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MONDAY, JUNE 16, 2025 SPECIAL COMMITTEE MEETING- 6:30 PM CAUCUS | COUNCIL MEETING - 7:00 PM COUNCIL CHAMBERS (CITY HALL) SPECIAL COMMITTEE MEETING MEETING CALLED TO ORDER ENVIRONMENT, PUBLIC WORKS, PLANNING, ZONING & DEVELOPMENT Councilman Minek, Chair | Councilwoman Mann, Vice Chair ORD. 25-27 Adopting County Solid Waste Management Plan Presentation by Cuyahoga County Solid Waste District – Jessica Fenos, Assistant Director FINANCE Councilwoman King, Chair | Councilwoman Greenfield, Vice Chair ORD. 25-40 Authorizing Submission and Administration of 2026 CDBG Municipal Grant Application BOARDS & COMMISSIONS REPORTS ROUNDTABLE ORD. 25-__ Authorizing Re-advertising for Bids and Contract for West 225 Street Sewer Repair Work ORD. 25-__ Requesting Additional Funding for Sewer Televising COUNCIL MEETING MEETING CALL TO ORDER | MOMENT OF SILENT PRAYER | PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES Council Regular Meetings of March 17, April 7, 21, May 5 and May 19, 2025 WRITTEN COMMUNICATIONS, PETITIONS AND CLAIMS COMMITTEE REPORTS Local Government & Community Services – Councilwoman Wering, Chair | Councilman Simmerly, Vice Chair Finance – Councilwoman King, Chair | Councilwoman Greenfield, Vice Chair Continued on next page
~ LEGISLATIVE AGENDA ~ AUDIENCE INPUT ON LEGISLATION UP FOR PASSAGE LEGISLATION UP FOR THIRD READING AND FINAL PASSAGE COUNCILMAN MINEK ORD. 25-27 Adopting County Solid Waste Management Plan ORD. 25-28 Authorizing Application for Certification by ArbNet for Bain Park Arboretum ORD. 25-29 Authorizing RFPs and Contract for Professional Services for Safe Routes to School Program COUNCILWOMAM WERING ORD. 25-30 Amending Section 929.06 Solid Waste Collection Charges Expiration Date COUNCILWOMAN KING ORD. 25-31 2025 Salary Structure and Wage Ordinance_Non Union Employees ORD. 25-32 Accepting Grant and Authorizing Installation of New Playground at Bohlken Park ORD. 25-33 Authorizing 2025 NatureWorks Application ORD. 25-34 Authorizing Purchase of Defibrillators by Fire Department ORD. 25-35 Authorizing Issuance and Sale of Bond Notes for City Sewer Improvements ORD. 25-36 Authorizing Issuance and Sale of Bond Notes for Gemini Center Improvements ORD. 25-37 Solid Waste Fee Special Assessment for Tax Year 2025 ORD. 25-38 Street Lighting Assessment for Tax Year 2025 RES. 25-09 Placing Fire Levy Renewal on November 2025 Ballot RES. 25-10 County Fiscal Officer to Advance Taxes 2026 RES. 25-11 Alternative Tax Budget 2026 LEGISLATION UP FOR PASSAGE WITHOUT THREE READINGS COUNCILMAN MINEK ORD. 25-__ Authorizing Re-advertising for Bids and Contract for West 225 Street Sewer Repair Work COUNCILWOMAN WERING ORD. 25-41 Establishing Chapter 704 Short-Term Rentals COUNCILWOMAN KING ORD. 25-40 Authorizing Submission and Administration of 2026 CDBG Municipal Grant Application ORD. 25-__ Requesting Additional Funding for Sewer Televising REPORTS AND COMMUNICATIONS FROM MAYOR, DIRECTORS AND OTHER CITY OFFICIALS PUBLIC SESSION MISCELLANEOUS BUSINESS AND REPORTS FROM COUNCIL ADJOURNMENT
COUNCIL MINUTES_MARCH 17, 2025 | Page 1 1 MINUTES OF THE REGULAR MEETING OF FAIRVIEW PARK CITY COUNCIL 2 MONDAY, MARCH 17, 2025 3 4 The regular meeting of Council was called to order by Council President Pro Tem Minek at 7:00 p.m. 5 MOMENT OF SILENT PRAYER 6 ROLL CALL | PRESENT: 7 COUNCIL – B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 8 ADMINISTRATION – Mayor Schneider, Director Pae and Director Dever and Engineer Kerber 9 10 THE CHAIR made a motion to excuse Councilman B. Simmerly from the meeting. 11 ROLL ON MOTION: Vote: YES-3, NO-2 12 YES: B. Minek, T. Greenfield and S. Wering | NO: B. King and K. Mann 13 14 THE CHAIR made a motion to excuse Council President Kilbane from the meeting. 15 ROLL ON MOTION: Vote: YES-5, NO-0 16 YES: B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 17 18 WRITTEN COMMUNICATIONS, PETITIONS AND CLAIMS 19 20 COMMITTEE REPORTS 21 COUNCILWOMAN WERING reported that the Local Government and Community Services Committee 22 met on Monday, Local Government & Community Services began at 7:29 PM on Monday, March 10th. 23 Present were members of Council, Mayor Schneider, and Directors Pae, Hitch, and Dever. 24 The committee discussed one issue, Council Rules. Council will be going through its rules over the next 25 several meetings to determine if any changes need to be made. Council discussed sections I and II during 26 this committee meeting. The Council agreed that they would identify areas that needed to be discussed first, 27 then look at recommended changes once all of the rules are looked at. Agreement was made that Council 28 needs to address the following sections of the rules: 29 In Section I: 30 Rule 2: Council is currently are not doing anything written to request to address Council. Do we have to 31 ask for comments in committee? What is that mechanism? 32 Rule 3: What is a "legal holiday" and how do we make sure we are meeting or not meeting on the right 33 days? 34 Rule 8: Moment of Silent Prayer vs Silent Reflection (reference to prayer before a public meeting) 35 Rule 8(a)(4): What is "cause" and is this explained later? 36 Section II: No Notes. 37 A motion to leave the issue in committee passed 6-0. 38 Local Government and Community Services ended at 8:04 PM. 39 40 COUNCILWOMAN KING reported that the audio recording of the meetings are available on the city’s 41 website. The Finance committee met on March 10, 2025 at 7:00pm and the following was discussed: 42 Ordinance 25-15 Agreement with RE Warner for City Hall Assessment; A representative from RE Warner 43 was present to discuss this Ordinance. 44 Council asked administration what is happening with the city hall campus that we would need the services 45 of RE Warner and the Mayor gave a short list of issues: like the leaking roof, structural issues, water issues 46 in the fire department, police department is poorly designed and they do not have a place to conduct 47 interviews. The building was built in 1960 and any issue has been patched not fixed since. Many studies 48 over the years have been done to prove the work needs to be done, it is time to stop the bleeding and fix the 49 campus. 50
COUNCIL MINUTES_MARCH 17, 2025 | Page 2 In the Ordinance, RE Warner will evaluate the existing City Hall campus and provide a conditions 51 assessment analysis. The report will break down the costs. 52 A motion was made to have this on 2nd and subsequent 3rd read and that was passed with a vote of 6-0. 53 The Finance Committee concluded at 7:28 pm. This concludes my report. 54 55 LEGISLATION ON FIRST READING 56 COUNCILMAN MINEK placed the following legislation on first reading and introduction: 57 ORDINANCE NO. 25-16 58 ORGINATED BY BRYAN HITCH, SERVICE DIRECTOR 59 REQUESTED BY: MAYOR BILL SCHNEIDER 60 SPONSORED BY: COUNCILMAN MINEK 61 CO-SPONSORED BY: COUNCILWOMAN KING 62 AN ORDINANCE AUTHORIZING MANNIK & SMITH GROUP, INC. TO PREPARE PLANS AND 63 SPECIFICATIONS AND PROVIDE CONSTRUCTION ADMINISTRATION AND BIDDING 64 SERVICES FOR SEWER REPAIR WORK IN THE CITY AND DECLARING AN EMERGENCY 65 ACTION: Ordinance 25-16 was placed on first reading and referred to the Environment, Public Work, 66 Planning, Zoning & Development Committee. 67 68 ORDINANCE NO. 25-17 69 ORIGINATED BY: BRYAN HITCH, SERVICE DIRECTOR 70 REQUESTED BY: MAYOR BILL SCHNEIDER 71 SPONSORED BY: COUNCILMAN MINEK 72 CO-SPONSORED BY: COUNCILWOMAN KING 73 AN ORDINANCE AUTHORIZING THE MAYOR TO ADVERTISE FOR BIDS AND THE MAYOR 74 TO ENTER INTO A CONTRACT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER 75 AS DETERMINED BY THE BOARD OF CONTROL FOR SEWER REPAIR WORK IN THE CITY 76 AND DECLARING AN EMERGENCY 77 ACTION: Ordinance 25-17 was placed on first reading and referred to the Environment, Public Work, 78 Planning, Zoning & Development Committee. 79 80 COUNCILWOMAN WERING placed the following legislation on first reading and introduction: 81 RESOLUTION NO. 25-04 82 REQUESTED AND SPONSORED BY: COUNCILWOMAN MANN 83 CO-SPONSORED BY: COUNCILMAN MINEK 84 A RESOLUTION IN SUPPORT OF STATE ISSUE 2 FOR RENEWAL OF THE STATE CAPITAL 85 IMPROVEMENT PROGRAM (SCIP) ON THE MAY 6, 2025 STATEWIDE BALLOT 86 ACTION: Resolution 25-04 was placed on first reading and referred to the Local Government & 87 Community Services Committee. 88 89 COUNCILWOMAN KING placed the following legislation on first reading and introduction: 90 ORDINANCE NO. 25-18 91 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR / HR MANAGER 92 REQUESTED BY: MAYOR BILL SCHNEIDER 93 SPONSORED BY: COUNCILWOMAN KING 94 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH 95 HUNTINGTON PUBLIC CAPITAL CORPORATION FOR LEASE FINANCING AND TO ENTER 96 INTO CONTRACTS FOR THE PURCHASE OF SERVICE DEPARMENT AND POLICE 97 DEPARTMENT VEHICLES AND EQUIPMENT, AND DECLARING AN EMERGENCY 98 ACTION: Ordinance 25-18 was placed on first reading and referred to the Finance Committee. 99 100
COUNCIL MINUTES_MARCH 17, 2025 | Page 3 ORDINANCE NO. 25-19 101 ORIGINATED BY: KERRY KEMP, DIRECTOR OF PARKS AND RECREATION 102 REQUESTED BY: MAYOR BILL SCHNEIDER 103 SPONSORED BY: COUNCILWOMAN KING 104 AN ORDINANCE AUTHORIZING THE PURCHASE OF A 2024 FORD RANGER XL 24 P00043 TO 105 BE USED BY THE PARKS AND RECREATON DEPARTMENT FROM LIBERTY FORD AND 106 DECLARING AN EMERGENCY 107 ACTION: Ordinance 25-19 was placed on first reading and referred to the Finance Committee. 108 109 ORDINANCE NO. 25-20 110 ORIGINATED BY: KERRY KEMP, DIRECTOR OF PARKS AND RECREATION 111 REQUESTED BY: MAYOR BILL SCHNEIDER 112 SPONSORED BY: COUNCILWOMAN KING 113 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE 114 CITY OF WESTLAKE FOR THE SALE OF OBSOLETE POOL EQUIPMENT AND DECLARING AN 115 EMERGENCY 116 ACTION: Ordinance 25-20 are placed on first reading and referred to the Finance Committee. 117 118 LEGISLATION ON SECOND READING 119 COUNCILWOMAN KING placed the following on second reading: 120 ORDINANCE NO. 25-15 121 ORIGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR 122 REQUESTED BY: MAYOR BILL SCHNEIDER 123 SPONSORED BY: COUNCILWOMAN KING and COUNCILMAN MINEK 124 CO-SPONSORED BY: COUNCILWOMAN MANN 125 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT WITH R.E. 126 WARNER FOR THE ASSESSMENT OF THE FAIRVIEW PARK CITY HALL ADMINISTRATION 127 BUILDING AND DECLARING AN EMERGENCY 128 ACTION: Ordinance 25-15 was placed on second reading and subsequent third reading. 129 130 AUDIENCE INPUT ON LEGISLATION UP FOR PASSAGE 131 MR. STEVEN RUANE – 3912 W. 224th St – MR. RUANE had questions on Ordinance 25-21 and said he 132 assumed that discussion by Council would address, such as a published budget, total costs including 133 contingency costs, exclusions clarifications and qualification dollar amounts, agreement execution date 134 clarification, allowances and unit costs and that there has been a line by line analysis with Architect. 135 136 MAYOR SCHNIEDER responded that the estimate is $14.7 million as of a year ago and that $12.9 million 137 will be in bonds, which are currently BANs at the moment, and the rest is with money set aside with ARPA 138 funds and city Recreation Construction Funds. He advised that there was an amendment to the final contract 139 has fixed this day inaccuracy which said it was to fix an inaccuracy stating 396 to 365 days. Knowing 140 construction is flexible, and dependent on variables, it states a full year. The project is a remodel and 141 excavation of an existing pool and everything is based on the estimates that they have. 142 MAYOR SCHNEIDER said that the Owner’s Representative is in attendance, and will be explaining many 143 of these items when Council officially considers the legislation. He added that there has been constant 144 communication between all parties involved. 145 146 LEGISLATION UP FOR THIRD READING AND FINAL PASSAGE 147 COUNCILWOMAN KING placed the following up for third reading and final passage: 148 ORDINANCE NO. 25-10 149 ORIGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR 150
COUNCIL MINUTES_MARCH 17, 2025 | Page 4 REQUESTED BY: MAYOR BILL SCHNEIDER 151 SPONSORED BY: COUNCILWOMAN KING 152 CO-SPONSORED BY: COUNCILMAN MINEK 153 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT WITH CITY OF 154 ROCKY RIVER AND FOR REIMBURSEMENT FOR THE STREETSCAPE IMPROVEMENTS, 155 SIGNAL UPGRADES AND RESURFACING OF CENTER RIDGE ROAD INCLUDING 156 CONSTRUCTION ADMINISTRATION AND CONSTRUCTION THAT WILL BE COMPETIVITELY 157 BID THROUGH THE CITY OF ROCKY RIVER’S PUBLIC BIDDING PROCESS AND DECLARING 158 AN EMERGENCY 159 THE CHAIR asked for any discussion prior to passage. 160 ROLL ON PASSAGE (PASSED) Vote: YES-5, NO-0 161 YES: B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 162 163 ORDINANCE NO. 25-11 164 REQUESTED BY: BRYAN HITCH, SERVICE DIRECTOR 165 SPONSORED BY: COUNCILWOMAN KING 166 CO-SPONSORED BY: COUNCILMAN MINEK 167 AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO ALLOCATE FUNDING IN 168 SUPPORT OF THE EXISTING AGREEMENT WITH CUYAHOGA COUNTY DEPARTMENT OF 169 PUBLIC WORKS FOR STORM AND SANITARY SEWER SERVICES AND DECLARING AN 170 EMERGENCY 171 THE CHAIR asked for any discussion prior to passage. 172 ROLL ON PASSAGE (PASSED) Vote: YES-5, NO-0 173 YES: B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 174 175 ORDINANCE NO. 25-12 176 ORIGINATED BY: KEVIN BRIDEGUM, SERVICE SUPERVISOR & LAURA BRONDOS, SENIOR 177 LIFE DIRECTOR 178 REQUESTED BY: MAYOR BILL SCHNEIDER 179 SPONSORED BY: COUNCILWOMAN KING 180 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH 181 NORTH COAST INTEGRATED TECHNOLOGIES, INC. FOR THE PURCHASE OF SECURITY 182 CAMERAS AND EQUIPMENT BY THE SERVICE DEPARTMENT AND THE SENIOR LIFE OFFICE 183 FOR THE PLACEMENT ON THE SENIOR CENTER AND DECLARING AN EMERGENCY 184 THE CHAIR asked for any discussion prior to passage. 185 ROLL ON PASSAGE (PASSED) Vote: YES-5, NO-0 186 YES: B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 187 188 ORDINANCE NO. 25-13 189 REQUESTED BY: ANTHONY RAFFIN, FIRE CHIEF 190 SPONSORED BY: COUNCILWOMAN KING 191 AN ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE TWELVE SETS OF CUSTOM 192 TURNOUT GEAR FOR THE FIRE DEPARTMENT AND DECLARING AN EMERGENCY 193 THE CHAIR asked for any discussion prior to passage. 194 ROLL ON PASSAGE (PASSED) Vote: YES-5, NO-0 195 YES: B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 196 197 ORDINANCE NO. 25-14 198 REQUESTED BY: ANTHONY RAFFIN, FIRE CHIEF 199 SPONSORED BY: COUNCILWOMAN KING 200
COUNCIL MINUTES_MARCH 17, 2025 | Page 5 AN ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE A FORD SUPER DUTY F-350 XL 201 VEHICLE THROUGH STATEWIDE FORD LINCOLN AND DECLARING AN EMERGENCY 202 THE CHAIR asked for any discussion prior to passage. 203 ROLL ON PASSAGE (PASSED) Vote: YES-5, NO-0 204 YES: B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 205 206 LEGISLATION UP FOR PASSAGE WITHOUT THREE READINGS 207 COUNCILWOMAN KING placed the following legislation up for emergency passage. 208 ORDINANCE NO. 25-21 209 REQUESTED BY: MAYOR BILL SCHNEIDER 210 SPONSORED BY: COUNCILWOMAN KING 211 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO THE AMENDED CONTRACT 212 WITH WELTY BUILDING COMPANY TO INCLUDE THE GUARANTEE MAXIMUM PRICE FOR 213 THE GEMINI CENTER REHABILITATION PROJECT AND DECLARING AN EMERGENCY 214 COUNCILWOMAN KING made a motion to Suspend the Charter Provision & Rule 49 requiring 3 215 readings 216 Moved and Seconded. 217 ROLL ON MOTION: Vote: YES-5, NO-0 218 YES: B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 219 COUNCILWOMAN KING made a motion to Dispense with Rule 53 requiring reference to committee. 220 Moved and Seconded. 221 ROLL ON MOTION: Vote: YES-5, NO-0 222 YES: B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 223 THE CHAIR asked if there was any further discussion prior to passage. 224 COUNCILWOMAN WERING asked questions in regard to the guaranteed max price (GMP), what that 225 means for overages and what timeline looks like now, and why emergency 226 227 MR. ROGER RIACHI (Owner’s Rep/RFC Contracting) stated that estimate is $14.7 million, and the 228 guaranteed maximum price came in at $14.192 and change, which is under the estimate, which is nice. He 229 stated that the guaranteed maximum price is exactly what it states. Unless there are changes to the 230 documents that have been issued, reviewed and approved than that price will not change. The only concerns 231 currently are if and when they run into things when they deal with concrete in pool, which could cause 232 increased costs, but barring any problems with that and any modifications, the number is valid and is what 233 it is. 234 COUCILWOMAN WERING asked (to clarify) that as long as there are no scope changes, this is the most 235 we are going to pay. 236 MR. RIACHI confirmed and said that the allowances listed are all included in number. The unit prices 237 listed, some are tied into allowances and others are there in case they need to quantify work on a list basis. 238 He explained that when the design team put plans and specifications together and contractors reviewed and 239 put their numbers on, questions and clarifications came up which were listed and submitted by the 240 Construction Manager-At-Risk. The design team, Owner’s rep and CMR went through them, clarified them 241 (including others not listed) and they were incorporated into the GMR number and kept in the document. 242 The skylight is mentioned and included and part of project, as well as everything shown in documents in 243 the design process is included. The duration is and has always been 365 days. While they are about 2 weeks 244 behind getting GMP approved by Council, but they wanted to ensure everything was flushed out and 245 accepted by the design team. 246 COUNCILWOMAN WERING asked who is responsible if the project runs over cost and what would have 247 to happen. 248 MR. RIACHI said that unless the city makes changes with the scope of work, or an unforeseen 249 circumstance. Everything is covered in the guaranteed maximum price 250
COUNCIL MINUTES_MARCH 17, 2025 | Page 6 COUNCILWOMAN WERING asked (to clarify) that if material costs or labor rates change that it’s not on 251 the city, warranties if items need to be stored, and responsibilities and possible penalties for schedule 252 overages over a year. 253 MR. RIACHI said that labor rate changes are already factored in, including prevailing wage changes. They 254 are planning to get materials released as soon as this is approved by Council and will have prices locked up 255 with contractors and subs, so no issues are and if they happen they will be mitigated and/or consider 256 alternative materials. He stated he would have no issues on tariffs or what could happen federally in the 257 future, but they are working with suppliers and manufacturers to get commitments to guarantee costs and 258 get materials in and have them on-site. As far as warranties and if things have to get stored, he said that the 259 warranties do not go into effect until they are fired up and being used. This is true for most mechanical units 260 for the project. MR. RIACHI said that liquidated damages would come into effect after the 365 days, unless 261 the scope, or change orders request, but would be reflected at that time changes are done, and will be in 262 front of council for approval. He said that the contract starts when it is signed by the mayor. He reiterated 263 that the warranties starts when job is completed, called substantial completion of project and acceptance by 264 design team and the city. 265 266 COUNCILWOMAN MANN mentioned that her questions are coming from review of the draft copy and 267 not the copy sent this afternoon, so they may be covered in what he has addressed already. She asked about 268 exclusions and wondered if this was because they didn’t need to be repaired like scoreboard or if they might 269 be cans of worms waiting to be opened. 270 MR. RIACHI said that the exclusions came predominantly from subcontractors as they reviewed list and 271 during walkthrough went back to design team to confirm were excluded items to avoid any 272 misinterpretations. 273 COUNCILWOMAN MANN asked about the top layer flat roof membrane, and if this was the roof that 274 failed previously and the city being responsible for third party testing and follow-up, asked if this was going 275 to be watched and nothing falls through cracks to maintain an enforceable warranty. 276 MR. RIACHI confirmed that they will be keeping watch, and they need to have this information because 277 there is an existing roof warranty that will require using a 3rd party approved by a certified contractor of the 278 manufacturer who issued the original warranty, this would be true for any 3rd party testing. The city will 279 hire a 3rd party who will work for the city to perform these inspections. 280 COUNCILWOMAN MANN asked if there was a sustainability plan or measures in place for the project, 281 saying she would like to choose the more environmentally -friendly materials such as choosing white 282 roofing versus black. 283 MR. RIACHI said that he is not aware of any sustainability plans by the city. Some items will be subject 284 to a submittal process and will be open to city selection. He added that a lot of project components are 285 LEED-certified and high-efficiency components, and that it is hard to do that with this type of remodel. 286 287 COUNCILWOMAN WERING asked why this is being passed on first reading and the importance of doing 288 that int his time frame. 289 MAYOR SCHNEIDER said we’ve beaten this project to death and it has been talked about at length. We 290 have hired an Independent Architect, Designer and Owner’s Rep that are well-respected. The Construction 291 Manager At-Risk is one of the best builders in Ohio. We have gone through the phases and made sure that 292 we are going to have a successful product and taxpayers will get what they voted for. We have overturned 293 every stone, and now we have the guaranteed maximum price and are good to go. We have done our due 294 diligence and believes that we are going to have what we intend to and should get project going. 295 MR. RIACHI said that timing is becoming critical and nothing is going to change with numbers and 296 scope of work, but what may change with more time are cost increases, longer wait times and more exposure 297 to locking in prices. 298 COUNCILWOMAN WERING said that once we approve this work can substantially begin so further reads 299 will delay the project unnecessarily. 300
