400, Sewer Capital Improvement Fund #420, Water Capital Improvement Fund #440, Recreation Capital Improvement Fund #450, Neighborhood Improvement Fund #480, Water Meter Improvement Fund #490, Water Revenue Fund #510, Medical Benefits Fund #600, Prop/Liability Insurance Fund #610, Total Worker’s Compensation Fund #620, Board of Building Standards Fund #750, and Muni Court Community District Fund #770. Mayor Kleem thanked Mrs. Morris and her staff for the work they did this year, adding that the year end balances of the General Fund, General Fund Designate and Municipal Income Tax Fund, funds he projected may decrease this year, actually remained about the same, even with pay increases and capital improvements. He is pleased that revenues are strong. 4 REGULAR COUNCIL MEETING – December 15, 2025 Moved by Mrs. Brown, seconded by Mr. Skoczen, that Ordinance No. 11-9 be adopted. Vote on the motion was ayes: Brown, Coble, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. ORDINANCE NO. 11-10: AN ORDINANCE TO MAKE TEMPORARY APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES FROM THE VARIOUS FUNDS OF THE CITY OF BEREA, STATE OF OHIO, FROM JANUARY 1, 2026, ENDING MARCH 31, 2026. The Clerk read the title of the Ordinance. Mrs. Morris reminded everyone that these are mainly estimates, and include payroll, as well as projects slated for the first three months of the new year. Mayor Kleem referenced Councilman-Elect Vance Redding’s work to get a pedestrian access path to the Metroparks from Grayton Road on the North End, thus the City’s portion of the project is included in the temporary budget. Moved by Mrs. Brown, seconded by Mr. Skoczen, that Ordinance No. 11-10 be adopted. Vote on the motion was ayes: Brown, Coble, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. LEGISLATION – SECOND READING: RESOLUTION NO. 12-1: A RESOLUTION DIRECTING THE MAYOR TO SET, ADOPT AND IMPLEMENT STANDARDS SAFEGUARING AGAINST CYBERSECURITY THREATS AND RANSOMEWARE ATTACKS, AND DECLARING AN EMERGENCY. The Clerk read the title of the Resolution. Moved by Mr. Skoczen, seconded by Mr. McManis, that Council move into Executive Session in accordance with Section 121.22 of the Ohio Revised Code in order to discuss details relative to the cybersecurity arrangements and emergency response protocols for a public body or a public office, if disclosure of the matters discussed could reasonably be expected to jeopardize the security of the public body or public office, pursuant to O.R.C. Section 121.22(G)(6) and Codified Ordinance Chapter 109. Vote on the motion was ayes: Brown, Coble, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried and Mr. Maxwell declared a brief recess at 8:47p.m. to allow time for the press, as well as members of the audience, to exit the Chamber. Regular session resumed at 9:11p.m. Moved by Mr. Skoczen, seconded by Mr. McManis, that the three-reading rule be suspended for Resolution No. 12-1. Vote on the motion was ayes: Brown, Coble, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. Moved by Mr. McManis, seconded by Mr. Zacharyasz, that Resolution No. 12-1 be approved. Vote on the motion was ayes: Brown, Coble, McManis, Skoczen, Weaver and Zacharyasz. Nays: None. The motion carried. 5 REGULAR COUNCIL MEETING – December 15, 2025 LEGISLATION – FIRST READING: ORDINANCE NO. 12-2: AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ADVERTISE FOR BIDS AND ENTER INTO ONE OR MORE CONTRACTS FOR THE MERRIMAK DRIVE RECONSTRUCTION PROJECT, AND DECLARING AN EMERGENCY. The Clerk read the title of the Ordinance. Proposed Ordinance No. 12-2 stands on first reading. REPORT AND COMMENTS BY THE PRESIDENT OF COUNCIL Mr. Maxwell congratulated all who worked to pull off the incredible Jack Frost Festival which brought people from all over in to Berea. Mr. Maxwell thanked Mrs. Brown for her many years of service, dedication to the community, and for filling in for him as President Pro Tempore. He wished her well! REPORT AND COMMENTS BY THE MEMBERS OF COUNCIL Mr. McManis congratulated all who were involved with the Jack Frost Festival, wished everyone a fun and safe holiday, and thanked Mrs. Brown and Mr. Dozier for their service to the City! Mr. Skoczen also commented on the tremendous Jack Frost Festival, thanked Mrs. Brown for showing him the ropes when he started on Council, and wished everyone a Merry Christmas and a happy and healthy New Year! Mrs. Weaver thanked Mrs. Brown, adding that it has been an honor and pleasure to serve with her. She also recognized Mr. Dozier, stating that he is a kind and gentle man and it has been great to work with him. She then wished everyone a Merry Christmas and Happy Holidays! Mr. Zacharyasz wish everyone a Merry Christmas & Happy New Year! Mrs. Brown announced the Chamber’s Let It Glow, which is a special event throughout Berea and runs until the end of the year. She stated that she will remain involved with the sidewalk committee, as Mrs. Coble takes the lead. Mrs. Brown then addressed her departure from Council, adding that she does not think she is done, but has a lot planned for the coming year! She wished the new Members much luck, adding that the work of a Council Member is intense, but very fulfilling. She concluded by saying that she will “see ya’ in Berea”. Mrs. Coble announced that Gene and his local business are creating apparel for the America250 celebration and invited everyone to the planning meetings which occur the third Wednesdays of the month at the Berea Historical Society. She added that she will miss working with Mrs. Brown, and concluded by thanking her for her service to the City. Mr. Dozier was not present. 6 REGULAR COUNCIL MEETING – December 15, 2025 CORRESPONDENCE The November 26, 2025 – December 10, 2025 Correspondence is available in the Clerk’s office. OTHER BUSINESS: Mrs. Esson announced that the Inauguration of the new City Council will take place at 1:00p.m. on Sunday, January 4, 2026 in the upstairs Courtroom. She thanked Judge Kilbane for agreeing to allow Council to use the space! Mrs. Esson then thanked Mrs. Brown, adding that she will be missed, and to Mr. Dozier, she stated, “God Bless you, buddy!” Mrs. Esson concluded by wishing all a Merry Christmas, Happy Hannukah, Happy Holidays and Happy New Year! There being no further business before Council, it was moved by Mrs. Brown 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 9:24p.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 15th day of December, 2025, was conducted in compliance with Codified Ordinances Section 109 and Ohio Revised Code Section 121.22. ___________________________________ Alycia Esson Clerk of Council