COUNCIL MINUTES_MARCH 17, 2025 | Page 7 THE CHAIR asked if there was any further discussion prior to passage. No Discussion. 301 ROLL ON MOTION Vote: YES-5, NO-0 302 YES: B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 303 ROLL ON PASSAGE (PASSED) Vote: YES-6, NO-0 304 YES: B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 305 306 REPORTS AND COMMUNICATIONS FROM THE MAYOR, DIRECTORS AND OTHER CITY 307 OFFICIALS 308 MAYOR SCHNEIDER thanked Council for passing the Ordinance, and said he wants to get this project 309 started and is happy to see this project started, and give the voters what they want. 310 He reported the following: 311 – The Master Plan did not get approved for grant with county. There were other cities chosen that had 312 longer periods to wait, so they were chosen over us. He said in the future we will reapply again or use a 313 consultant to go over the plan with us, but it is on ice for now. 314 -Last week invited to Governor DeWine’s State of the State address by Senator Nickie Antonio, and 315 immediately after went to testify against Senate Bill 104 which would remove ability of municipalities to 316 regulate short term rentals (Airbnb’s) and an overall bad bill. Another reason the bill is being opposed is 317 because it’s being used as a means to push out long-term renters and families, which destroys communities 318 and has become a significant issue. 319 - Attended NOACA update last Friday and listened to their update, which included regional planning and 320 how monies will be spent including repaving of Lorain Road. There is also a push to move NASA to another 321 state and OH, TX and FL are in play, we will watch to see where this goes. 322 -A 1939 city map with parcel lines has been found and will be hung in Council Chambers. Other historical 323 items have also been found as well, and Chris Gerrett has been invited to review and documenting these 324 items as well. 325 326 DIRECTOR HITCH announced that there is a telephone pole down at Valley Parkway and Mastick and it 327 should be rectified by Friday. The rainstorms on Sunday yielded zero calls on sewers and basement 328 flooding. He is also hoping to get all 3 pump stations cleaned out this week. 329 330 DIRECTOR PAE reported that in regard to the guaranteed maximum price (GMP) funding sources are the 331 American Rescue Plan Act (Fund 236) which has about $1 million-dollar fund balance, the $12.9 note 332 proceeds and $4 million which was transferred from the General Fund previously. DIRECTOR PAE 333 reported that the city is hiring 2 police officers; one by lateral (1) and another through Civil Service Exam. 334 The exam is done through an online process through MTN company between March 19-April 18. The 335 lateral entry applications are also dur by April 18. Police is also doing promotional testing for Sergeant and 336 Lieutenant for retirement of Lt. Mihalik, and hope to know by mid-April to know results of those 337 promotional tests. There will be a Fire entry exam on Wednesday with 34 candidates, and other hires are 338 for Recreation Facilities Manager and Aquatics Manager. There were 17 applications received and 5 will 339 be interviewed, all coming from impressive experience. The Recreation position of Program Coordinator 340 had 53 applicants and 6 will be interviewed. 341 342 ENGINEER KERBER reported that the Coe Creek restoration project is in the stage where they are starting 343 to build the protection along the stream starting at the south end and working their way north. 344 345 PUBLIC SESSION 346 BRADLEY LYNNET - 4047 W 204 St – MR. LYNNET said that he felt that it was irresponsible to pass 347 the pool ordinance on emergency. He expressed his concern about a fire hydrant that malfunctioned in 348 front of his house and was replaced and the weekend rains have caused his yard slope because of the hole 349
COUNCIL MINUTES_MARCH 17, 2025 | Page 8 dug in the street. He said he doesn’t feel like he should be responsible for replacing the sidewalk which is 350 sloping towards the street. 351 352 MR. VINCE UBIENSKI – 4019 W 210th St – MR. UBIENSKI came to follow-up on the trucks 353 on West 210 Street. He said he noticed trucks are not violating while taking daughter school. He 354 mentioned that he noticed leaves are not being raked properly and are being left by the curb and 355 other possible property violations and city enforcement. 356 MAYOR SCHNEIDER asked for the address and said leaves should not be raked to tree lawn, 357 but rather be put in the garbage. He said that he can reach out to Chief to check into it. 358 359 MISCELLANEOUS BUSINESS AND COMMENTS BY MEMBERS OF COUNCIL 360 COUNCILWOMAN WERING thanked Mr. Riachi for being here and mayor for having him here to discuss 361 this last step in getting this Gemini project started. She is happy that 5 years later we are moving forward 362 with this, and are now in construction phase. It is an exciting day and she thanked everyone who has touched 363 the project. 364 365 COUNCILWOMAN MANN thanked the Administration for all the effort put into research and work that 366 has gone into this project including stepping back and starting again in some ways. 367 COUNCILWOMAN MANN gave the following report: 368 The Shade Tree Advisory Committee (STAC) met at 6:00 on Thursday, March 13. Present were six 369 members of the committee, myself, and Recreation Director Kerry Kemp. 370 The committee discussed how to integrate the Master Tree Plan and the Knowles Report to formulate an 371 urban forestry management plan. Members are interested in obtaining view only access to data in the 372 Knowles Report and finding ways to support Mike Varga in his Forester duties. 373 The committee regrets there is no avenue to improve the replanting plan in Bain woods and will table any 374 further discussion of the number of trees lost. 375 Seven residents on Haber Drive have replied to request a street tree. There will likely be extra donated funds 376 which could allow for planting trees elsewhere in the city. Suggestions included planting trees in the park, 377 identifying other streets to plant, and offering free trees to residents. 378 The committee discussed attending the City Council meeting on March 21st to make a presentation about 379 the Bain Park Arboretum. 380 STAC informed Director Kemp of the proposed arboretum in Bain Park and asked if he would support the 381 project as his department transitions to a more traditional Parks and Rec department. Since the trees and 382 walking paths are already in place, and all that’s required is inexpensive signage and web-based 383 inventorying, Director Kemp said the arboretum would be a light touch with good benefits to the city and 384 he would support it. 385 Also discussed were plans to raffle off a tree at the Mayor’s State of the Community address, donations of 386 tree seedlings to Andy Bruening’s AP Environmental Science class, purchase of tree related t-shirts, and 387 the Urban Forestry 3-3-30 benchmark recommendation for public health. 388 389 COUNCILMAN MINEK said that he sat on the dais original Gemini build, and now for this new 390 rehabilitation. He congratulated the mayor, Council and all who were involved. He announced that there 391 will be a Planning &Design meeting on Wednesday at 7:00 pm. with one docket item for Thomas Lane 392 Park. 393 394 THE CHAIR made a motion to adjourn with no further business. 395 ROLL ON MOTION: Vote: YES-5, NO-0 396 YES: B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 397 Motion carries, meeting adjourned at 8:14 p.m. 398 399
COUNCIL MINUTES_MARCH 17, 2025 | Page 9 400 ________________________________ 401 Michael P. Kilbane, Council President 402 403 404 ________________________________ 405 Liz L. Westbrooks, Clerk of Council 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438
COUNCIL MINUTES_APRIL 7, 2025 | Page 1 1 MINUTES OF THE REGULAR MEETING OF FAIRVIEW PARK CITY COUNCIL 2 MONDAY, APRIL 7, 2025 3 4 The regular meeting of Council was called to order by Council President Kilbane at 7:00 p.m. 5 MOMENT OF SILENT PRAYER 6 ROLL CALL | PRESENT: 7 COUNCIL – B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 8 ADMINISTRATION – Mayor Schneider, Director Pae and Director Dever and Engineer Kerber 9 10 WRITTEN COMMUNICATIONS, PETITIONS AND CLAIMS 11 12 COMMITTEE REPORTS 13 COUNCILMAN MINEK reported that the Environment, Public Works, Planning, Zoning & Development 14 Committee held a committee meeting on Monday, March 24, 2025 at 7:00 P.M. Ordinance 25-16 Plans & 15 Specifications for Sewer Repair Work on W. 225 Street and Ordinance 25-17 Bids & Contract for Sewer 16 Repair Work on West 225 Street. City Engineer Kerber was present to speak and answer questions 17 pertaining to both ordinances. Pertaining to Ord. 25-16 questions were asked about the repairs needed and 18 Engineer Kerber stated the sewers are original, one above the other and the repairs are based on sewer 19 videos (CCTV) observations. Project time frame was asked and answered, upon receipt of the bid & contract 20 the project would be a month to 45 days. Pertaining to Ord. 25-17 Engineer Kerber stated if finances become 21 available they will be used for other projects in the city. Chair made a motion to place Ord. 25-16 on second 22 reading and subsequent third reading which was approved 7-0. Chair made a motion to place Ord. 25-17 23 on second reading and subsequent third reading which was approved 7-0. This completes my report. 24 25 COUNCILWOMAN WERING reported that the Local Government & Community Services Committee 26 met on Monday, March 24th beginning at 7:07 PM. Present were Directors Pae and Dever, City Engineer 27 Kerber and members of Council. The committee discussed one item, Resolution 25-04, a resolution in 28 support of State Issue 2. Issue 2 is related to the State Capital Improvement Program (SCIP). This program 29 helps cities build roads, repair storm and wastewater systems, repair or build bridges and construct other 30 infrastructure projects. Funding for the SCIP relies on an amendment to the Ohio Constitution and requires 31 voters to approve the program every 10 years. Fairview Park has benefited from this program, including 32 monies to assist with the Ward 2 Sewer Rehabilitation, Clifford Drive Storm and Sanitary Replacement 33 Project and the Stanford Water, Sewer and Pavement Service Improvements. This resolution expresses 34 support for the SCIP from this Council and encourages our residents to vote Yes on Issue 2 in the May 35 election. A motion to place this ordinance on second, subsequent third reading passed 7-0. Local 36 Government & Community Services ended at 7:10 PM. 37 38 COUNCILWOMAN KING reported that the audio recording of the meetings are available on the city's 39 website. The Finance committee met on March 24, 2025 at 7:10pm and the following was discussed: 40 Ordinance 25-18 Agreement and Contracts for Lease Financing and Contracts for Service and Recreation 41 Department 42 This Ordinance is to lease 3 Ford Police vehicles, 2 Freightliner plus cabs with snow chassis and a street 43 sweeper. It was asked how many years of service we get out of the vehicles and those in attendance could 44 not answer, so will remain in committee. 45 A motion was made to have this on second and return to committee and that passed with a vote of 7-0. 46 Ordinance 25-19 Authorizing Purchase of Ford Ranger for Recreation Department 47 This Ordinance is for park and rec vehicle. This was budgeted for and will be used for the day-to-day 48 activities. A motion to have this on 2nd and subsequent 3rd read and that 49 passed with a vote of 7-0. 50
COUNCIL MINUTES_APRIL 7, 2025 | Page 2 Ordinance 25-20 Authorizing Sale of Obsolete Pool Equipment 51 In 2021 pool pumps were purchased when we thought the pool issues were a quick fix and the pumps were 52 no longer going to be made. We will sell 7 of the 9 pumps to the city of Westlake and the remaining two 53 will be used for the splash pad. A motion was made to have this on 2nd and subsequent 3rd read and that 54 passed with a vote of 7-0. 55 The Finance committee concluded at 7:23 pm. This concludes my report 56 57 LEGISLATION ON FIRST READING 58 COUNCILWOMAN WERING placed the following legislation on first reading and introduction: 59 ORDINANCE NO. 25-22 60 REQUESTED BY: MAYOR BILL SCHNEIDER 61 SPONSORED BY: COUNCILWOMAN WERING and COUNCILWOMAN MANN 62 AN ORDINANCE AMENDING SECTION 706.01, SECTION 706.02 (a), SECTION 706.02 (b), AND 63 SECTION 706.13 OF CHAPTER 706, ENTITLED "HOTEL AND MOTEL TAX" OF THE CODIFIED 64 ORDINANCES OF THE CITY OF FAIRVIEW PARK AND DECLARING AN EMERGENCY 65 ACTION: Ordinance 25-22 was placed on first reading and referred to the Local Government & 66 Community Services Committee. 67 68 COUNCILWOMAN KING placed the following legislation on first reading and introduction: 69 ORDINANCE NO. 25-23 70 REQUESTED BY: MAYOR BILL SCHNEIDER 71 SPONSORED BY: COUNCILWOMAN KING 72 AN ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE COMPUTER EQUIPMENT FOR 73 THE CITY OF FAIRVIEW PARK FROM GO2IT AND DECLARING AN EMERGENCY 74 ACTION: Ordinance 25-23 was placed on first reading and referred to the Finance Committee. 75 76 LEGISLATION ON SECOND READING 77 COUNCILWOMAN WERING placed the following legislation on second reading: 78 RESOLUTION NO. 25-04 79 REQUESTED AND SPONSORED BY: COUNCILWOMAN MANN 80 CO-SPONSORED BY: COUNCILMAN MINEK 81 A RESOLUTION IN SUPPORT OF STATE ISSUE 2 FOR RENEWAL OF THE STATE CAPITAL 82 IMPROVEMENT PROGRAM (SCIP) ON THE MAY 6, 2025 STATEWIDE BALLOT 83 ACTION: Resolution 25-04 was placed on second and subsequent third reading. 84 85 COUNCILWOMAN KING placed the following legislation on first reading and introduction: 86 ORDINANCE NO. 25-18 87 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR / HR MANAGER 88 REQUESTED BY: MAYOR BILL SCHNEIDER 89 SPONSORED BY: COUNCILWOMAN KING 90 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH 91 HUNTINGTON PUBLIC CAPITAL CORPORATION FOR LEASE FINANCING AND TO ENTER 92 INTO CONTRACTS FOR THE PURCHASE OF SERVICE DEPARMENT AND POLICE 93 DEPARTMENT VEHICLES AND EQUIPMENT, AND DECLARING AN EMERGENCY 94 ACTION: Ordinance 25-18 was placed on second and returned to the Finance Committee. 95 96 ORDINANCE NO. 25-19 97 ORIGINATED BY: KERRY KEMP, DIRECTOR OF PARKS AND RECREATION 98 REQUESTED BY: MAYOR BILL SCHNEIDER 99 SPONSORED BY: COUNCILWOMAN KING 100
COUNCIL MINUTES_APRIL 7, 2025 | Page 3 AN ORDINANCE AUTHORIZING THE PURCHASE OF A 2024 FORD RANGER XL 24 P00043 TO 101 BE USED BY THE PARKS AND RECREATON DEPARTMENT FROM LIBERTY FORD AND 102 DECLARING AN EMERGENCY 103 ACTION: Ordinance 25-19 was placed on second and subsequent third reading. 104 105 ORDINANCE NO. 25-20 106 ORIGINATED BY: KERRY KEMP, DIRECTOR OF PARKS AND RECREATION 107 REQUESTED BY: MAYOR BILL SCHNEIDER 108 SPONSORED BY: COUNCILWOMAN KING 109 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE 110 CITY OF WESTLAKE FOR THE SALE OF OBSOLETE POOL EQUIPMENT AND DECLARING AN 111 EMERGENCY 112 ACTION: Ordinance 25-20 was placed on second and subsequent third reading. 113 114 AUDIENCE INPUT ON LEGISLATION UP FOR PASSAGE 115 MR. STEVEN RUANE – 3912 W. 224th St – MR. RUANE spoke in opposition of the Resolution up for 116 emergency passage regarding saving safety nets and offices for Social Security, Medicare & Medicaid 117 concerns. He said that he felt 3 of the whereas clauses were political, and the city is supposed to be non- 118 partisan. 119 COUNCIL PRESIDENT KILBANE said that he felt obliged to speak up for senior citizens and the 120 vulnerable in the community as an elected representative. The offices are at staffing lows already and being 121 cut indiscriminately to save money or spend in other places. 122 123 LEGISLATION UP FOR THIRD READING AND FINAL PASSAGE 124 COUNCILWOMAN KING placed the following up for third reading and final passage: 125 ORDINANCE NO. 25-15 126 ORIGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR 127 REQUESTED BY: MAYOR BILL SCHNEIDER 128 SPONSORED BY: COUNCILWOMAN KING and COUNCILMAN MINEK 129 CO-SPONSORED BY: COUNCILWOMAN GREENFIELD and COUNCILWOMAN MANN 130 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT WITH R.E. 131 WARNER FOR THE ASSESSMENT OF THE FAIRVIEW PARK CITY HALL ADMINISTRATION 132 BUILDING AND DECLARING AN EMERGENCY 133 THE CHAIR asked for any discussion prior to passage. 134 ROLL ON PASSAGE (PASSED) Vote: YES-7, NO-0 135 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 136 137 LEGISLATION UP FOR PASSAGE WITHOUT THREE READINGS 138 COUNCILMAN MINEK placed the following legislation up for emergency passage: 139 ORDINANCE 25-16 140 ORGINATED BY: BRYAN HITCH, SERVICE DIRECTOR 141 REQUESTED BY: MAYOR BILL SCHNEIDER 142 SPONSORED BY: COUNCILMAN MINEK 143 CO-SPONSORED BY: COUNCILMEMBERS KING, MANN and GREENFIELD 144 AN ORDINANCE AUTHORIZING MANNIK & SMITH GROUP, INC. TO PREPARE PLANS AND 145 SPECIFICATIONS AND PROVIDE CONSTRUCTION ADMINISTRATION AND BIDDING 146 SERVICES FOR SEWER REPAIR WORK IN THE CITY AND DECLARING AN EMERGENCY 147 COUNCILMAN MINEK made a motion to Suspend the Charter Provision & Rule 49 requiring 3 readings 148 Moved and Seconded. 149 ROLL ON MOTION: Vote: YES-7, NO-0 150
COUNCIL MINUTES_APRIL 7, 2025 | Page 4 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 151 COUNCILMAN MINEK made a motion to Dispense with Rule 53 requiring reference to committee. 152 Moved and Seconded. 153 ROLL ON MOTION: Vote: YES-7, NO-0 154 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 155 THE CHAIR asked if there was any discussion prior to passage. 156 COUNCILWOMAN WERING asked for the understanding of why this project is being moved up. 157 DIRECTOR HITCH said that the second reading is being requested for emergency passage is that the sewer 158 was already compromised, and they have had to go back twice to the street because it has deteriorated 159 further. Debris is getting caught and sewer is crumbling. This is needed to start immediately to prevent 160 future flooding that may occur and in advance of expected storms coming. 161 COUNCILWOMAN MANN asked if contents of sanitary line is moving through, or is it all getting caught. 162 DIRECTOR HITCH said that it is moving through but gets blocked and this is being caused by the pieces 163 falling into main and causing backups to houses. 164 THE CHAIR asked if there was any further discussion prior to passage. No Discussion. 165 ROLL ON PASSAGE (PASSED) Vote: YES-7, NO-0 166 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 167 168 ORDINANCE NO. 25-17 169 ORIGINATED BY: BRYAN HITCH, SERVICE DIRECTOR 170 REQUESTED BY: MAYOR BILL SCHNEIDER 171 SPONSORED BY: COUNCILMAN MINEK 172 CO-SPONSORED BY: COUNCILMEMBERS KING, MANN and GREENFIELD 173 AN ORDINANCE AUTHORIZING THE MAYOR TO ADVERTISE FOR BIDS AND THE MAYOR 174 TO ENTER INTO A CONTRACT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER 175 AS DETERMINED BY THE BOARD OF CONTROL FOR SEWER REPAIR WORK IN THE CITY 176 AND DECLARING AN EMERGENCY 177 COUNCILMAN MINEK made a motion to Suspend the Charter Provision & Rule 49 requiring 3 readings 178 Moved and Seconded. 179 ROLL ON MOTION: Vote: YES-7, NO-0 180 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 181 COUNCILMAN MINEK made a motion to Dispense with Rule 53 requiring reference to committee. 182 Moved and Seconded. 183 ROLL ON MOTION: Vote: YES-7, NO-0 184 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 185 THE CHAIR asked if there was any discussion prior to passage. 186 COUNCILWOMAN WERING asked if the plans and specifications are needed prior to going to bid. She 187 asked why this piece is moving for passage without three readings. 188 ENGINEER KERBER said the reason is so that they can get the plans going and get it out to bid, which 189 they hope to do before the next Council meeting. 190 THE CHAIR asked if there was any further discussion prior to passage. No Discussion. 191 ROLL ON PASSAGE (PASSED) Vote: YES-7, NO-0 192 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 193 194 COUNCILWOMAN WERING placed the following legislation up for emergency passage: 195 RESOLUTION NO. 25-05 196 REQUESTED BY: COUNCIL PRESIDENT MICHAEL KILBANE 197 SPONSORED BY: COUNCILMEMBERS KING, MANN, GREENFIELD and MINEK 198 A RESOLUTION TO SAVE NEIGHBORHOOD SOCIAL SECURITY OFFICES, MEDICARE AND 199 MEDICAID AND DECLARING AND EMERGENCY 200
COUNCIL MINUTES_APRIL 7, 2025 | Page 5 COUNCILWOMAN WERING made a motion to Suspend the Charter Provision & Rule 49 requiring 3 201 readings 202 Moved and Seconded. 203 ROLL ON MOTION: Vote: YES-7, NO-0 204 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 205 COUNCILWOMAN WERING made a motion to Dispense with Rule 53 requiring reference to committee. 206 Moved and Seconded. 207 ROLL ON MOTION: Vote: YES-7, NO-0 208 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 209 THE CHAIR asked if there was any discussion prior to passage. 210 COUNCILWOMAN MANN said that she appreciates Council President bringing this resolution forward 211 this, especially with the speed that the Federal Administration is dismantling so many of the institutions 212 that many Americans rely on, and critical to respond quickly and strongly to them. 213 COUNCILWOMAN WERING asked why this is before Council and being requested for first read 214 passage. 215 COUNCIL PRESIDENT KILBANE responded that he feels that as elected officials we should feel 216 obligated to speak out for elderly and vulnerable citizens who rely on the programs. The faster we can get 217 this in the hands of out State and Federal representatives the better. 218 THE CHAIR asked if there was any further discussion prior to passage. No discussion. 219 ROLL ON PASSAGE (PASSED) Vote: YES-7, NO-0 220 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 221 222 COUNCILWOMAN KING placed the following legislation up for emergency passage: 223 RESOLUTION NO. 25-06 224 REQUESTED BY: MAYOR BILL SCHNEIDER 225 ORGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR 226 SPONSORED BY: COUNCILWOMAN KING 227 CO-SPONSORED BY: COUNCILMAN MINEK 228 A RESOLUTION SUPPORTING THE CITY OF FAIRVIEW PARK’S REQUEST TO THE UNITED 229 STATES HOUSE OF REPRESENTATIVES FOR FY 2026 COMMUNITY PROJECT FUNDING FOR 230 THE POLICE AND FIRE STATIONS INFRASTRUCTURE UPGRADE PROJECT AND DECLARING 231 AN EMERGENCY 232 COUNCILWOMAN KING made a motion to Suspend the Charter Provision & Rule 49 requiring 3 233 readings 234 Moved and Seconded. 235 ROLL ON MOTION: Vote: YES-7, NO-0 236 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 237 COUNCILWOMAN KING made a motion to Dispense with Rule 53 requiring reference to committee. 238 Moved and Seconded. 239 ROLL ON MOTION: Vote: YES-7, NO-0 240 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 241 THE CHAIR asked if there was any discussion prior to passage. 242 COUNCILWOMAN WERING asked what this is for and why it is being requested for first read passage. 243 ASSISTANT DEVELOPMENT DIRECTOR OTTER explained that the application is for US 244 Congressman Miller who has not yet released his funding opportunity for this grant but they are expecting 245 soon. Last year had a 3 year turn around so they are trying to get as prepared as possible with this 246 resolution and letters of support. This is for the Campus City Hall Project but using buzzwords, and police 247 and fire infrastructure upgrades to assist with securing grant. 248 COUNCILWOMAN WERING asked when they expected the opportunity to be released. 249
COUNCIL MINUTES_APRIL 7, 2025 | Page 6 ASSISTANT DEVELOPMENT DIRECTOR OTTER said they are all scattered this year so they are no 250 sure. It could be a day or a month, but they are working through timing and steps in advance. 251 THE CHAIR asked if there was any further discussion prior to passage. No discussion. 252 ROLL ON PASSAGE (PASSED) Vote: YES-7, NO-0 253 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 254 255 RESOLUTION NO. 25-07 256 REQUESTED BY: MAYOR BILL SCHNEIDER 257 ORGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR 258 SPONSORED BY: COUNCILWOMAN KING 259 CO-SPONSORED BY: COUNCILMAN MINEK 260 A RESOLUTION SUPPORTING THE CITY OF FAIRVIEW PARK’S FUNDING REQUEST TO THE 261 UNITED STATES SENATE FOR FY26 CONGRESSIONALLY DIRECTED SPENDING REQUESTS 262 TO FUND THE POLICE AND FIRE STATIONS INFRASTRUCTURE UPGRADE PROJECT AND 263 DECLARING AN EMERGENCY 264 COUNCILWOMAN KING made a motion to Suspend the Charter Provision & Rule 49 requiring 3 265 readings 266 Moved and Seconded. 267 ROLL ON MOTION: Vote: YES-7, NO-0 268 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 269 COUNCILWOMAN KING made a motion to Dispense with Rule 53 requiring reference to committee. 270 Moved and Seconded. 271 ROLL ON MOTION: Vote: YES-7, NO-0 272 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 273 THE CHAIR asked if there was any discussion prior to passage. 274 COUNCILWOMAN WERING asked what this is for and why it is being requested for first read passage. 275 ASSISTANT DEVELOPMENT DIRECTOR OTTER said this one does have a due date of April 18 with 276 US Senator Husted, and is for the same project. 277 THE CHAIR asked if there was any further discussion prior to passage. 278 ROLL ON PASSAGE (PASSED) Vote: YES-7, NO-0 279 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 280 281 RESOLUTION NO. 25-08 282 ORIGINATED BY: BRYAN HITCH, SERVICE DIRECTOR 283 REQUESTED BY: MAYOR BILL SCHNEIDER 284 SPONSORED BY: COUNCILWOMAN KING 285 A RESOLUTION AUTHORIZING PARTICIPATION IN THE 2025-2026 OHIO DEPARTMENT OF 286 TRANSPORTATION WINTER CONTRACT FOR ROAD SALT AND DECLARING AN 287 EMERGENCY 288 COUNCILWOMAN KING made a motion to Suspend the Charter Provision & Rule 49 requiring 3 289 readings 290 Moved and Seconded. 291 ROLL ON MOTION: Vote: YES-7, NO-0 292 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 293 COUNCILWOMAN KING made a motion to Dispense with Rule 53 requiring reference to committee. 294 Moved and Seconded. 295 ROLL ON MOTION: Vote: YES-7, NO-0 296 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 297 THE CHAIR asked if there was any further discussion prior to passage. 298
COUNCIL MINUTES_APRIL 7, 2025 | Page 7 COUNCILWOMAN WERING said she is aware we do this contract regularly but asked for understanding 299 of legislation and why the need to bypass three reads for transparency. 300 DIRECTOR HITCH said that it took a while because they were reviewing the contract with ODOT because 301 there was a hiccup with delivery this year, The state contract for buying salt is very hardcore, in that 302 you put in for a certain amount every year and you have to buy and keep it no matter what. In order 303 to curtail having too much on hand there have been additional addresses added with North Olmsted 304 and Westgate Mall for storage. 305 COUNCILWOMAN MANN asked if we already know the price and how much it is. 306 DIRECTOR HITCH said the costs are in the contract and we will be getting about 200,000 tons, 307 at a cost of about $90, 000 with additional delivery, fuel and any other charges that get passed on 308 to us. 309 THE CHAIR asked if there was any further discussion prior to passage. No discussion 310 ROLL ON PASSAGE (PASSED) Vote: YES-7, NO-0 311 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 312 313 REPORTS AND COMMUNICATIONS FROM THE MAYOR, DIRECTORS AND OTHER CITY 314 OFFICIALS 315 MAYOR SCHNEIDER reported the following: 316 -About 2.5inches of rain fell and the city fared pretty well. He said he believes the intensive sewer 317 cleaning really paid off, and will be continued, as well as fixing issues as they come. He said to 318 keep Kentucky and the rest of Southern Ohio in mind, as they got drenched. 319 - Gemini has started construction, with electrical subcontracting work now, and Welty is working 320 with Director Kemp as that project is moving along. 321 - There was a 2-hour dispatch consolidation meeting in Westlake in regard to some form of a 322 potential consolidated dispatch. The majority of time was spent on a presentation by North 323 Olmsted on what it would look like, but there are still many details missing and would require a 324 buy-in from multiple cities. He is not sure where things will go. 325 326 DIRECTOR HITCH said that last week all 3 pump stations were cleaned and there were some items found 327 to be addressed with West 220 station and they will look for contractor for that. The West Valley 328 station will need some renovation sooner than later. In between this, they are working on cutting 329 grass between all this weather and rain. He said the picture will be hung up soon in Chambers. 330 331 DIRECTOR PAE said that the required financial report was released today and can be discussed in 332 committee. It was shared with council, the mayor and is on website. 333 334 ENGINEER KERBER reported that the work on Coe Creek continues with in-stream work 335 complete and landscape plantings. The Woodstock Avenue project is in final review with the Ohio 336 EPA and Cleveland Water and should be bid in the next 2 weeks. The design for the Stanford 337 project is at about 90 percent and will be submitted for review shortly. The 2025 Street repair 338 project is under design, and advertising for bids is expected by end of the month. The 2024 339 contractor will be working on W 220th St south of Lorain to finish up the work from last year. 340 341 PUBLIC SESSION 342 MR. PETE BARTKIEWICZ - Fairview Park Firefighters IAFF Local 1057 - MR. 343 BARTKIEWICZ, is the Local 1057 Union President and a Fairview Park Firefighter said that he 344
COUNCIL MINUTES_APRIL 7, 2025 | Page 8 was at a meeting today with Westshore Mayors and other union leadership to discuss plans for 345 regionalized dispatch with Rocky River, Bay Village and Westlake. 346 Currently dispatch is through WestCom since 2005, and was formed as a regional dispatch that 347 was supposed to be police and fire, but ended up as fire only, The County would like to consolidate 348 once again, so they are just trying to get ahead of discussions. He read the following statement: 349 Mayor Schneider and Fairview Park City Council members, 350 We want to express our unwavering support for the WestCom Fire Dispatch Center, which has been an 351 essential part of our regional emergency response system since its establishment in 2005. Over the years, 352 WestCom has consistently demonstrated its commitment to excellence and compliance with both the Ohio 353 Administrative Code 5507 and NFPA 1710 standards. This dedication has established WestCom as a 354 benchmark for dispatch centers throughout the county. 355 When the 2010 Westshore ESC study proposed consolidation recommendations, WestCom emerged as the 356 cornerstone for implementing 95% of over 100 suggestions aimed at enhancing regional efficiency and 357 collaboration. This proactive approach has not only benefited our Westshore communities—comprising 358 Westlake, Fairview Park, Rocky River, and Bay Village—but has also set an example for other 359 communities to follow. 360 In contrast, North Olmsted Fire Dispatch's decision to remain outside of WestCom has created unnecessary 361 confusion and inefficiencies in emergency responses. These issues pose significant safety risks and 362 underscore the critical need for a unified dispatch center. 363 The Westshore fire departments have developed a remarkable level of coordination and collaboration 364 through WestCom, operating almost as a single unit. A shining example of this collaboration is displayed 365 in the response to a house fire in Fairview Park on Saturday, February 22nd of this year. 366 Because of the fact that all Fairview Park Fire units were busy with other emergency calls, WestCom 367 notified Rocky River Fire of the house fire and dispatched their units as the initial response. Rocky River 368 Fire units arrived on scene within minutes as did Chief Raffin (responding from home) and the fire was 369 quickly extinguished preventing what could have been a much larger tragedy for the family. 370 As we consider future advancements in dispatch services, it is crucial to reflect on the progress we have 371 made with WestCom. The time, resources, and trust invested by the Westshore departments of Westlake, 372 Rocky River, Fairview Park, and Bay Village have fostered a robust emergency response system that should 373 not be jeopardized. Transitioning to a new dispatch center that lacks a proven track record of collaboration 374 and success would be detrimental to our communities and first responders. 375 In closing, we remain committed to the WestCom Fire Dispatch Center, which has been instrumental in our 376 successes over the past 20 years. Let us continue to build on those successes, ensuring that the Westshore 377 region remains a model of regional cooperation in fire and police emergency response. 378 MR. BARTKIEWICZ pointed out resident Jamie Davis, who in 2016 who was the dispatcher who 379 initiated CPR instructions and coordination with the Fire Department for an individual who was 380 helping someone experiencing a heart attack. He is here to provide any input regarding WestCom 381 that council may have on the subject. 382 CHIEF RAFFIN said he just wanted to give an opportunity to ask questions and understanding on 383 where this stands. The dispatch consolidation conversation is not new, but we need to start doing 384 something. There are essentially 3 options out there: 1) North Olmsted dispatch as a regional 385 center; 2) Moving WestCom into a larger location in Westlake to create more of a safety services 386 center on the west side; and 3) do nothing and keep at WestCom. He stressed that none of it works 387 unless all these municipalities stay together, solid and cohesive because when it changes the 388 service will change. The financial incentive piece sis the county has promised a note of about $3 389 million dollars to do a consolidated dispatch with both police and fire with 4 cities being the magic 390 number. He said he is personally not in favor of joining a North Olmsted dispatch. They had an 391 opportunity to join in 2005, and did not. WestCom has a proven track record through studies and 392 22,000 calls for service responded to. He said he came as a courtesy tonight a, and said it’s a matter 393
COUNCIL MINUTES_APRIL 7, 2025 | Page 9 for Fire Chiefs being fatigued as this has been going on for years. There is a lot of indecisiveness 394 going on, and this is the time to figure out what to do. The right is answer is not North Olmsted, 395 nor to do nothing. He believes that WestCom should continue to exist on some different level 396 possibly somewhat bigger, which the mayor is supportive of in conversations and WestCom. The 397 issue is our police is currently with North Olmsted dispatch. 398 COUNCILWOMAN GREENFIELD thanked the firemen for coming out and said she appreciates 399 this input. She asked what has County stated in terms of WestCom other than 4 city consolidation 400 and the $3 million commitment. 401 CHIEF RAFFIN said that it was a long story, that started with a 911 plan which gave timelines for 402 consolidated dispatch plans. In 2010 there was ESCI study, looking at a project manager in making 403 it a regional area. That has morphed into other things although the 911 plan still exists but now 404 trying to get regional centers together with incentive of funding if things can come together with 405 4 cities of police and fire in a combined dispatch center. While he believes there should be a police 406 and fire solution, but to the why needs to be answered. What they have works and it hit 92% of the 407 ESCI recommended outcomes got filled by WestCom. He is not sure what North Olmsted hit, and 408 to go someplace it needs to be equal or tremendously lesser cost or better at a slightly higher cost, 409 and he doesn’t know where that lies, He knows the value at WestCom. 410 411 COUNCILWOMAN WERING thanked the firefighters for coming and said knowing your stance 412 is important to understand and know what’s in stake. She asked if there is a semi-regional police 413 force that exists. 414 CHIEF RAFFIN said the concern with moving anywhere is that if you move WestCom to a North 415 Olmsted dispatch center because for all the things that have been done for 20 years with fire you 416 don’t want to end up in quagmire of doing new things which won’t sit well. For the police, there 417 is no regional dispatch, most cities do their own, which is inefficient. The difficulty is going 418 through the growing pains. He remembers them from the start of WestCom, he thinks that it would 419 be better to build on something you have than shifting gears and going with something you don’t 420 know how its going to go. 421 COUNCILWOMAN WERING asked who is taking the lead with conversations and moving 422 forward. 423 MAYOR SCHNEIDER said there wouldn’t be having a consolidated dispatch discussion if there 424 wasn’t $3million dollars involved. 425 CHIEF RAFFIN agreed, but also believes that NO wouldn’t be looking to build a dispatch ctr if 426 there was no money involved. On the other hand, the current model and structure of the police and 427 fire departments is an unsustainable model and something has to be done. Consolidation is the way 428 and had WestCom not been created our force would have had to grow tremendously. Runs have 429 gone up and manning has gone down and that’s due to regionalized concept. If you break that 430 apart, it’s a big mess. 431 MAYOR SCHNEIDER said that the County has given a May 1 due date, or the County would be 432 taking back the funds and returning to the General Fund. It has been a haphazard race and the only 433 real plan so far that was flushed out was North Olmsted, which was which was Apr 7. The Westlake 434 mayor has to make plans in order for any future for WestCom and police to occur, which has not 435 happened. There is no way forward at the current time. 436 CHIEF RAFFIN said that the North Olmsted plan is not a plan, its an abstract plan, a politics move, 437 they moved forward without discussion with fire chiefs and giving the respect and courtesy of 438 being notified. Regardless, legislation will need to happen, so he wants Council to be aware. 439
COUNCIL MINUTES_APRIL 7, 2025 | Page 10 440 COUNCILWOMAN MANN asked if the police department is happy with North Olmsted dispatch. 441 MAYOR SCHNIEDER said if you ask Chief Shepard he will say yes, and noted he was not in the 442 room. He said there have been some issues, but he feels there will always be issues. Chief Shepard 443 said they are doing well, and work well together and we are getting service we are paying for and 444 desire. 445 COUNCILWOMAN MANN asked about the issues when setting up WestCom and said that it is 446 possible with a consolidated North Olmsted dispatch. 447 CHIEF RAFFIN said they did have growing pains and speed bumps but they were a short period 448 of time. He mentioned a couple s with fire dispatch currently with North Olmsted regarding 449 frequencies incompatibility, vehicle and ladder numbering, and wondered where you go starting 450 with those issues. He said that’s not to say they wouldn’t change and he doesn’t want to go down 451 road of hypotheticals. 452 COUNCILWOMAN MANN asked if those issues would not be resolvable if there was 453 consolidation. 454 CHIEF RAFFIN said he doesn’t have those problem so why leave and create more problems with 455 something that is working. 456 COUNCILWOMAN MANN said that her understanding that consolidating everything at 457 WestCom was not feasible due to not having a facility. 458 MAYOR SCHNEIDER clarified that that was something communicated earlier by a federal 459 engineers looking at issue. 460 CHIEF RAFFIN said they had picked Westlake Community Center as a first pick, and North 461 Olmsted as a second option. There is no solid blueprint that has been laid out. He feels it would 462 COUNCILWOMAN WERING thanked the mayor and Chief for providing the background and 463 bringing it up to date. She asked for continued updates and to keep Council aware of anything they 464 can from behind to help. 465 MAYOR SCHNEIDER said that the difficult part is we don’t own land to build anything on. 466 CHIEF RAFFIN said that the difficult part is that is that it requires work; time to figure out how it 467 gets done. 468 MAYOR SCHNEIDER said that this has been a topic at COG meetings, but nothing has moved 469 forward from those conversations, until this recent impetus to move forward. 470 CHIEF RAFFIN said it’s time to do something and figure out what that is. He said doing the right 471 thing is not always the same as doing things right. He said doing the right thing is sticking to what 472 they have, there are strengths there. He said the items presented a by North Olmsted by what they 473 are done at a rate of what 95% of WestCom already does. What they need is the people, and it’s 474 clear based on conversations he’s had. He offered for Council to contact him with any questions. 475 476 ISCELLANEOUS BUSINESS AND COMMENTS BY MEMBERS OF COUNCIL 477 COUNCILMAN MINEK thanked the Fire Chief and Fire Department for their input today. 478 479 COUNCILWOMAN GREENFIELD thanked everyone for coming out and a special thank you to Director 480 Hitch for help for resident in Ward 3 and attentiveness to sewer issues. 481 482 THE CHAIR made a motion to adjourn with no further business. 483 ROLL ON MOTION: Vote: YES-7, NO-0 484 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 485 Motion carries, meeting adjourned at 8:19p.m. 486
COUNCIL MINUTES_APRIL 7, 2025 | Page 11 487 ________________________________ 488 Michael P. Kilbane, Council President 489 490 491 ________________________________ 492 Liz L. Westbrooks, Clerk of Council 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536
COUNCIL MINUTES_APRIL 21, 2025 | Page 1 1 2 MINUTES OF THE REGULAR MEETING OF FAIRVIEW PARK CITY COUNCIL 3 MONDAY, APRIL 21, 2025 4 5 The regular meeting of Council was called to order by Council President Kilbane at 7:00 p.m. 6 MOMENT OF SILENT PRAYER 7 ROLL CALL | PRESENT: 8 COUNCIL – B. Minek, T. Greenfield, M. Kilbane, B. King and K. Mann 9 ADMINISTRATION – Mayor Schneider, Director Pae, Director Hitch and Director Dever 10 11 THE CHAIR made a motion to excuse Councilwoman S. Wering from the meeting. 12 ROLL ON MOTION: Vote: YES-5, NO-0 13 YES: B. Minek, T. Greenfield, M. Kilbane, B. King and K. Mann 14 15 THE CHAIR made a motion to excuse Councilman B. Simmerly from the meeting. 16 Council President and Clerk Westbrooks were asked if they had received any communications regarding 17 Councilman Simmerly’s attendance for meeting. Both replied that they had not received anything. 18 ROLL ON MOTION: Vote: YES-3, NO-2 19 YES: B. Minek, T. Greenfield and M. Kilbane | NO: B. King and K. Mann 20 21 WRITTEN COMMUNICATIONS, PETITIONS AND CLAIMS 22 23 COMMITTEE REPORTS 24 THE CLERK read the Local Government and Community Services Committee report: 25 The Local Government and Community Services Committee met on Monday, April 14 and began at 7:16 26 PM. 27 In attendance were members of Council, community and the Administration. 28 There was only one item on the agenda. Ordinance 25-22 Amending Chapter 706 Hotel and Motel Tax. 29 This ordinance is adding Short Term Rental to the section. “Short-term rental” means any establishment 30 offering less than five rooms for the accommodation of guests, which is rented for a fee for less than thirty 31 (30) consecutive days and not less than twenty-four (24) hours, whether such rooms are in one or several 32 structures. 33 Law Director Dever also added this ordinance adds reporting requirements for those offering short term 34 rentals and allows the city to collect the 3%. This will also give us a holistic picture of how many short- 35 term rentals are actually in the city. The city previously did a survey and identified about 25 short-term 36 rentals. 37 A motion to place Ord. 25-22 on second subsequent third reading passed 6-0. 38 Local Government and Community Services ended at 7:20 PM. 39 This concludes my report. 40 41 COUNCILWOMAN KING reported that the Finance Committee met on April 14 at 7pm and the audio 42 recording of the meetings are available on the City’s website. 43 The following was discussed: 44 Ordinance 25-18 - Agreement and Contracts for Lease Financing and Contracts for Service and Recreation 45 Department 46 This ordinance remained in committee while the life of a street sweeper was looked into. The street 47 sweeper can last from 5-9 years and our current street sweeper is 2003. 48 A motion was made to have this on third read and final passage and it passed with a vote of 6-0. 49 Ordinance 25-23 - Authorizing Purchase Computer Equipment from Go2It for city departments 50
COUNCIL MINUTES_APRIL 21, 2025 | Page 2 This is for a computer and server upgrades. The last upgrade was completed in 2020. The lifespan of the 51 servers and work stations is roughly 5 years. Our current equipment has reached end of life and it no longer 52 meets the modern security or performance standards. A rep from Go2It was present to answer all questions. 53 A motion was made to have this on 2nd and subsequent 3rd read and that passed with a vote of 6-0. 54 ISSUE: Monthly Financial Reports 55 A brief discussion was had on the March report. The general agreement from council is that it is an excellent 56 tool with important information and helps with transparency. A motion was made to have this issue remain 57 in committee and that passed with a vote of 6-0. 58 The Finance committee concluded at 7:16 pm. This concludes my report 59 60 LEGISLATION ON FIRST READING 61 COUNCILWOMAN KING placed the following legislation on first reading and introduction: 62 ORDINANCE NO. 25-24 63 REQUESTED BY: KERRY KEMP, DIRECTOR OF RECREATION 64 SPONSORED BY: COUNCILWOMAN KING 65 AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FIFTY-FIVE THOUSAND DOLLARS 66 ($55,000.00) TO THE CITY OF ROCKY RIVER FOR CAPITAL IMPROVEMENT PROJECTS AND 67 THE ANNUAL OPERATIONAL COSTS AND USAGE FEE FOR TRI-CITY PARK AND DECLARING 68 AN EMERGENCY 69 ACTION: Ordinance 25-24 was placed on first reading and referred to the Finance Committee. 70 71 LEGISLATION ON SECOND READING 72 COUNCILWOMAN KING placed the following on second reading: 73 ORDINANCE NO. 25-22 74 REQUESTED BY: MAYOR BILL SCHNEIDER 75 SPONSORED BY: COUNCILWOMAN WERING and COUNCILWOMAN MANN 76 AN ORDINANCE AMENDING SECTION 706.01, SECTION 706.02 (a), SECTION 706.02 (b), AND 77 SECTION 706.13 OF CHAPTER 706, ENTITLED "HOTEL AND MOTEL TAX" OF THE CODIFIED 78 ORDINANCES OF THE CITY OF FAIRVIEW PARK AND DECLARING AN EMERGENCY 79 ACTION: Ordinance 25-22 was placed on second reading and subsequent third reading. 80 81 COUNCILWOMAN KING placed the following on second reading: 82 ORDINANCE NO. 25-23 83 REQUESTED BY: MAYOR BILL SCHNEIDER 84 SPONSORED BY: COUNCILWOMAN KING 85 AN ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE COMPUTER EQUIPMENT FOR 86 THE CITY OF FAIRVIEW PARK FROM GO2IT AND DECLARING AN EMERGENCY 87 ACTION: Ordinance 25-23 was placed on second reading and subsequent third reading. 88 89 AUDIENCE INPUT ON LEGISLATION UP FOR PASSAGE 90 91 LEGISLATION UP FOR THIRD READING AND FINAL PASSAGE 92 COUNCILWOMAN KING placed the following legislation up for third reading and final passage: 93 RESOLUTION NO. 25-04 94 REQUESTED AND SPONSORED BY: COUNCILWOMAN MANN 95 CO-SPONSORED BY: COUNCILMAN MINEK 96 A RESOLUTION IN SUPPORT OF STATE ISSUE 2 FOR RENEWAL OF THE STATE CAPITAL 97 IMPROVEMENT PROGRAM (SCIP) ON THE MAY 6, 2025 STATEWIDE BALLOT 98 ROLL ON PASSAGE (PASSED) Vote: YES-5, NO-0 99 YES: B. Minek, T. Greenfield, M. Kilbane, B. King and K. Mann 100
COUNCIL MINUTES_APRIL 21, 2025 | Page 3 101 COUNCILWOMAN KING placed the following up for third reading and final passage: 102 ORDINANCE NO. 25-18 103 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR / HR MANAGER 104 REQUESTED BY: MAYOR BILL SCHNEIDER 105 SPONSORED BY: COUNCILWOMAN KING 106 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH 107 HUNTINGTON PUBLIC CAPITAL CORPORATION FOR LEASE FINANCING AND TO ENTER 108 INTO CONTRACTS FOR THE PURCHASE OF SERVICE DEPARMENT AND POLICE 109 DEPARTMENT VEHICLES AND EQUIPMENT, AND DECLARING AN EMERGENCY 110 ROLL ON PASSAGE (PASSED) Vote: YES-5, NO-0 111 YES: B. Minek, T. Greenfield, M. Kilbane, B. King and K. Mann 112 113 ORDINANCE NO. 25-19 114 ORIGINATED BY: KERRY KEMP, DIRECTOR OF PARKS AND RECREATION 115 REQUESTED BY: MAYOR BILL SCHNEIDER 116 SPONSORED BY: COUNCILWOMAN KING 117 AN ORDINANCE AUTHORIZING THE PURCHASE OF A 2024 FORD RANGER XL 24 P00043 TO 118 BE USED BY THE PARKS AND RECREATON DEPARTMENT FROM LIBERTY FORD AND 119 DECLARING AN EMERGENCY 120 ROLL ON PASSAGE (PASSED) Vote: YES-5, NO-0 121 YES: B. Minek, T. Greenfield, M. Kilbane, B. King and K. Mann 122 123 ORDINANCE NO. 25-20 124 ORIGINATED BY: KERRY KEMP, DIRECTOR OF PARKS AND RECREATION 125 REQUESTED BY: MAYOR BILL SCHNEIDER 126 SPONSORED BY: COUNCILWOMAN KING 127 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE 128 CITY OF WESTLAKE FOR THE SALE OF OBSOLETE POOL EQUIPMENT AND DECLARING AN 129 EMERGENCY 130 ROLL ON PASSAGE (PASSED) Vote: YES-5, NO-0 131 YES: B. Minek, T. Greenfield, M. Kilbane, B. King and K. Mann 132 133 REPORTS AND COMMUNICATIONS FROM THE MAYOR, DIRECTORS AND OTHER CITY 134 OFFICIALS 135 MAYOR SCHNEIDER reported the following: 136 - Attended Cleveland Restoration Society breakfast where Heritage Home funding was discussed,. There 137 is an issue of concern for federal funding cuts, whichwould impact the program. 138 - May 1 will be the State of the Community in conjunction with Superintendent Ahern at the Gemini 139 Center at 7pm. 140 - The city has hired a hired for two positions in the Recreation Department. A Facilities 141 Coordinator/Aquatics, who will be starting in June and working to establish a program hiring lifeguards 142 and making sure a maintenance program is put in place. A Program Coordinator for Recreation has also 143 been hired and started today and will be handling programs for the Gemini, and recreation throughout 144 the city. 145 - A Site mobilization meeting was held last week with Welty, architect and other designers. They will be 146 held weekly with the Owner’s Rep to make sure everyone is on board. There is a preliminary 147 subcontractor list that will be added to. Disconnection of the pool has begun. 148 - Many projects are going on in the city, and RFQs will be put out for other engineering programs to 149 work on them. 150
COUNCIL MINUTES_APRIL 21, 2025 | Page 4 151 DIRECTOR HITCH the work continues to fill potholes, patch repairs on streets and cutting grass between 152 rains. The West 220th pump station is still waiting for estimate to get the second pump up and running, as 153 parts are getting scarce. Looking at sewers on W. 215, W 217 and W 219 in conjunction with Enbridge gas 154 line project. Footage was taken and showed about 30 spots with compromised laterals and will be worked 155 on as they are on their project. 156 157 MAYOR SCHNEIDER gave Engineer Kerber’s report and said that the West 225 sewer repairs were 158 advertised on Friday, April 18 and the bids will be opened on May 2nd. Lines open, but there are a couple 159 collapses that endanger service. 160 161 PUBLIC SESSION 162 163 MISCELLANEOUS BUSINESS AND COMMENTS BY MEMBERS OF COUNCIL 164 COUNCILWOMAN KING announced that the Fairview Park Community Council has selected Kathy 165 Yarian as the 2025 Citizen of the Year. A dinner will be held at the Senior Center on May 7 at 6:30 pm . 166 Tickets are available fat City Hall, the Senior Center, PJs Spa or through Denise Devine who’s information 167 is available on the city website with information about Kathy. 168 169 THE CHAIR made a motion to adjourn with no further business. 170 ROLL ON MOTION: Vote: YES-5, NO-0 171 YES: B. Minek, T. Greenfield, M. Kilbane, B. King and K. Mann 172 Motion carries, meeting adjourned at 7:17p.m. 173 174 175 ________________________________ 176 Michael P. Kilbane, Council President 177 178 179 ________________________________ 180 Liz L. Westbrooks, Clerk of Council 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200
COUNCIL MINUTES_MAY 5, 2025 | Page 1 1 MINUTES OF THE REGULAR MEETING OF FAIRVIEW PARK CITY COUNCIL 2 MONDAY, MAY 5, 2025 3 4 The regular meeting of Council was called to order by Council President Kilbane at 7:00 p.m. 5 MOMENT OF SILENT PRAYER 6 ROLL CALL | PRESENT: 7 COUNCIL – B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 8 ADMINISTRATION – Mayor Schneider, Director Pae, Director Hitch and Director Dever 9 10 WRITTEN COMMUNICATIONS, PETITIONS AND CLAIMS 11 12 COMMITTEE REPORTS 13 COUNCILWOMAN WERING reported that the Local Government and Community Services Committee 14 met on Monday, April 28th beginning at 7:06 PM. Present were the Mayor, Council, members of the 15 Diversity Equity and Inclusion coalition and residents. The committee discussed one issue, The City's 16 Response to Systemic Racism. The DEI coalition presented what they are working on to Council, 17 including their 2025 goal and objectives. A motion to leave City's Response to Systemic Racism in 18 committee passed 6-0. Local Government and Community Services ended at 7:47 PM. 19 20 COUNCILWOMAN KING reported that the Finance Committee met on Monday, April 28. 21 The audio recording of the meetings are available on the city’s website. 22 The following was discussed: 23 Ordinance 25-24, Authorizing Expenditures for Tri-City Park Improvement Projects, Operations and 24 Usage Fees 25 This piece of legislation is for our portion for the repaving of four tennis courts at Tri-City park and the 26 standard operating procedure to pay our portion of the park operation costs. A motion was made to have 27 this on second and subsequent 3rd read and that passed with a vote of 6-0. 28 The Finance committee concluded at 7:49 pm. This concludes my report. 29 30 THE CHAIR made a motion to remove Ordinance 25-22 from the agenda. 31 Moved and Seconded. 32 ROLL ON MOTION: Vote: YES-7, NO-0 33 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 34 35 LEGISLATION ON FIRST READING 36 COUNCILWOMAN WERING placed the following legislation on first reading and introduction: 37 ORDINANCE NO. 25-25 38 REQUESTED BY: KERRY KEMP, RECREATION DIRECTOR 39 SPONSORED BY: COUNCILWOMAN WERING 40 AN ORDINANCE AMENDING SECTIONS 921.03 (a)(3) AND 923.03(c) OF THE CODIFIED 41 ORDINANCES OF THE CITY OF FAIRVIEW PARK TO PERMIT ALCOHOL IN BAIN CABIN AND 42 DECLARING AN EMERGENCY 43 ACTION: Ordinance 25-25 was placed on first reading and referred to the Local Government and 44 Community Services Committee. 45 46 COUNCILWOMAN KING placed the following legislation on first reading and introduction: 47 ORDINANCE NO. 25-26 48 REQUESTED BY: BRYAN HITCH, SERVICE DIRECTOR 49 SPONSORED BY: COUNCILWOMAN KING 50
COUNCIL MINUTES_MAY 5, 2025 | Page 2 AN ORDINANCE AUTHORIZING THE ADMINISTRATION TO EXECUTE A MUTUAL 51 AGREEMENT FOR OPTION YEARS 1 AND 2 OF THE CONTRACT WITH BROWNING-FERRIS 52 INDUSTRIES OF OHIO, INC., DBA REPUBLIC SERVICES OF ELYRIA FOR RESIDENTIAL SOLID 53 WASTE COLLECTION, DISPOSAL AND RECYCLING SERVICES AND DECLARING AN 54 EMERGENCY 55 ACTION: Ordinance 25-26 was placed on first reading and referred to the Finance Committee. 56 57 LEGISLATION ON SECOND READING 58 COUNCILWOMAN KING placed the following on second reading: 59 ORDINANCE NO. 25-24 60 REQUESTED BY: KERRY KEMP, DIRECTOR OF RECREATION 61 SPONSORED BY: COUNCILWOMAN KING 62 AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FIFTY-FIVE THOUSAND DOLLARS 63 ($55,000.00) TO THE CITY OF ROCKY RIVER FOR CAPITAL IMPROVEMENT PROJECTS AND 64 THE ANNUAL OPERATIONAL COSTS AND USAGE FEE FOR TRI-CITY PARK AND DECLARING 65 AN EMERGENCY 66 ACTION: Ordinance 25-24 was placed on second reading and subsequent third reading. 67 68 AUDIENCE INPUT ON LEGISLATION UP FOR PASSAGE 69 70 LEGISLATION UP FOR THIRD READING AND FINAL PASSAGE 71 COUNCILWOMAN KING placed the following legislation up for third reading and final passage: 72 ORDINANCE NO. 25-23 73 REQUESTED BY: MAYOR BILL SCHNEIDER 74 SPONSORED BY: COUNCILWOMAN KING 75 AN ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE COMPUTER EQUIPMENT FOR 76 THE CITY OF FAIRVIEW PARK FROM GO2IT AND DECLARING AN EMERGENCY 77 ROLL ON PASSAGE (PASSED) Vote: YES-7, NO-0 78 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 79 80 LEGISLATION UP FOR PASSAGE WITHOUT THREE READINGS 81 COUNCILMAN MINEK placed the following legislation up for emergency passage. 82 RESOLUTION 25-08 83 REQUESTED BY: COUNCILMAN MINEK AND COUNCILWOMAN KING 84 CO-SPONSORED BY: CITY COUNCIL AS A WHOLE 85 A RESOLUTION HONORING KATHY YARIAN - 2025 CITIZEN OF THE YEAR 86 COUNCILMAN MINEK made a motion to Suspend the Charter Provision & Rule 49 requiring 3 readings 87 Moved and Seconded 88 ROLL ON MOTION: Vote: YES-7, NO-0 89 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 90 COUNCILMAN MINEK made a motion to Dispense with Rule 53 requiring reference to committee. 91 Moved and Seconded 92 ROLL ON MOTION: Vote: YES-7, NO-0 93 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 94 THE CHAIR asked if there was any further discussion prior to passage. 95 COUNCILMAN MINEK said that this resolution will be presented at the Citizen of the Year Dinner, 96 ROLL ON PASSAGE (PASSED) Vote: YES-7, NO-0 97 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 98 99
COUNCIL MINUTES_MAY 5, 2025 | Page 3 REPORTS AND COMMUNICATIONS FROM THE MAYOR, DIRECTORS AND OTHER CITY 100 OFFICIALS 101 MAYOR SCHNEIDER reported the following: 102 -Thanked all that were in involved in preparing for presenting the State of the Community that was held 103 last week between the City and City Schools. Aiming for hosting at the Gemini next year. 104 - Citizen of the Year dinner is Wednesday at the Senior Center. 105 - Gemini project is taking off with window work, the covered walkway and removal of outdoor slide 106 supports. They will be removing other items and we will eventually hear jackhammer work starting. 107 108 DIRECTOR HITCH – West 225th construction project received one bid which was 20 % over the 109 Engineer’s cost and will be re-advertised and bid. Parts issue is delaying W. 220th pump station work, so as 110 soon as that is resolved work will start once received. Work on cemetery will begin this week with work 111 on fence, tree work, curb and asphalt work. 112 113 DIRECTOR PAE – Human Resources welcomes two new employees in Recreation Department; Erin 114 Alexeff will be the Program Coordinator, and Cindi Tscherne who will be the Aquatics/Facility Manager. 115 The city has made an offer to Megan Cooney for a Marketing and Special Events Coordinator position, 116 who’s duties will be split between the Recreation Department and Mayor’s Office. We are saying goodbye 117 to Matt Grandel in the Service Department who has worked for the city for 9 1/2 years. In the Police 118 Department, there were 8 applicants for lateral transfer, and 28 that tested an applied for entry and will be 119 invited to the May 24 agility test at the Gemini and hopefully some offers will be made from there. The 120 Fire Department is working on doing interviews for their open positions. 121 122 DIRECTOR DEVER encouraged Council to take a look at the annual report from Rocky River Municipal 123 Court. He said the participating legal departments and Law Director are doing a deep dive into outstanding 124 cases to have a better understanding on how to better prosecute cases and what the statuses are with the 125 court. Any comments are welcome after reviewing. 126 127 MAYOR SCHNEIDER gave Engineer Kerber’s report and said that the Woodstock and Stanford Aves 128 project is hoping to go to bid soon, and may be group in larger project since they couldn’t get any on W. 129 225 project, in efforts to make it easier in pricing to bid a larger project, 130 131 PUBLIC SESSION 132 MR. JOHN TAYLOR - 22405 Macbeth Ave – MR. TAYLOR asked about recent reporting of incidents of 133 systemic racism. He questioned whether the Chair of the DEI Coalition was a resident of the city and was 134 upset she would not disclose her address to him when he asked, He said he took offense to her saying during 135 her presentation last week that someone told her at last year’s Summerfest that Fairview is a racist 136 community, sight unseen. He said there have been some people of color Ward 5 for a number of years now. 137 He said he didn’t appreciate the head of a welcoming entity in the community laying that on the residents, 138 because from what he can see it’s not. 139 140 THE CHAIR said that he doesn’t appreciate it either, but there are some characters in it. He said that there 141 have been individuals wearing confederate flag gear to meetings; it doesn’t get more racist than that. 142 MR. TAYLOR said that he didn’t think it was fair for Council President to make comments on his Facebook 143 page a few years ago. 144 THE CHAIR stated that that is his personal page and he can say what he wants there. 145 COUNCILWOMAN WERING asked that personal attacks towards members of Council be refrained from 146 as there are rules in public commenting, 147 MAYOR SCHNEIDER said that Chair Benion was relaying a story she heard as part of a presentation. 148 149
COUNCIL MINUTES_MAY 5, 2025 | Page 4 COUNCILWOMAN WERING stated that she appreciated Mr. Taylor’s comment and heard it, but 150 understands that while its uncomfortable to hear that perception and know that he doesn’t appreciate it, 151 Council meeting is not a place to litigate it. 152 MR. TAYLOR said he hopes that they think a little bit before they proceed with that type of topic. 153 MAYOR SCHNEIDER stated that he would appreciate if the DEI coalition would always relay that type 154 of information so that as adults it can be talked about. 155 COUNCILWOMAN KING told Mr. Taylor that Dr. Benion is indeed a resident as that is a prerequisite to 156 being on the coalition and was verified. 157 MR. TAYLOR said he did not like her posture in how it was said and he would have understood if additional 158 information was offered in her response, 159 160 MR. STEVEN RUANE – 3912 W. 224th St – MR. RUANE commented that anyone speaking during 161 public comment has to give their address, and he believes anyone serving in a city commission or 162 something like it should have the responsibility of having that known to the public. 163 164 COUNCILWOMAN WERING clarified that during city council meetings, a name and address are required 165 for speaking as it is a council rule. It helps to understand what kind of stakeholder is addressing in their 166 comments. She said she is unclear on other Commission processes for public speaking. 167 168 DIRECTOR DEVER stated that those testifying at Board of Zoning and Appeals and Planning 169 Commissions are required to do so because they must be sworn to tell the truth. For those serving on those 170 Commissions, their address is confirmed by appointing authorities prior to serving. He said requiring 171 someone to state their address is not something that is required. 172 173 MS. CHRIS GERRETT – 21332 Eastwood Ave – MS. GERRETT said that she was here for the hotel and 174 motel issue but wanted to speak on the DEI comments made. She said is offended by statements of the city 175 being called racist, but she does not think people are wrong for saying that. She has raised kids here and 176 knows that they were exposed to instances of homophobia and racism. She stated that she has noticed that 177 it has become more exposed lately, and a couple Administrations ago, a member of the Records 178 Commission witnessed racist and homophobic comments being made. She is supportive of the city having 179 the DEI Coalition, as the city is very verbal in the community. She has been a member of many groups and 180 people over the years and is sickened by the nasty comments and mocking people, which has caused her to 181 sever ties with them. She said whatever the city can do to change the culture of Fairview regarding this, has 182 her support. 183 184 MS. AMY HARRISON - 20664 Belvidere Ave– MS. HARRISON said that her back yard backs up to 185 Bohlken Park and has constant intrusion and violation into her property by park patrons. Despite city helped 186 efforts and their own it continues with indignant disrespect. She said that she put a fence up to keep people 187 out and was advised that it needs to come down. It is a frustrating situation and she is looking for suggestions 188 as it is significantly getting worse. 189 THE CHAIR said that he is sorry this is happening and appreciates her bringing it to Council’s attention. 190 COUNCILWOMAN WERING apologized to Ms. Harrison and asked about the property lines of hers and 191 the city. 192 MS. HARRISON said that there is about a 50ft easement that they have to care for and treat as if her 193 property; She said that people come between her and her neighbor’s property. 194 MAYOR SCHNEIDER said that there is no excuse for this behavior and she should not have to deal with 195 this. There are bathrooms facilities at the park. 196 COUNCILWOMAN WERING suggested that we make sure that the bathrooms are open at park during 197 practices at all times, as that seems to be a constant complaint. 198 199
COUNCIL MINUTES_MAY 5, 2025 | Page 5 MAYOR SCHNEIDER said that while there are portable bathroom facilities in cooler months for safety 200 reasons, the coaches are supposed to reserve and advise so that facilities are available. He told Ms. Harrison 201 the city will work to find a solution. 202 203 MISCELLANEOUS BUSINESS AND COMMENTS BY MEMBERS OF COUNCIL 204 COUNCILMAN SIMMERLY – Thanked everyone for coming out and to the Service Department for work 205 being done at the cemetery. 206 207 COUNCILWOMAN GREENFIELD – Thanked Director Hitch for improvements on potholes on 227 and 208 around city and reminded everyone to go vote tomorrow. 209 210 COUNCILWOMAN WERING asked if there were specific reasons why the project on West 225th came in 211 20% over engineer cost. 212 DIRECTOR HITCH said that parts are getting scarce again, as the city is waiting for parts on our pumps 213 we’re working on also. It probably is not worth them taking on the risk for the amount of money of the 214 project, and possibly not being able to finish job without parts once they have removed parts for 215 replacement. He believes it could be a plethora of things including contractors available, everyone is busy 216 and being slowed down with specialty parts availability and a plethora of other things. He said they are 217 working to get it done as soon as possible because there are clear issues occurring on that street until it gets 218 fixed. 219 COUNCILWOMAN WERING asked since the first ordinance was passed on emergency because we knew 220 it was a high priority project, what kind of delay do you think this will cost, and do we think more than one 221 bid will come a next time around. 222 DIRECTOR HITCH said he is hoping an answer can be found, including possibly packaging as a bigger 223 job will help and will reach out to companies to get feedback. They will also reach out to contractors to get 224 feedback as to why they did not bid. 225 COUNCILWOMAN WERING asks for updates at upcoming meetings on this project. 226 227 THE CHAIR said he received a thank you from the Executive Secretary of the Cleveland AFL-CIO 228 expressing appreciation to Council and Administration for the resolution in support of protecting Social 229 Security, Medicare and Medicaid. 230 231 THE CHAIR made a motion to adjourn with no further business. 232 ROLL ON MOTION: Vote: YES-7, NO-0 233 YES: B. Simmerly, B. Minek, T. Greenfield, M. Kilbane, S. Wering, B. King and K. Mann 234 Motion carries, meeting adjourned at 7:41p.m. 235 236 237 ________________________________ 238 Michael P. Kilbane, Council President 239 240 241 ________________________________ 242 Liz L. Westbrooks, Clerk of Council 243 244 245 246 247 248 249
COUNCIL MINUTES_MAY 19, 2025 | Page 1 1 MINUTES OF THE REGULAR MEETING OF FAIRVIEW PARK CITY COUNCIL 2 MONDAY, MAY 19, 2025 3 4 The regular meeting of Council was called to order by Council President Kilbane at 7:00 p.m. 5 MOMENT OF SILENT PRAYER 6 ROLL CALL | PRESENT: 7 COUNCIL – B. Simmerly, B. Minek, M. Kilbane, S. Wering, B. King and K. Mann 8 ADMINISTRATION – Mayor Schneider, Director Hitch, Director Dever and Engineer Kerber 9 10 THE CHAIR made a motion to excuse Councilwoman T. Greenfield from the meeting. 11 ROLL ON MOTION: Vote: YES-6, NO-0 12 YES: B. Simmerly, B. Minek, M. Kilbane, S. Wering, B. King and K. Mann 13 14 WRITTEN COMMUNICATIONS, PETITIONS AND CLAIMS 15 16 COMMITTEE REPORTS 17 COUNCILWOMAN WERING reported that the Local Government and Community Services Committee 18 met on Local Government & Community Services met on Monday, May 12th beginning at 7:33 PM. Present 19 were members of Council, the Mayor, and Directors. 20 The committee discussed Ordinance 25-22, Amending Chapter 706 Hotel and Motel Tax. This was 21 returned to committee to discuss amendments to the Ordinance. Since the ordinance was introduced, the 22 definition of short-term rentals was further defined by Senate Bill 104. We adapted our definition to the 23 state's definition. It is a little more restrictive than the City's original definition. A motion to place Ordinance 24 25-22 on third reading and up for final passage passed 7-0. 25 The committee discussed Ordinance 25-25, Amending FPCO Chapters 921 and 923 to Permit Alcohol in 26 Bain Park Cabin. Nick Lumpkin, Facilities Coordinator at the Gemini Center presented to Council on the 27 proposed change. The goal of these changes is to expand rental opportunities at Bain Park Cabin while 28 protecting the Cabin itself. The Ordinance would require event liability insurance with specific liquor 29 liability, and a police offer present during the event. A motion to place Ordinance 25-25 on second, 30 subsequent third reading passed 7-0. 31 The committee discussed the issue, FPCO 111.03 - Council Rules. The committee has previously 32 discussed Sections I and II. The committee identified the following concerns for future discussion: 33 In Section I: 34 Rule 2: Council is currently are not doing anything written to request to address Council. Do we have to 35 ask for comments in committee? What is that mechanism? 36 Rule 3: What is a "legal holiday" and how do we make sure we are meeting or not meeting on the right 37 days? 38 Rule 8: Moment of Silent Prayer vs Silent Reflection (reference to prayer before a public meeting) 39 Rule 8A4: What is "cause" and is this explained later? 40 In Section II: 41 No Notes 42 The committee further discussed Section III, Committees of the Council. 43 14 A/B/C: Appears to be overlaps between committee responsibilities such as recreation fees and sanitary 44 sewer fees. Better definitions for what goes to which committee. 45 D: Why is Rec Commission 2 years and Planning & Design 4 years? 46 E: What would constitute someone not being able to vote? Additionally - everyone serves on all committees 47 as of current structure. 48 15. Update notice of committee meetings to match other language with electronic means 49 15. Should we include an attendance list in the committee report? 50
COUNCIL MINUTES_MAY 19, 2025 | Page 2 16: Strike comment on asking permission to tape/record. How do we address related to minors? 51 17: Automatically discharged and deemed recommended by committee; does this move something to the 52 floor or kill it? 53 19: What is the purpose and history of "Committee of the Whole". 54 A motion to keep this issue in committee passed 7-0. Local Government & Community Services ends at 55 8:15 PM. 56 57 COUNCILWOMAN KING reported that the audio recording of the meetings are available on the city’s 58 website. The Finance Committee met on May 12 at 7:00 pm and the following was discussed: 59 Ordinance 25-26 - Agreement with republic services for waste collection and recycling services 60 This is SOP to continue our waste and recycling services with Republic. A representative from Republic 61 was at the meeting and discussed the contract and answered all questions. There will be no change to the 62 services offered. A motion was made to have this on 2nd and subsequent 3rd read and that passed with a 63 vote of 7-0. The Finance committee concluded at 7:12 pm. This concludes my report 64 65 LEGISLATION ON FIRST READING 66 COUNCILMAN MINEK placed the following legislation on first reading and introduction: 67 ORDINANCE NO. 25-27 68 REQUESTED BY: MAYOR BILL SCHNEIDER 69 SPONSORED BY: COUNCILMAN MINEK 70 AN ORDINANCE TO ADOPT THE SOLID WASTE MANAGEMENT PLAN FOR THE CUYAHOGA 71 COUNTY SOLID WASTE MANAGEMENT DISTRICT AND DECLARING AN EMERGENCY 72 ACTION: Ordinance 25-27 was placed on first reading and referred to the Environment, Public Works, 73 Planning, Zoning & Development Committee. 74 75 ORDINANCE NO. 25-28 76 REQUESTED BY: COUNCILWOMAN MANN 77 SPONSORED BY: COUNCIL AS A WHOLE 78 AN ORDINANCE TO ESTABLISH A MUNICIPAL ARBORETUM IN BAIN PARK AND 79 AUTHORIZE ACTIONS TO PURSUE ARBNET CERTIFICATION 80 ACTION: Ordinance 25-28 was placed on first reading and referred to the Environment, Public Works, 81 Planning, Zoning & Development Committee. 82 83 ORDINANCE NO. 25-29 84 ORIGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR 85 REQUESTED BY: MAYOR BILL SCHNEIDER 86 SPONSORED BY: COUNCILMAN MINEK AND COUNCILWOMAN KING 87 AN ORDINANCE AUTHORIZING THE MAYOR TO REQUEST PROPOSALS AND TO ENTER 88 INTO A CONTRACT, AS APPROVED BY THE BOARD OF CONTROL, FOR PROFESSIONAL 89 DESIGN SERVICES FOR INFRASTRUCTURE IMPROVEMENTS IN CONNECTION WITH THE 90 SAFE ROUTES TO SCHOOL PROGRAM AND DECLARING AN EMERGENCY 91 ACTION: Ordinance 25-29 was placed on first reading and referred to the Environment, Public Works, 92 Planning, Zoning & Development Committee. 93 94 COUNCILWOMAN WERING placed the following legislation on first reading and introduction: 95 ORDINANCE NO. 25-30 96 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 97 REQUESTED BY: MAYOR BILL SCHNEIDER 98 SPONSORED BY: COUNCILWOMAN WERING and COUNCILWOMAN KING 99
COUNCIL MINUTES_MAY 19, 2025 | Page 3 AN ORDINANCE AMENDING SECTION 929.06 OF CHAPTER 929 ENTITLED, "SOLID WASTE 100 COLLECTION CHARGES" OF THE CODIFIED ORDINANCES OF THE CITY OF FAIRVIEW PARK 101 AND DECLARING AN EMERGENCY 102 ACTION: Ordinance 25-30 was placed on first reading and referred to the Local Gov’t and Community 103 Services Committee. 104 105 COUNCILWOMAN KING placed the following legislation on first reading and introduction: 106 ORDINANCE NO. 25-31 107 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 108 REQUESTED BY: MAYOR BILL SCHNEIDER 109 SPONSORED BY: COUNCILWOMAN KING 110 AN ORDINANCE ESTABLISHING THE SALARY RANGES FOR VARIOUS OFFICES AND 111 POSITIONS OF THE MUNICIPAL GOVERNMENT, REPEALING ALL OTHER ORDINANCES OR 112 PARTS OF ORDINANCES INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY 113 ACTION: Ordinance 25-31 was placed on first reading and referred to the Finance Committee. 114 115 ORDINANCE NO. 25-32 116 ORIGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR AND KERRY 117 KEMP, RECREATION DIRECTOR 118 REQUESTED BY: MAYOR BILL SCHNEIDER 119 SPONSORED BY: COUNCILWOMAN KING 120 CO-SPONSORED BY: COUNCILMAN MINEK 121 AN ORDINANCE AUTHORIZING THE INSTALLATION OF A NEW PLAYGROUND AT 122 BOHLKEN PARK BY SNIDER RECREATION INC THROUGH COOPERATIVE PROCUREMENT, 123 SOURCEWELL, AND A GRANT TOTALING THREE HUNDRED NINETY THOUSAND DOLLARS 124 ($390,000.00) AND DECLARING AN EMERGENCY 125 ACTION: Ordinance 25-32 was placed on first reading and referred to the Finance Committee. 126 127 ORDINANCE NO. 25-33 128 ORIGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR 129 REQUESTED BY: MAYOR BILL SCHNEIDER 130 SPONSORED BY: COUNCILWOMAN KING 131 CO-SPONSORED BY: COUNCILMAN MINEK 132 AN ORDINANCE SUPPORTING AND AUTHORIZING THE SUBMISSION OF AN APPLICATION 133 TO THE OHIO DEPARTMENT OF NATURAL RESOURCES FOR ROUND THIRTY-ONE OF THE 134 NATUREWORKS GRANT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE FOR THE BAIN 135 PARK TODDLER PLAYGROUND IMPROVEMENT PROJECT AND AUTHORIZING THE MAYOR 136 TO ACCEPT ANY AWARDED GRANT FUNDS AND FILE ALL DOCUMENTS AND EXECUTE ALL 137 AGREEMENTS NECESSARY TO RECEIVE AND ADMINISTER ANY AWARDED GRANT FUNDS 138 AND DECLARING AN EMERGENCY 139 ACTION: Ordinance 25-33 was placed on first reading and referred to the Finance Committee. 140 141 ORDINANCE NO. 25-34 142 REQUESTED BY: ANTHONY RAFFIN, FIRE CHIEF 143 SPONSORED BY: COUNCILWOMAN KING 144 AN ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE TWO LIFEPAK 35 145 DEFIBRILLATORS FOR THE FIRE DEPARTMENT AND DECLARING AN EMERGENCY 146 ACTION: Ordinance 25-34 was placed on first reading and referred to the Finance Committee. 147 148 ORDINANCE NO. 25-35 149
COUNCIL MINUTES_MAY 19, 2025 | Page 4 REQUESTED BY: MAYOR BILL SCHNEIDER 150 SPONSORED BY: COUNCILWOMAN KING and COUNCILMAN MINEK 151 AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOT TO EXCEEED $3,000,000 152 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING 153 COSTS OF IMPROVING THE CITY’S SANITARY SEWERAGE SYSTEM BY CONSTRUCTING 154 AND IMPROVING SANITARY AND STORM SEWERS AND RELATED SANITARY AND 155 DRAINAGE FACILITIES, AND DECLARING AN EMERGENCY. 156 ACTION: Ordinance 25-35 was placed on first reading and referred to the Finance Committee. 157 158 ORDINANCE NO. 25-36 159 REQUESTED BY: MAYOR BILL SCHNEIDER 160 SPONSORED BY: COUNCILWOMAN KING 161 AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF BONDS IN THE MAXIMUM 162 PRINCIPAL AMOUNT OF $12,900,000 FOR THE PURPOSE OF REHABILITATING, RENOVATING, 163 FURNISHING, EQUIPPING AND OTHERWISE IMPROVING THE GEMINI CENTER AND 164 IMPROVING AND EQUIPPING ITS SITE, AND DECLARING AN EMERGENCY. 165 ACTION: Ordinance 25-36 was placed on first reading and referred to the Finance Committee. 166 167 ORDINANCE NO. 25-37 168 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 169 REQUESTED BY: MAYOR BILL SCHNEIDER 170 SPONSORED BY: COUNCILWOMAN KING 171 AN ORDINANCE LEVYING SPECIAL ASSESSMENTS FOR COLLECTION OF THE MONTHLY 172 CHARGE FOR COLLECTION OF SOLID WASTE IN THE CITY OF FAIRVIEW PARK, OHIO FOR 173 THE TAX YEAR 2025 AND DECLARING AN EMERGENCY 174 ACTION: Ordinance 25-37 was placed on first reading and referred to the Finance Committee. 175 176 ORDINANCE NO. 25-38 177 ORGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 178 REQUESTED BY: MAYOR BILL SCHNEIDER 179 SPONSORED BY: COUNCILWOMAN KING 180 AN ORDINANCE LEVYING SPECIAL ASSESSMENTS FOR THE IMPROVEMENT OF ALL OF THE 181 STREETS OF FAIRVIEW PARK, OHIO PROVIDING AND SUPPLYING SAID STREETS WITH 182 ELECTRIC STREET LIGHTING FOR THE TAX YEAR 2025, AND DECLARING AN EMERGENCY 183 ACTION: Ordinance 25-38 was placed on first reading and referred to the Finance Committee. 184 185 ORDINANCE NO. 25-39 186 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 187 REQUESTED BY: MAYOR BILL SCHNEIDER 188 SPONSORED BY: COUNCILWOMAN KING and COUNCILWOMAN WERING 189 AN ORDINANCE REQUESTING THAT THE CUYAHOGA COUNTY FISCAL OFFICER CERTIFY 190 CERTAIN INFORMATION TO THE CITY OF FAIRVIEW PARK RELATIVE TO THE RENEWAL 191 OF THE ONE (1) MILL FIRE TAX LEVY PROVIDING FOR A RENEWAL OF A TAX FOR THE 192 BENEFIT OF THE CITY OF FAIRVIEW PARK FOR THE PURPOSE OF PROVIDING AND 193 MAINTAINING FIRE APPARATUS, BUILDINGS, PAYMENT OF FIREFIGHTERS SALARIES, 194 EMPLOYER'S CONTRIBUTION REQUIRED UNDER SECTION 742.34 OF THE REVISED CODE, 195 PURCHASING AMBULANCE EQUIPMENT, FOR PROVIDING AMBULANCE, PARAMEDIC OR 196 OTHER EMERGENCY MEDICAL SERVICES AT A RATE NOT EXCEEDING 1 MILL FOR EACH 197 ONE DOLLAR OF VALUATION, WHICH AMOUNTS TO 10 CENTS FOR EACH ONE HUNDRED 198 DOLLARS OF VALUATION, FOR FIVE YEARS, COMMENCING IN 2026, FIRST DUE IN 199
COUNCIL MINUTES_MAY 19, 2025 | Page 5 CALENDAR YEAR 2027, TO BE PLACED ON THE NOVEMBER 4, 2025 BALLOT AND 200 DECLARING AN EMERGENCY 201 ACTION: Ordinance 25-39 was placed on first reading and referred to the Finance Committee. 202 203 RESOLUTION NO. 25-09 204 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 205 REQUESTED BY: MAYOR BILL SCHNEIDER 206 SPONSORED BY: COUNCILWOMAN KING and COUNCILWOMAN WERING 207 A RESOLUTION SUBMITTING TO THE VOTERS THE QUESTION OF A RENEWAL OF A TAX 208 FOR THE BENEFIT OF THE CITY OF FAIRVIEW PARK FOR THE PURPOSE OF PROVIDING AND 209 MAINTAINING FIRE APPARATUS, BUILDINGS, PAYMENT OF FIREFIGHTERS SALARIES, 210 EMPLOYER'S CONTRIBUTION REQUIRED UNDER SECTION 742.34 OF THE REVISED CODE, 211 PURCHASING AMBULANCE EQUIPMENT, FOR PROVIDING AMBULANCE, PARAMEDIC OR 212 OTHER EMERGENCY MEDICAL SERVICES AT A RATE NOT EXCEEDING 1 MILL FOR EACH 213 ONE DOLLAR OF VALUATION, WHICH AMOUNTS TO TEN CENTS FOR EACH ONE HUNDRED 214 DOLLARS OF VALUATION, FOR FIVE YEARS, COMMENCING IN 2026, FIRST DUE IN 215 CALENDAR YEAR 2027 AND DECLARING AN EMERGENCY 216 ACTION: Resolution 25-09 was placed on first reading and referred to the Finance Committee. 217 218 RESOLUTION NO. 25-10 219 ORGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 220 REQUESTED BY: MAYOR BILL SCHNEIDER 221 SPONSORED BY: COUNCILWOMAN KING 222 A RESOLUTION REQUESTING THE COUNTY FISCAL OFFICER TO ADVANCE TAXES FROM 223 THE PROCEEDS OF TAX LEVIES PURSUANT TO SECTION 321.34 OF THE OHIO REVISED 224 CODE, AND DECLARING AN EMERGENCY 225 ACTION: Resolution 25-10 was placed on first reading and referred to the Finance Committee. 226 227 RESOLUTION NO. 25-11 228 ORGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 229 REQUESTED BY: MAYOR BILL SCHNEIDER 230 SPONSORED BY: COUNCILWOMAN KING 231 A RESOLUTION ADOPTING THE ALTERNATIVE TAX BUDGET OF THE CITY OF FAIRVIEW 232 PARK, STATE OF OHIO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2026, AND SUBMITTING 233 THE SAME TO THE CUYAHOGA COUNTY FISCAL OFFICER AND DECLARING AN 234 EMERGENCY 235 ACTION: Resolution 25-11 was placed on first reading and referred to the Finance Committee. 236 237 LEGISLATION ON SECOND READING 238 COUNCILWOMAN WERING placed the following on second reading: 239 ORDINANCE NO. 25-25 240 REQUESTED BY: KERRY KEMP, RECREATION DIRECTOR 241 SPONSORED BY: COUNCILWOMAN WERING 242 AN ORDINANCE AMENDING SECTIONS 921.03 (a)(3) AND 923.03(c) OF THE CODIFIED 243 ORDINANCES OF THE CITY OF FAIRVIEW PARK TO PERMIT ALCOHOL IN BAIN CABIN AND 244 DECLARING AN EMERGENCY 245 ACTION: Ordinance 25-26 was placed on second reading and subsequent third reading. 246 247 COUNCILWOMAN KING placed the following on second reading: 248 ORDINANCE NO. 25-26 249
COUNCIL MINUTES_MAY 19, 2025 | Page 6 REQUESTED BY: BRYAN HITCH, SERVICE DIRECTOR 250 SPONSORED BY: COUNCILWOMAN KING 251 AN ORDINANCE AUTHORIZING THE ADMINISTRATION TO EXECUTE A MUTUAL 252 AGREEMENT FOR OPTION YEARS 1 AND 2 OF THE CONTRACT WITH BROWNING-FERRIS 253 INDUSTRIES OF OHIO, INC., DBA REPUBLIC SERVICES OF ELYRIA FOR RESIDENTIAL SOLID 254 WASTE COLLECTION, DISPOSAL AND RECYCLING SERVICES AND DECLARING AN 255 EMERGENCY 256 ACTION: Ordinance 25-26 was placed on second reading and subsequent third reading. 257 258 AUDIENCE INPUT ON LEGISLATION UP FOR PASSAGE 259 260 LEGISLATION UP FOR THIRD READING AND FINAL PASSAGE 261 COUNCILWOMAN WERING placed the following legislation up for third reading and final passage: 262 ORDINANCE NO. 25-22 263 REQUESTED BY: MAYOR BILL SCHNEIDER 264 SPONSORED BY: COUNCILWOMAN WERING and COUNCILWOMAN MANN 265 AN ORDINANCE AMENDING SECTION 706.01, SECTION 706.02 (a), SECTION 706.02 (b), AND 266 SECTION 706.13 OF CHAPTER 706, ENTITLED "HOTEL AND MOTEL TAX" OF THE CODIFIED 267 ORDINANCES OF THE CITY OF FAIRVIEW PARK AND DECLARING AN EMERGENCY 268 COUNCILWOMAN WERING made a motion to amend to update definition of short-term rental, as 269 discussed in committee. 270 Moved and Seconded. 271 ROLL ON MOTION: Vote: YES-6, NO-0 272 YES: B. Simmerly, B. Minek, M. Kilbane, S. Wering, B. King and K. Mann 273 ROLL ON PASSAGE (PASSED) Vote: YES-6, NO-0 274 YES: B. Simmerly, B. Minek, M. Kilbane, S. Wering, B. King and K. Mann 275 276 COUNCILWOMAN KING placed the following up for third reading and final passage: 277 ORDINANCE NO. 25-24 278 REQUESTED BY: KERRY KEMP, DIRECTOR OF RECREATION 279 SPONSORED BY: COUNCILWOMAN KING 280 AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FIFTY-FIVE THOUSAND DOLLARS 281 ($55,000.00) TO THE CITY OF ROCKY RIVER FOR CAPITAL IMPROVEMENT PROJECTS AND 282 THE ANNUAL OPERATIONAL COSTS AND USAGE FEE FOR TRI-CITY PARK AND DECLARING 283 AN EMERGENCY 284 ROLL ON PASSAGE (PASSED) Vote: YES-6, NO-0 285 YES: B. Simmerly, B. Minek, M. Kilbane, S. Wering, B. King and K. Mann 286 287 REPORTS AND COMMUNICATIONS FROM THE MAYOR, DIRECTORS AND OTHER CITY 288 OFFICIALS 289 MAYOR SCHNEIDER reported the following: 290 - Legislation will be coming to Council for consideration for CDSG & CDBG funding. It has been moved 291 up to July submittal, so emergency passage will be requested. 292 - Matt Stu will be here at next week’s committee meeting to discuss bond legislation. 293 - Memorial Day ceremonies will take place as usual, beginning in City Hall at 8:00 am, followed by 294 parade stepping off at 9am and proceed to Fairview Park Cemetery for the ceremony. Following this 295 the American Post Legion will be having their annual open house. 296 297 DIRECTOR HITCH said that there has been a lot of work at the cemetery. There is one tree left to go down, 298 the fence is up and gate is working properly. It is looking pretty good and weather permitting it will be all 299
COUNCIL MINUTES_MAY 19, 2025 | Page 7 done. Lorain Road is currently being striped and wrapped up with crosswalks and should be done by this 300 evening. Garbage cans have been added on Lorain Road with one left waiting on a concrete pour. 301 There are currently 3 water main breaks and sewer collapse being worked on at W. 224, and Center Ridge; 302 all should be taken care of by Friday. 303 304 ENGINEER KERBER reported that the Woodstock Sewer Project is out for bid and will be opened June 305 16. The 2025 Street Program will be advertised on May 30 and opened June 13. Working with Director 306 Hitch to re-advertised and bid the West 225th Sewer repairs. Trees have been planted for the Coe Creek 307 Project and end everything looks to be wrapped up for that project. 308 309 PUBLIC SESSION 310 311 MISCELLANEOUS BUSINESS AND COMMENTS BY MEMBERS OF COUNCIL 312 COUNCILMAN SIMMERLY thanked Director Hitch for the work done on the cemetery he said he has 313 received compliments on the work being done. 314 315 COUNCILWOMAN MANN said that she visited the cemetery for the first time and it was very interesting. 316 She announced that she has petition forms to sign for the repeal of Senate Bill 1. She briefly described 317 points of the bill. She said it degrades public higher education in the state, and will make it less competitive, 318 There were hundreds who spoke in opposition versus the 25 proponents while it was in committee. She will 319 bring it in weekly for those that want to sign until it is due to turn in. 320 321 THE CHAIR made a motion to adjourn with no further business. 322 ROLL ON MOTION: Vote: YES-6, NO-0 323 YES: B. Simmerly, Minek, M. Kilbane, S. Wering, B. King and K. Mann 324 Motion carries, meeting adjourned at 7:25 p.m. 325 326 327 ________________________________ 328 Michael P. Kilbane, Council President 329 330 331 ________________________________ 332 Liz L. Westbrooks, Clerk of Council 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349
Resolution 25-09 | Page 1 CITY OF FAIRVIEW PARK RESOLUTION NO.: 25-09 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN KING and COUNCILWOMAN WERING A RESOLUTION SUBMITTING TO THE VOTERS THE QUESTION OF A RENEWAL OF A TAX FOR THE BENEFIT OF THE CITY OF FAIRVIEW PARK FOR THE PURPOSE OF PROVIDING AND MAINTAINING FIRE APPARATUS, BUILDINGS, PAYMENT OF FIREFIGHTERS SALARIES, EMPLOYER'S CONTRIBUTION REQUIRED UNDER SECTION 742.34 OF THE REVISED CODE, PURCHASING AMBULANCE EQUIPMENT, FOR PROVIDING AMBULANCE, PARAMEDIC OR OTHER EMERGENCY MEDICAL SERVICES AT A RATE NOT EXCEEDING 1 MILL FOR EACH ONE DOLLAR OF VALUATION, WHICH AMOUNTS TO TEN CENTS FOR EACH ONE HUNDRED DOLLARS OF VALUATION, FOR FIVE YEARS, COMMENCING IN 2026, FIRST DUE IN CALENDAR YEAR 2027 AND DECLARING AN EMERGENCY WHEREAS, Resolution 96-19 declared the necessity of a one (1) mill levy for current expenses for the operation of the City’s Fire Department for a period of five (5) years, which was renewed by Resolution 06-05, Amended, for another five years, which was then renewed by Resolution 11-15, for another five years; which was then renewed by Resolution 15-26, for another five years; which was then renewed by Resolution 20-16, for another five years; and WHEREAS, after voter approval of said levy, the proceeds of such levy have, since its inception in 1996 and renewal in 2006, 2011, 2015, and 2021 been used to pay, among other things, current expenses, including firefighter salaries and benefits, including the employer’s contribution to the firefighters’ disability and pension fund; and WHEREAS, the Fire Levy originally authorized by Resolution 96-19 and passed November 5, 1996, renewed by Resolution 06-05, Amended, and passed May 2, 2006, renewed again by Resolution 11-15, and passed November 8, 2011, renewed again by Resolution 15-26, and passed March 15, 2016, and renew again by Resolution 20-16 and passed on May 4, 2021 and will expire on December 31, 2025; and WHEREAS, Council finds it necessary to renew the one (1) mill levy in accordance with Sections 5705.19 and 742.34 of the Ohio Revised Code and the Charter of the City of Fairview Park in order to maintain the revenue without interruption. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That it is hereby found, determined and declared that the amount of taxes which may be raised by the City of Fairview Park (‘City”) by levies at the maximum rates within the ten mill limitation and the Charter tax limitation on the current tax list and requirements of this
Resolution 25-09 | Page 2 City will be insufficient to meet the needs of the Fire Department when the one (1) mill levy approved pursuant to Resolution 20-16 expires on December 31, 2025, and it is necessary to renew said levy for the purpose of continuing to provide and maintain fire apparatus, appliances, buildings, or sites therefor, or sources of water supply and materials therefor, or the establishment and maintenance of lines of fire alarm telegraph, or the payment of permanent, part-time, or volunteer fire fighters or fire-fighting companies to operate the same, including the payment of the firemen employer’s contribution including the employer’s contribution required under ORC Section 742.34, or to purchase ambulance equipment, or to provide ambulance, paramedic, or other emergency medical services operated by the fire department or firefighting company at the rate of one (1) mill for a period of five (5) years. SECTION 2. That the question of renewing the current one (1) mill levy upon the tax list and duplicate for five (5) years, beginning with the 2025 tax list and duplicate and with the first distribution of the proceeds of said levy to this City in the calendar year 2026, for the purpose set forth in section 1 hereof under provisions of Article VIII, of the Charter of the City of Fairview Park, entitled “Finance,” Section 9 entitled “Submission of Extra Levy” shall be submitted to the electors of the City of Fairview Park at the municipal election to be held therein on the 4th day of November 2025, as authorized by law, and said election shall be held at the regular places of voting in said City as established by the Board of Elections of Cuyahoga County, Ohio, or otherwise, within the times provided by law and shall be conducted, canvassed and certified in the manner prescribed by law. SECTION 3. That the form of ballot to be case at such election on the question of such tax levy shall be as follows: PROPOSED TAX LEVY (RENEWAL) CITY OF FAIRVIEW PARK A majority affirmative vote is necessary for passage. A renewal of a tax for the benefit of the City of Fairview Park for the purpose of providing and maintaining fire apparatus, buildings, payment of firefighters salaries, employer's contribution required under Section 742.34 of the Revised Code, purchasing ambulance equipment, for providing ambulance, paramedic or other emergency medical services at a rate not exceeding 1 mill for each one dollar of valuation, which amounts to 10 cents for each one hundred dollars of valuation, for five years, commencing in 2026, first due in calendar year 2027. ____ FOR THE TAX LEVY ____ AGAINST THE TAX LEVY SECTION 4. That the Clerk of Council is hereby authorized and directed to request that notice of said election be given as provided by law.
Resolution 25-09 | Page 3 SECTION 5. That the Clerk of Council is hereby directed to certify immediately a copy of this Resolution to the Board of Elections of Cuyahoga County, Ohio. SECTION 6. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 7. That this Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare, and for the further reason that it is necessary to submit this information to the Board of Elections in a timely manner, and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 05.19.25 APPROVED: 2nd reading: 06.02.25 3rd reading: ____________________________________ Michael P. Kilbane, President of Council ____________________________________ Bill Schneider, Mayor ____________________________________ Liz L. Westbrooks, Clerk of Council
Levy Certification Information Sheet “Please be as specific as possible**** Political Subdivision: City of Fairview Park Levy Purpose: Fire & E.M.S. (ie: current expense, bond, Pl) Levy Type: Renewal (Renewal, Additional, Replacement, etc) Projected Millage: 1.00 Length of Levy: 5 Years Levy Collection Start Year: TY2026/CY2027 16. starts Levy Collection End Year: TY2030/CY2031 Finance Director/Treasurer Signature: ‘ Le : Date: a 6/1 f202S Analyst Signature: Date: 6/10/2025
Certificate of Estimated Property Tax Revenue Row oars Use this form when a taxing authority certifies a millage rate RAC AIRE, SPEER and requests the revenue produced by that rate. The county auditor of Cuyahoga County, Ohio, does hereby certify the following: 4.0n Yune1O ss 2025s the taxing authority of the City of Fairview Park (political subdivision name) certified a copy of its resolution or ordinance adopted YUNe9 requesting the county auditor to certify the current taxable value of the subdivision and the amount of revenue that would be produced by (1-000 | mills, to levy a tax outside the 10-mill limitation for Fire & E.M.S. _. purposes pursuant to Revised Code § 742:34 & 5705.19()) | to he placed on the ballot atthe November4 | 2025 _ election. The levy type is Renewal 2. The property tax revenue that will be produced by the stated millage, assuming the taxable value of the subdivision remains constant throughout the life of the levy, is calculated to be $ 329,000 a 3. The total taxable value of the subdivision used in calculating the estimated property tax revenue is $ 668,437,100 4. The millage for the requested levy is (1-000 ) milis per $1 of taxable value, which amounts to g13 foreach $100,000 of the county auditor’s appraised value. Auditor's signature 7 Date “ ° Instructions . "Total taxable value” includes the taxable value of all real property in the subdivision as indicated on the tax list most recently certified for collection and estimates of the taxable value of public utility personal property for the first year the levy will be collected as set forth on the worksheets prescribed in conjunction with this form. If the subdivision is located in more than one county, the home county auditor (where the greatest taxable value of the subdivision is located) shall obtain the assistance of the other county auditors to establish the total tax valuation of the subdivision. = 2. For purposes of this certification, “subdivision” includes any agency, board, commission or other authority authorized to request a taxing authority to submit a tax levy on its behalf. See R.C. 5705.01(A) & (C). 3. “Levy type” includes the following: (1) additional, (2) renewal, (3) renewal with an increase, (4) renewal with a decrease, (5) replacement, (6) replacement with an increase and (7) replacement with a decrease levies. 4. In completing Lines 1 and 4 of this form, mills should be identified in whole numbers, i.e., 5 mills, rather than as a fraction of a dollar, i.e., $0.005. This expression is consistent with the prior practice of identifying mills in whole numbers per $1 of valuation. on . “The county auditor’s appraised value” means the true value in money of real property. R.C. 5705.01(P). For any levy or portion of a levy, an estimate of the levy's annual collections, rounded to the nearest dollar, which shall be calculated assuming that the amount of the tax list of the taxing authority remains throughout the life of the levy the same as the amount of the tax list most recently certified by the county auditor under R.C. 319.28(A). See R.C. 5705.03(B). m Please file this certificate with the subdivision as soon as possible, so the taxing authority can pass a resolution to proceed not later than 90 days before the election. N
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Anthony Raffin, Fire Chief RE: Fire Renewal Levy DATE: May 19, 2025 The Administration requests that the legislation below be passed after three readings with emergency enactment: A RESOLUTION SUBMITTING TO THE VOTERS THE QUESTION OF A RENEWAL OF A TAX FOR THE BENEFIT OF THE CITY OF FAIRVIEW PARK FOR THE PURPOSE OF PROVIDING AND MAINTAINING FIRE APPARATUS, BUILDINGS, PAYMENT OF FIREFIGHTERS SALARIES, EMPLOYER'S CONTRIBUTION REQUIRED UNDER SECTION 742.34 OF THE REVISED CODE, PURCHASING AMBULANCE EQUIPMENT, FOR PROVIDING AMBULANCE, PARAMEDIC OR OTHER EMERGENCY MEDICAL SERVICES AT A RATE NOT EXCEEDING 1 MILL FOR EACH ONE DOLLAR OF VALUATION, WHICH AMOUNTS TO TEN CENTS FOR EACH ONE HUNDRED DOLLARS OF VALUATION, FOR FIVE YEARS, COMMENCING IN 2026, FIRST DUE IN CALENDAR YEAR 2027 AND DECLARING AN EMERGENCY AN ORDINANCE REQUESTING THAT THE CUYAHOGA COUNTY FISCAL OFFICER CERTIFY CERTAIN INFORMATION TO THE CITY OF FAIRVIEW PARK RELATIVE TO THE RENEWAL OF THE ONE (1) MILL FIRE TAX LEVY PROVIDING FOR A RENEWAL OF A TAX FOR THE BENEFIT OF THE CITY OF FAIRVIEW PARK FOR THE PURPOSE OF PROVIDING AND MAINTAINING FIRE APPARATUS, BUILDINGS, PAYMENT OF FIREFIGHTERS SALARIES, EMPLOYER'S CONTRIBUTION REQUIRED UNDER SECTION 742.34 OF THE REVISED CODE, PURCHASING AMBULANCE EQUIPMENT, FOR PROVIDING AMBULANCE, PARAMEDIC OR OTHER EMERGENCY MEDICAL SERVICES AT A RATE NOT EXCEEDING 1 MILL FOR EACH ONE DOLLAR OF VALUATION, WHICH AMOUNTS TO 10 CENTS FOR EACH ONE HUNDRED DOLLARS OF VALUATION, FOR FIVE YEARS, COMMENCING IN 2026, FIRST DUE IN CALENDAR YEAR 2027, TO BE PLACED ON THE NOVEMBER 4, 2025 BALLOT AND DECLARING AN EMERGENCY
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org On behalf of the Fairview Park Fire Department, I respectfully request City Council’s support for placing our fire levy renewal on the upcoming November ballot. This renewal is essential to ensure the continuation of critical funding necessary for the department’s daily operations. Originally established in 1975, the five-year Fire Levy has been a longstanding and reliable source of financial support for the department. The current one (1) mill levy has been in effect since 1996, with successful renewals in 2006, 2011, 2015 and 2021. The funds generated, approximately $300,000 annually, are used to cover a range of operational expenses, including firefighter salaries and benefits, ambulance and fire equipment, fire operations, and paramedic or other emergency medical services. In accordance with Sections 5705.19 and 742.34 of the Ohio Revised Code and the Charter of the City of Fairview Park, this renewal is necessary to maintain uninterrupted revenue for the department. Continued support of this November 4, 2025 levy will allow us to sustain the high level of service our community expects and deserves. The current levy expires on December 31, 2025, and if approved by voters, it would go into effect Tax Year 2026, Collection Year 2027 for another five years. Please feel free to contact me directly with any questions or to request additional information. I am also available to meet with you to further discuss the importance of this renewal. Thank you for your continued support. cc: Bill Schneider, Mayor A. Steven Dever, Director of Law Liz Westbrooks, Clerk of Council
CITY OF FAIRVIEW PARK RESOLUTION NO.: 25-10 ORGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN KING A RESOLUTION REQUESTING THE COUNTY FISCAL OFFICER TO ADVANCE TAXES FROM THE PROCEEDS OF TAX LEVIES PURSUANT TO SECTION 321.34 OF THE OHIO REVISED CODE, AND DECLARING AN EMERGENCY WHEREAS, Section 321.34 of the Ohio Revised Code of the State of Ohio provides that any money in the County Treasury in the account of the City of Fairview Park, and lawfully applicable to the purpose of the current year may be drawn upon request. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That the Fiscal Officer of Cuyahoga County be and is hereby requested to draw Warrants and is hereby requested to pay to the Director of Finance of the City of Fairview Park any money in the County Treasury to the account of Fairview Park and lawfully applicable to the purposes of the fiscal year 2026. This request includes advances of special assessments. SECTION 2. That the Clerk of Council is hereby authorized to furnish a certified copy of this Resolution to the County Fiscal Officer. SECTION 3. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 4. That this Resolution is hereby declared to be an emergency measure, necessary for the immediate preservation of the public peace, health, safety and for the further reason that it is immediately necessary to obtain the above mentioned advances in order to provide for proper financing of the City's obligations, and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor. PASSED: 1st reading: 05.19.25 APPROVED: 2nd reading: 3rd reading: ____________________________________ Michael P. Kilbane, President of Council ____________________________________ Bill Schneider, Mayor ____________________________________ Liz L. Westbrooks, Clerk of Council
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Jennifer Pae, Finance Director / HR Manager RE: 2026 Tax Budget and 2026 Tax Advance Resolutions DATE: May 19, 2025 The Administration requests passage of the following pieces of legislation with emergency enactment after three readings: A RESOLUTION ADOPTING THE ALTERNATIVE TAX BUDGET OF THE CITY OF FAIRVIEW PARK, STATE OF OHIO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2026, AND SUBMITTING THE SAME TO THE CUYAHOGA COUNTY FISCAL OFFICER AND DECLARING AN EMERGENCY A RESOLUTION REQUESTING THE COUNTY FISCAL OFFICER TO ADVANCE TAXES FROM THE PROCEEDS OF TAX LEVIES PURSUANT TO SECTION 321.34 OF THE OHIO REVISED CODE, AND DECLARING AN EMERGENCY The first resolution will allow the City of Fairview Park (“City”) to file the 2026 Tax Budget with the Cuyahoga County Fiscal Officer for review and approval to maintain the City’s total property tax rate of 13.29 mills. The Tax Budget resolution must be adopted by City Council to be submitted to the County Fiscal Officer on or before July 18th in accordance with the provisions of Section 5705.281of the Ohio Revised Code, which permits the filing of this Alternative Tax Budget information document on an annual basis. The Tax Budget is a very preliminary projection of revenues and expenditures to confirm the City’s existing property tax rate for the 2025 tax year – 2026 collection year. The second resolution is requesting the Cuyahoga County Fiscal Officer to advance real and personal property tax and special assessments when collected and available to the City in 2026. Participation in the tax advance program enhances the City’s cash flow management and investments.
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org Thank you for your consideration and look forward to discussing this in committee. cc: Bill Schneider, Mayor A. Steven Dever, Director of Law Liz Westbrooks, Clerk of Council
Resolution 25-11 | Page 1 CITY OF FAIRVIEW PARK RESOLUTION NO.: 25-11 ORGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN KING A RESOLUTION ADOPTING THE ALTERNATIVE TAX BUDGET OF THE CITY OF FAIRVIEW PARK, STATE OF OHIO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2026, AND SUBMITTING THE SAME TO THE CUYAHOGA COUNTY FISCAL OFFICER AND DECLARING AN EMERGENCY WHEREAS, the Finance Director has heretofore prepared a tentative alternative tax budget for the City of Fairview Park, State of Ohio, for the fiscal year beginning January 1, 2026 showing estimates of all balances that will be available at the beginning of the year 2026 for the purpose of such year, and all revenues to be received for such fiscal year, including all general and special taxes, fees, costs, percentages, penalties, allowances, prerequisites and all other types of classes of revenue; also estimates of all expenditures of changes in or for the purpose of such fiscal year to be paid or met from said revenues or balances; and otherwise conforming with the requirements of law; and WHEREAS, said budget has been made conveniently available to public inspection for at least ten (10) days by having at least two (2) copies thereof on file in the Office of the Director of Finance. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That the alternative tax budget of the City of Fairview Park, Ohio, for the fiscal year beginning January 1, 2026, heretofore prepared by the Director of Finance, and submitted to this Council, copies of which have been and are on file in the office of the Director of Finance, be and is hereby adopted as the official budget of the City of Fairview Park, Ohio for the fiscal year beginning January 1, 2026. SECTION 2. That the Clerk be and is hereby authorized and directed to certify a copy of said budget, and a copy of this Resolution, and to submit the same to the Cuyahoga County Fiscal Officer. SECTION 3. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 4. That this Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare and for
Resolution 25-11 | Page 2 the further reason that it may be certified to the Cuyahoga County Fiscal Officer by date prescribed by law; and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force from immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 05.19.25 APPROVED: 2nd reading: 3rd reading: _________________________________ Michael P. Kilbane, President of Council _________________________________ Bill Schneider, Mayor _________________________________ Liz L. Westbrooks, Clerk of Council
ALTERNATIVE TAX BUDGET INFORMATION Political Subdivision/Taxing Unit__FAIRVIEW PARK CITY______________________________________________ For the Fiscal Year Commencing JANUARY 1, 2026_________________________________________________ Fiscal Officer Signature_____________________________________________Date_______________________ COUNTY OF CUYAHOGA Background Substitute House Bill No. 129 (HB129) effective June 3, 2002, was enacted by the 124th General Assembly in part to allow a county budget commission to waive the requirement that a taxing authority adopt a tax budget for a political subdivision or other taxing unit, pursuant to Ohio Revised Code (ORC) Section 5705.281. Ohio Revised Code Section 5705.281 Under the amended version of this section pursuant to HB 129, a county budget commission, by an affirmative vote of a majority of the commission, including an affirmative vote by the county auditor, may waive the tax budget for any subdivision or other taxing unit. However, the commission may require the taxing authority to provide any information needed by the commission to perform its duties, including the division of the tax rates as provided under ORC Section 5705.04. County Budget Commission Duties The county budget commission must still certify tax rates to each subdivision or other taxing unit, by March 1 for school districts and by September 1 for all other taxing authorities under ORC Section 5705.35, even when a tax budget is waived. Also, the commission is still required to issue an official certificate of estimated resources under ORC Section 5705.35 and amended official certificates of estimated resources under ORC Section 5705.36. Therefore, when a budget commission is setting tax rates based on a taxing unit's need, for purposes of ORC Sections 5705.32, 5705.34, and 5705.341, its determination must be based on that other information the commission asked the taxing authority to provide under ORC Section 5705.281, when the tax budget was waived. Also, an official certificate must be based on that other information the commission asked the taxing authority to provide. County Budget Commission Action On October 11, 2002, during the Cuyahoga County Budget Commission meeting, the commission with an affirmative vote of all members waived the requirement for taxing authorities of subdivisions or other taxing units (Including Schools) to adopt a tax budget as provided under ORC Section 5705.281, but shall require the filing of this Alternative Tax Budget Information document on an annual basis. Alternative Tax Budget Information Filing Deadline For all political subdivisions excluding school districts, the fiscal officer must file one copy of this document with the County Fiscal Officer on or before July 20th. For school districts the fiscal officer must file one copy of this document with the County Fiscal Officer on or before January 20th. Revised 3-2004
GUIDELINES FOR COMPLETING THE ALTERNATIVE TAX BUDGET INFORMATION SCHEDULE 1 The general purpose of schedule 1 is to meet the requirement of Ohio Revised Code (ORC) Section 5705.04 which requires the taxing authority of each subdivision to divide the taxes levied into seperate levies. For help use the schedule B issued by the budget commission for the current year and add any new levies. This will help to ensure that no levies are missed. In column 1 list only those individual funds which are requesting general property tax revenue. In column 2 purpose refers to the following terms, inside, current expenses, and special levy for example. In column 4 levy type refers to renewal, additional, and replacement for example. In column 9 identify the amount of general property tax you wish to request. NOTE: The general purpose of column 9 is to demonstrate the need to produce property tax revenues to cover the estimated expenditures for the budget year. ORC Section 5705.341 states in part; "Nothing in this section or any section of the ORC shall permit or require the levying of any rate of taxation, whether within the 10 mill limitation or whether the levy has been approved by the electors, the political subdivision or the charter of a municipal corporation in excess of such 10 mill limitation, unless such rate of taxation for the ensuing fiscal year is clearly required by a budget properly and lawfully, adopted under this chapter or by other information required per ORC 5705.281." Property tax revenue includes real estate taxes, personal property taxes, homestead and rollback, and the personal property 10,000 exempt monies. SCHEDULE 2 The general purpose of schedule 2 is to produce an Official Certificate of Estimated Resources for all funds. In column 3, total estimated receipts should include all revenues plus transfers in excluding property taxes and local government revenue. All taxing auth must submit a list of all tax transfers. SCHEDULE 3 The general purpose of schedule 3 is to provide inside/charter millage for debt service. The basic security for payment of general obligation debt is the requirement of the levy of ad valorem property taxes within the 10 mill limitation imposed by Ohio law. Ohio law requires a levy and collection of ad valorem property tax to pay debt service on general obligation debt as it becomes due, unless that debt service is paid from other sources. SCHEDULE 4 The general purpose of schedule 4 is to provide for the proper amount of millage to cover debt service requirements on voted bond issues. Major capital improvement projects are sometimes financed through the use of voted bonds. The taxing authority seeks voter approval of general obligation bonds and of the levy of property taxes outside the indirect debt limitation in whatever amount is necessary to pay debt service on those bonds. SCHEDULE 5 The general purpose of schedule 5 is to properly account for tax anticipation notes. See schedule 5 for more details. Revised 3-2004
FROM TO AMOUNT 100 General Fund 240 Police & Fire Pension Fund $1,000,000.00 100 General Fund 733 Retiree Accrued Benefits Fund $250,000.00 741 Cable TV Franchise Fee Fund 300 Bond Retirement Fund $0.00 2026 ANTICIPATED BUDGET TRANSFERS
DIVISION OF TAXES LEVIED (Levies Inside & Outside 10 Mill Limitation, Inclusive Of Debt Levies) (List All Levies Of The Taxing Authority) SCHEDULE 1 I II III IV V VI VII VIII IX Authorized Number Tax Collection $ AMOUNT By Voters Levy Of Years Year Year Maximum Requested Fund Purpose On Type Levy Begins/ Begins/ Rate Of Budget MM/DD/YY To Run Ends Ends Authorized Commission GENERAL CHARTER 00/00/1959 CONT 1/24-12/24 1/25-12/25 8.33 MILLS $6,124,889 PERMANENT IMP CHARTER 5/31/1994 CONT 1/24-12/24 1/25-12/25 0.87 MILLS $639,694 FIRE OPERATING LEVY SPECIAL 5/4/2021 5 YEARS 1/24-12/24 1/25-12/25 1.00 MILLS $362,571 RECREATION CHARTER 11/5/1996 CONT 1/24-12/24 1/25-12/25 1.00 MILLS $735,281 POLICE PENSION INSIDE 1/24-12/24 1/25-12/25 0.30 MILLS $220,584 FIRE PENSION INSIDE 1/24-12/24 1/25-12/25 0.30 MILLS $220,584 BOND RETIREMENT SPECIAL 11/7/2023 30 YEARS 1/24-12/24 1/25-12/25 1.49 MILLS $1,095,568 Totals 13.29 MILLS $9,399,171 Revised 3-2004
STATEMENT OF FUND ACTIVITY (List All Funds Individually) SCHEDULE 2 I II III IV V VI VII Beginning Total Total Ending Fund Estimated Resources Estimated Estimated BY Unencumbered Property Taxes and Other Sources Available for Expenditures & Unencumbered Type Fund Balance Local Government Revenue Receipts Expenditures Encumbrances Balance 100 GENERAL $7,706,946 $6,633,943 $9,000,000 $23,340,889 $16,300,000 $7,040,889 101 Contingent Reserve $0 $0 $0 150 UNCLAIMED MONIES $8,418 $8,418 $8,418 210 S.C.M.& R. $1,300,060 $1,050,000 $2,350,060 $1,050,000 $1,300,060 220 STATE HIGHWAY $8,054 $75,000 $83,054 $75,000 $8,054 230 RECREATION $4,730,396 $735,281 $4,300,000 $9,765,677 $4,000,000 $5,765,677 231 RECREATION CAPITAL $3,786,810 $3,786,810 $3,786,810 236 AMERICAN RESCUE PLAN $0 $0 $0 237 ONEOHIO OPIOID $21,686 $1,500 $23,186 $23,186 240 POLICE/FIRE PENSION $500 $441,168 $1,000,000 $1,441,668 $1,410,000 $31,668 250 STREET LIGHTING $291,703 $300,000 $591,703 $300,000 $291,703 255 SOLID WASTE $26,576 $900,000 $926,576 $900,000 $26,576 260 PERMANENT IMPROVEMENT $2,151,415 $639,694 $2,791,109 $750,000 $2,041,109 270 FIRE OPERATING $50,000 $362,571 $412,571 $325,000 $87,571 285 FEMA GRANT 290 FEDERAL GRANTS 295 STATE GRANTS 300 BOND RETIREMENT $1,736,765 $1,095,568 $2,832,333 $2,500,000 $332,333 500 WATER REIMBURSEMENT $72,154 $50,000 $122,154 $100,000 $22,154 510 F.P. SANITARY SEWER $4,381,286 $6,000,000 $10,381,286 $6,000,000 $4,381,286 530 SIDEWALK FUND $4,924 $50,000 $54,924 $50,000 $4,924 550 WATER LINE RECONDITIONING $25,000 $150,000 $175,000 $150,000 $25,000 611 SPECIAL HOLD ACCT $500,000 $125,000 $625,000 $125,000 $500,000 700 TRUST & AGENCY FUNDS $17,482 $25,000 $42,482 $25,000 $17,482 705 ESID ASSESSMENT $0 $662,378 $662,378 $662,378 $0 706 TIF FUND LORAIN ROAD $47,702 $90,000 $137,702 $90,000 $47,702 707 TIF FUND NASA 709 REDEVELOPMENT FUND $355,122 $355,122 $355,122 710 SENIOR CENTER CONSTRUCTION $1,086 $1,086 $1,086 711 BAIN PARK RESTORATION $129,758 $15,000 $144,758 $15,000 $129,758 713 STATE BLDG ASSESSMENT $2,538 $2,500 $5,038 $2,500 $2,538 714 LAW ENFORCEMENT TRUST $58,489 $25,000 $83,489 $15,000 $68,489 715 D.U.I. EDUCATION $6,113 $2,000 $8,113 $2,000 $6,113 716 P.O.P.A.S. $62,937 $25,000 $87,937 $10,000 $77,937 720 HOTEL/MOTEL TAX 731 HEALTH INSURANCE $185,186 $1,900,000 $2,085,186 $1,900,000 $185,186 732 EMPLOYEE SECTION 125 $6,411 $11,000 $17,411 $11,000 $6,411 733 RETIREE ACCRUED BENEFITS 73,861 $ $250,000 $323,861 $250,000 $73,861 741 CABLE TV FRANCHISE FEE $955,876 $175,000 $1,130,876 $1,130,876 750 JUVENILE DIVERSION $11,625 $11,625 $11,625 751 DARE FUND 752 GRADE DEPOSITS 753 STREET CLEANING 754 STREET OPENING 757 REZONING DEPOSITS 758 ARCHITECT DEPOSITS 759 SIDEWALK FUND 761 SENIOR LIFE DONATIONS $48,625 $14,000 $62,625 $14,000 $48,625 772 CEMETERY RESTORATION $0 $0 781 EMS COLLECTIONS $568,907 $450,000 $1,018,907 $450,000 $568,907 790 SURVEY SAN/STORM SEWER $5,649 $5,649 $5,649 811 CAPITAL PROJECTS $2,834,447 $1,500,000 $4,334,447 $1,500,000 $2,834,447 Total $32,174,506 $9,998,225 $28,058,378 $70,231,109 $38,981,878 $31,249,231
SCHEDULE 3 I II III IV V VI Amount Required Principal Amount To Meet Amount Receivable Final Outstanding Calendar Year From Other Sources Purpose Of Bonds Or Notes Date Of Maturity At The Beginning Principal & Interest To Meet Issue Date Of The Calendar Year Payments Debt Payments 2021 G.O. BONDS (Gemini) 07/01/21 12/01/35 $11,670,000.00 $1,301,089.10 Totals $11,670,000.00 $1,301,089.10 UNVOTED GENERAL OBLIGATION DEBT (Include General Obligation Debt To Be Paid From Inside/Charter Millage Only) (Do Not Include General Obligation Debt Being Paid By Other Sources) (Do Not Include Special Obligation Bonds & Revenue Bonds) Revised 3-2004
SCHEDULE 4 I II III IV V VI VII Amount Required Authorized Principal Amount To Meet Amount Receivable By Voters Date Final Outstanding Calendar Year From Other Sources Purpose Of Notes Or Bonds On Of Maturity At The Beginning Principal & Interest To Meet MM/DD/YY Issue Date Of The Calendar Year Payments Debt Payments NONE VOTED DEBT OUTSIDE 10 MILL LIMIT (Bonds Or Notes Must Actually Be Issued In Order To Commence Collection Of Property Taxes For Debt Service) Revised 3-2004
TAX ANTICIPATION NOTES SCHEDULE 5 Name Of Name Of Tax Anticipation Tax Anticipation Note Issue Note Issue Amount Required To Meet Budget Year Principal & Interest Payments: Principal Due Principal Due Date Interest Due Interest Due Date Interest Due Interest Due Date Total Name Of The Special Debt Service Fund Amount Of Debt Service To Be Apportioned To The Following Settlements: February Real August Real June Tangible October Tangible Total Name Of Fund To Be Charged (Schools Only) Tax anticipation notes are issued in anticipation of the collection of the proceeds of a property tax levy. The amount of money required to cover debt service must be deposited into a bond retirement fund, from collections and distribution of the tax levy, in the amounts and at the times required to pay those debt charges as provided in the legislation authorizing the tax anticipation notes. (ORC Section 133.24) The appropriation to the fund which normally receives the tax levy proceeds is limited to the balance available after deducting the amounts to be applied to debt service. After the issuance of general obligation securities or of securities to which section 133.24 of the ORC applies, the taxing authority of the subdivision shall include in its annual tax budget, and levy a property tax in a sufficient amount, with any other monies available for the purpose, to pay the debt charges on the securities payable from property tax. (ORC Section 133.25) Revised 3-2004
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Jennifer Pae, Finance Director / HR Manager RE: 2026 Tax Budget and 2026 Tax Advance Resolutions DATE: May 19, 2025 The Administration requests passage of the following pieces of legislation with emergency enactment after three readings: A RESOLUTION ADOPTING THE ALTERNATIVE TAX BUDGET OF THE CITY OF FAIRVIEW PARK, STATE OF OHIO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2026, AND SUBMITTING THE SAME TO THE CUYAHOGA COUNTY FISCAL OFFICER AND DECLARING AN EMERGENCY A RESOLUTION REQUESTING THE COUNTY FISCAL OFFICER TO ADVANCE TAXES FROM THE PROCEEDS OF TAX LEVIES PURSUANT TO SECTION 321.34 OF THE OHIO REVISED CODE, AND DECLARING AN EMERGENCY The first resolution will allow the City of Fairview Park (“City”) to file the 2026 Tax Budget with the Cuyahoga County Fiscal Officer for review and approval to maintain the City’s total property tax rate of 13.29 mills. The Tax Budget resolution must be adopted by City Council to be submitted to the County Fiscal Officer on or before July 18th in accordance with the provisions of Section 5705.281of the Ohio Revised Code, which permits the filing of this Alternative Tax Budget information document on an annual basis. The Tax Budget is a very preliminary projection of revenues and expenditures to confirm the City’s existing property tax rate for the 2025 tax year – 2026 collection year. The second resolution is requesting the Cuyahoga County Fiscal Officer to advance real and personal property tax and special assessments when collected and available to the City in 2026. Participation in the tax advance program enhances the City’s cash flow management and investments.
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org Thank you for your consideration and look forward to discussing this in committee. cc: Bill Schneider, Mayor A. Steven Dever, Director of Law Liz Westbrooks, Clerk of Council
Ordinance 25-27 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO. 25-27 REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILMAN MINEK AN ORDINANCE TO ADOPT THE SOLID WASTE MANAGEMENT PLAN FOR THE CUYAHOGA COUNTY SOLID WASTE MANAGEMENT DISTRICT AND DECLARING AN EMERGENCY WHEREAS, the City of Fairview Park is located within the jurisdiction of the Cuyahoga County Solid Waste Management District (District); and WHEREAS, the Cuyahoga County Solid Waste Management District Policy Committee prepared and adopted a final draft of the Cuyahoga County Solid Waste Management Plan Update in accordance with Ohio Revised Code Sections 3734.53 3734.54 and 3734.55; and WHEREAS, the District provided a copy of the Cuyahoga County Solid Waste Management Plan Update (2026-2040) for ratification to each of the legislative authorities of the District herein attached as Exhibit “A”; and WHEREAS, the City of Fairview Park must decide whether it approves of said Solid Waste Management Plan Update no later than August 10, 2025. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: The City of Fairview Park approves the Cuyahoga County Solid Waste Management Plan Update. SECTION 2: The Clerk is hereby directed to send the District a copy of this ordinance to the attention of Elizabeth Biggins-Ramer, Executive Director, Cuyahoga County Solid Waste Management District, 4750 East 131 Street, Garfield Heights, OH 44105. SECTION 3: It is found and determined that all formal actions of this Council concerning and relating to the adoption of this ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 4. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare and for the further reason that it may be certified to the Cuyahoga County Fiscal Officer by date prescribed by law; and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force from immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law.
Ordinance 25-27 | Page 2 PASSED: 1st reading: 05.19.25 APPROVED: 2nd reading: 3rd reading: ____________________________________ Michael P. Kilbane, President of Council ____________________________________ Bill Schneider, Mayor ____________________________________ Liz L. Westbrooks, Clerk of Council
Cuyahoga County SOLID WASTE DISTRICT @ Cuyahoga County SOLID WASTE DISTRICT 2026-2040 SOLID WASTE MANAGEMENT PLAN Revised Draft Plan for Ratification May 2025
Today’s Presentation 1. About the District 2. What’s the Plan? 3. Key Elements and Analysis 4. Plan Funding 5. Programs and Services 6. Plan Ratification 7. Questions
Cuyahoga County Solid Waste District We are the public agency helping the people of Cuyahoga County to reduce, reuse and recycle at home, at work and in our communities. We serve the 59 communities within Cuyahoga County. Learn more at CuyahogaRecycles.org
@ Cuyahoga County SOLID WASTE DISTRICT 2026-2040 SOLID WASTE MANAGEMENT PLAN Revised Draft Plan for Ratification May 2025 What’s the Plan?
PLAN REQUIREMENTS Required by Ohio Law - Ohio EPA Format Demonstrate compliance with State of Ohio recycling goals Identify programs to manage special wastes Identify programs to meet education/outreach requirements Assure availability of landfill capacity Identify funding mechanism and resources to implement the Plan
Appendix Q STATE SOLID WASTE PLAN GOALS Goal 1. Ensure adequate infrastructure to give residents and businesses opportunities to recycle. Goal 2. Recycle 25 percent of residential/commercial sector waste. Goal 3. Provide a web site; a comprehensive resource guide; an inventory of available materials management infrastructure; and speakers. Goal 4. Provide education, outreach, marketing and technical assistance regarding reduction, recycling, composting, reuse, and other alternative waste management methods to identified target audiences using best practices. Goal 5. Provide strategies to assist the industrial sector to reduce, reuse, recycle, or compost the materials they generate. Goal 6. Provide strategies to manage special wastes scrap tires, yard waste, lead-acid batteries, HHW and electronics. Goal 7. Identify how to incorporate economic incentives into source reduction and recycling programs. Goal 8. Evaluate the impact of recycling programs on reducing greenhouse gas emissions. Goal 9. Encourage development of recycling markets and the use of recycled-content products. Goal 10. Report annually to Ohio EPA regarding plan implementation of the plan.
Appendix Q HOW WAS THE PLAN DEVELOPED? ✓CCSWD ✓Consultants: Chagrin Valley Engineering and RRS ✓Solid Waste Policy Committee ✓Input from Stakeholders ➢Elected officials ➢Service directors ➢Educators ➢Private sector materials management professionals
SOLID WASTE POLICY COMMITTEE Member Name Cuyahoga County ¥vonne Conwell, Cuyahoga County Council District ? Nicole Daily Jones, Mayor, City of North Olmsted Michael Dever, Director, Cuyahoga Coun David Weiss, Mayor, City of Shaker Heights Marie Gallo, Mayor, City of Parma Heights Tim Weber, MetroHealth Edward Orcutt, Mayor, City of Brook Park Mayor Bibb - Joyce Pan Huang, Director, Cleveland City Planning Commission Matthew Burke, Mayor, City of Garfield Heights Sunny Simon, Cuyahoga County Council District 11 Gregory Kurtz, Mayor, City of Independence Georgine Welo, Mayor, City of South Euclid Michelle Wilhelm As of May 2025 Public Works Representing County Representative West Shore Region Representative County Representative Heights Region Representative South Central Region Representative Private Sector Representative Southwest Region Representative Cleveland Region Representative Chagrin / Southeast Region Representative County Representative Cuyahoga Region Representative Hillcrest Region Representative Citizen Representative
PLAN UPDATE SCHEDULE Mi|statutory Planning Start Date | May 23,2028 @)|Policy Committee Resolution for Draft Plan Submittal | August 8, 2024 [Draft Plan Submittal | August 23, 2024 Ohio EPA 45-DayComment Period | October 7, 2024 ‘Revise Plan Based on Non-BindingComments____|_—_—October - December 2024 {|PublicComment Period | February 13, 2025 - March 14, 2025 M|PublicHearing March 18, 2025 |Revise Plan Based on PublicComments | Maarch 19, 2025 - April 9, 2025 Policy Committee Adopts DraftPlan | April 10, 2025 __|Ratification Period-90Days | May 10, 2025 - August 10, 2025 _ __|Policy Committee Certifies Ratification | October 9, 2025 __|Ratified Plan SubmittaltoOhio EPA | November 25,2025 __ |Final Ohio EPA Review - 90 Days February 23, 2026 | Plan Approval and Implementtion February 23, 2026
WHATS NEW/DIFFERENT WITH THIS PLAN? THIS PLAN ▪ MAINTAINS all existing education, outreach and collection programs ▪ ENHANCES some existing programs ✓Grants ✓Litter Collection ✓Environmental Crimes Task Force ✓Education / Outreach ▪ POTENTIAL NEW INITIATIVES ✓Programs for hard-to-manage/recycle materials ✓Textile recycling analysis ✓Yard waste and food waste composting consortiums and infrastructure development ▪ FEES ✓NO fee increase
@ Cuyahoga County SOLID WASTE DISTRICT 2026-2040 SOLID WASTE MANAGEMENT PLAN Revised Draft Plan for Ratification May 2025 Key Elements and Findings
Key Elements and Findings WASTE GENERATION • 2,467,527 tons/year (all sectors) • 6.94 pounds per person per day
Key Elements and Findings WASTE DISPOSAL & TRANSFER • Waste not recycled or composted is disposed in MSW landfills • 1.5 million tons disposed annually • Waste is sent to 18 landfills outside Cuyahoga County • Transfer stations are used to ship waste longer distances - 17 transfer stations total, 9 in Cuyahoga County ✓Remaining landfill capacity projected at 54 years
Key Elements and Findings RECYCLING • 38% of waste recycled and composted • 59 recyclers process 316,731 tons • 4 MRFS process curbside recyclables • 56 municipal curbside recycling programs and 22 municipal drop-off sites ✓Plan documents a recycling rate of 24.42% (res/com) and 62.73% (industrial) 2022 Single Stream Curbside Processors
Key Elements and Findings COMPOSTING • 6% of all organic waste composted • 32% res/comm materials • 23 registered composting facilities • 56 cities have yard waste recycling • Less expensive than landfill 2022 Residential/Commercial Materials Recycled/Composted
RESIDENTIAL RECYCLING ANALYSIS Support existing curbside/drop-off programs and consortiums Public/private partnerships to establish “super drop-off centers” Work with communities to decrease Contamination in recycling Work with communities and private sector to develop organics composting infrastructure and programming.
BUSINESS AND INDUSTRY RECYCLING ANALYSIS Continue existing technical assistance and educational programs Seek business to become Business Recycling Champions (waste audits, diversion program development, and data tracking) Work to expand fiber and glass infrastructure and collection Target small to medium sized businesses without EHS or plan manager
SPECIAL WASTE ANALYSIS HOUSEHOLD HAZARDOUS WASTE • evaluate small business drop-off • expand the type of materials collected SCRAP TIRES • resident education • scrap tire dumping enforcement by ECTF ORGANICS • yard waste consortium • municipal composting cooperative • food rescue and food waste composting LITTER • facilitate targeted clean-ups
ECONOMIC INCENTIVE ANALYSIS Adjust Existing Grant Programs • Increase the type of grant programs offered • Expand the allowable uses under each grant program • Increase the dollars awarded PAYT support
EDUCATION AND OUTREACH ANALYSIS • Web site • E-newsletters • Resource guides • Speakers / presenters • Residential recycling outreach • Children’s education program • Business and industry outreach • Municipal outreach • Media relations • Tour Your MRF
Cuyahoga County SOLID WASTE DISTRICT 2026-2040 SOLID WASTE MANAGEMENT PLAN Revised Draft Plan for Ratification May 2025 Funding the Plan
TYPES OF FUNDING MECHANISMS ORC 3734.573 Tiered disposal fees (for districts that have landfills) Generation fees (for districts without landfills)
CUYAHOGA COUNTY’S FUNDING METHOD Cuyahoga County’s Generation Fee 1994 – 2006 = $1.00 per ton 2007 – 2022 = $1.50 per ton 2023 – Present = $2.00 per ton
COMPARING FEES WITH OTHER DISTRICTS Statewide Average $4.75 / ton Cuyahoga County $2.00 / ton _______________________________ Geauga/Trumbull…………..$5.50 Summit County……………..$5.00 Portage County………………$9.60 Franklin County………………$5.00 Montgomery County………$3.00
FUNDING PLAN IMPLEMENTATION • Generation Fee remains at $2.00 per ton through planning period (2040) • District revenue through Generations Fees and other minor income is projected to average $2.6 million / year • Costs to implement the plan is projected to average $2.7 million / year • District’s fund balance will be drawn down by ~$100,000 / year • District’s fund balance will be $3 million at end of planning period in 2040
@ Cuyahoga County SOLID WASTE DISTRICT 2026-2040 SOLID WASTE MANAGEMENT PLAN Revised Draft Plan for Ratification May 2025 Programs and Services
Recycling Outreach and Education CuyahogaRecycles.org County-wide recycling education and outreach Children’s Education Program Teacher and community resources Speakers Business Recycling Assistance Program Composting seminars and bin sales
Community Services Grant Programs (revamp existing + 1 new grant) Contracting Services and consortiums Waste collection and recycling program analysis Seminars for residents Disposal of HHW Scrap Tire Round Up Litter Collection Program Special Waste Convenience Center
Special Waste Convenience Center Resident Drop Off • Cell phones • CD/DVD cases • VHS and cassette tapes and cases • Mixed paper /cardboard • PakTech rings, and small electronics • Small appliances • Holiday lights • Election signs • Electronics
Other Services CLEVELAND Environmental Crimes Task Force Solid waste code enforcement CUYAHOGA COUNTY
@ Cuyahoga County SOLID WASTE DISTRICT 2026-2040 SOLID WASTE MANAGEMENT PLAN Revised Draft Plan for Ratification May 2025 Plan Ratification & Cuyahoga .org
PLAN RATIFICATION Ratification period May 10, 2025 - August 10, 2025 Each city/village council and township trustees must vote CCSWD Board must approve County Council must approve Communities representing 60% of Cuyahoga County must approve including the largest city (Cleveland) If communities fail to ratify, the Ohio EPA will write the plan and order it to be implemented.
Questions / Discussion The Cuyahoga County Solid Waste District is the leading resource in Cuyahoga County for information, expertise and programs that support sustainable materials management and reduce the environmental impact of waste. PHONE 216.443.3714 ADDRESS 4750 East 131 Street Garfield Heights, OH 44105
RATIFICATION OF THE CUYAHOGA COUNTY SOLID WASTE MANAGEMENT PLAN UPDATE (2026 – 2040) A Fact Sheet for Community Officials – DEADLINE TO RATIFY IS August 10, 2025 The development of the solid waste plan is a requirement of Ohio law. Every solid waste management district in Ohio must periodically update their solid waste management plan and submit it to each political subdivision to be ratified. Ratification occurs when city/village councils and township trustees representing 60% of a district’s population, including its largest city and the legislative authority of the county, vote to approve the plan. If a district’s plan is not ratified, the Ohio EPA will prepare the plan and order it to be implemented. This fact sheet provides general information about Cuyahoga County’s solid waste plan which is now out for ratification. The Cuyahoga County Solid Waste Management Plan The Cuyahoga County Solid Waste Management Plan was first ratified by communities in 1994 and four times since. The Cuyahoga County Solid Waste District (the District) and its Solid Waste Policy Committee are now seeking local approval for the fifth Plan Update. The ratification process takes place from May 10, 2025 through August 10, 2025. This Plan Update complies with an Ohio EPA format and contains 6 chapters and 23 appendices. It describes the waste management methods to be used in the upcoming planning period and details how the ten waste reduction and recycling goals established in the State Solid Waste Management Plan will be achieved. It also describes how the Plan will be implemented by the Cuyahoga County Solid Waste District. What’s the best way to review the Plan Update? The plan chapters provide an executive summary of the plan. The District recommends reading the chapters for an overview of the plan and if additional information is desired, referring to the appendices for more detail. Please find enclosed the 2026-2040 Plan Update summary presentation for your review. Your council clerk will soon receive a Plan Update Summary booklet. The complete Cuyahoga County Solid Waste Management Plan Update (2026 – 2040) is also available on the District’s website at CuyahogaRecycles.org and at the Cuyahoga County Solid Waste District’s office. Who prepared the Plan Update? The Plan Update was prepared by the Cuyahoga County Solid Waste District in conjunction with the Cuyahoga County Solid Waste Policy Committee. Various stakeholders were also consulted through the 18-month process. The Policy Committee consists of the Cuyahoga County Planning Commission members and two public members. Who implements the Plan Update and how is it funded? The District is responsible for implementing the Plan Update which contains programs and services that support waste reduction and recycling. The District employs seven staff and is funded by a “generation fee”. This fee of $2.00 is levied on each ton of waste produced in Cuyahoga County and landfilled in Ohio. Cuyahoga County’s current $2.00 per ton fee was increased by $0.50 per ton in 2023, only the second increase since 1994, and remains one of the lowest in Ohio. Under this Plan Update, the generation fee remains at the current level through 2040. For comparison, the average fee statewide is $4.74 per ton. Programs and services offered through the Plan All the existing programs and services offered by the Cuyahoga County Solid Waste District will continue with the ratification of this Plan Update while some new programs will be initiated. See program summary list below. Education Services Community Services & Programs Expanded or New Programs • CuyahogaRecycles.org • Speakers / presenters • Residential recycling outreach • Children’s education • Business recycling assistance • Recycling program assistance • Compost seminars • Compost bin sales • Household Hazardous Waste Program • Scrap Tire Round-Up • Litter Collection Program • Special Waste Collections • Program analysis and contracting services • Environmental Crimes Task Force • Health Department Funding • Grants for communities • Promote food waste, fiber, glass, yard waste drop-off super sites • Waste Reduction Grant for schools and universities • Volume-based fee support • Scrap tire education and enforcement • Expanded litter collection program Ratification
Ordinance 25-28 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO: 25-28 REQUESTED BY: COUNCILWOMAN MANN SPONSORED BY: COUNCIL AS A WHOLE AN ORDINANCE TO ESTABLISH A MUNICIPAL ARBORETUM IN BAIN PARK AND AUTHORIZE ACTIONS TO PURSUE ARBNET CERTIFICATION Whereas, the City of Fairview Park owns and maintains Bain Park, and wishes to establish an arboretum in portion of the park bordered by North Park Drive, Eaton Road and South Park Drive identifying the diverse tree species for use by residents and visitors for recreation and nature appreciation; and Whereas, the Shade Tree Advisory Committee, is charged with promoting and encouraging the planting of trees throughout the City of Fairview Park and also acts as an advisory board to City Council and the City Administration on such topics as shade tree planning, planting, and preservation on municipal properties and public right-of-ways; and Whereas, ArbNet, is an internationally-recognized arboretum accreditation program that promotes the establishment and professionalism of arboreta through standards, collaboration, and recognition and such certification would enhance the City’s environmental stewardship, promote biodiversity, and provide educational and scientific benefits to the community; and Whereas, The purpose of the arboretum shall be to promote tree conservation and biodiversity, educate the public on the importance of trees and ecosystems, serve as a living collection for scientific and horticultural study, and provide sustainable landscape and urban forestry models; and Whereas, the Fairview Park Shade Tree Advisory Committee will prepare and submit an application for Level I ArbNet Accreditation for a Bain Park Arboretum; and Whereas, funding for the necessary services, supplies and equipment such as tree tag equipment and software to support the initial startup of creating a Bain Park arboretum have been placed in the General Fund (FUND 100). NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: That the City, with the recommendations Shade Tree Advisory Committee, is hereby authorized to file an application, and to provide all information and documentation required with ArbNet for accreditation for a Bain Park Arboretum. SECTION 2: That the City agrees to obligate the funds required to satisfactorily complete the proposed project, in an amount not to exceed three thousand five hundred dollars ($3,500), to be paid from General Fund (FUND 100).
Ordinance 25-28 | Page 2 SECTION 3. That the Mayor and City Administration are authorized to file all documents and execute all agreements necessary to accept the award and receive and administer any grant funds; and that the funds are appropriated solely for purposes described in this Ordinance. SECTION 4. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 5. That this Ordinance shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 05.19.25 APPROVED: 2nd reading: 3rd reading: ___________________________________ Michael P. Kilbane, President of Council ___________________________________ Bill Schneider, Mayor ___________________________________ Liz L. Westbrooks, Clerk of Council
Bain Park Arboretum City of Fairview Park- Shade Tree Advisory Committee 20777 Lorain Road Fairview Park OH 44126 United States Quotation # S00263 Quotation Date: 05/09/2025 Expiration: 06/08/2025 Salesperson: Heidi Bertels Description Quantity Unit Price Taxes Amount Customized signs* XL-sign-2 Aluminum tag rectangle (landscape) | black | +/- 4.75" x 3.35" x 0.05" | 2 mounting holes 30.00 Units 17.50 0% EX $ 525.00 Artwork - Logo One-off graphic set-up costs per logo (will not be charged again for new orders) 1.00 Units 50.00 0% EX $ 50.00 * Custom order. Please note that custom orders cannot be returned or refunded and are therefore considered final sales. Subtotal $ 575.00 Stainless steel materials for mounting labels** Stainless steel screw set - 5 pieces 5 screws 60mm TX20, 5 springs, 10 washers 2.00 Units 10.00 0% EX $ 20.00 Stainless steel screw set - 50 pieces 50 screws 60mm TX20, 50 springs, 100 washers 1.00 Units 100.00 0% EX $ 100.00 ** 1 screw (set) required per hole Subtotal $ 120.00 Transport Drop ship fee per shipment of labels, stakes and accessories 1.00 Units 50.00 0% EX $ 50.00 Subtotal $ 50.00 Treehatch BV dba Plantsoon Vossenberg 72 2431 Veerle-Laakdal Belgium VAT: BE0788609406 For bank transfers, please use the following account details: KBC Bank N.V., New York Branch | COMPANY NAME: Treehatch BV dba Plantsoon ACCOUNT NUMBER: 13192401 | ROUTING NUMBER: 026008248 ADDRESS: 23 W 73rd Street - New York, NY 10023 hello@plantsoon.com | http://www.plantsoon.com
Untaxed Amount $ 745.00 VAT 0% $ 0.00 Total $ 745.00 This quotation is subject to the Plantsoon license terms and conditions. By accepting this quotation, you declare that you have received these license terms, that your English language skills enable you to understand these terms and that you accept these license terms. Pricing is exclusive shipping, handling and taxes except when the cost is included in the quotation. Fiscal Position Remark: Exempt from VAT – article 146 Directive 2006/112/EC Treehatch BV dba Plantsoon Vossenberg 72 2431 Veerle-Laakdal Belgium VAT: BE0788609406 For bank transfers, please use the following account details: KBC Bank N.V., New York Branch | COMPANY NAME: Treehatch BV dba Plantsoon ACCOUNT NUMBER: 13192401 | ROUTING NUMBER: 026008248 ADDRESS: 23 W 73rd Street - New York, NY 10023 hello@plantsoon.com | http://www.plantsoon.com
Ordinance 25-29 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25-29 ORIGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILMAN MINEK AND COUNCILWOMAN KING AN ORDINANCE AUTHORIZING THE MAYOR TO REQUEST PROPOSALS AND TO ENTER INTO A CONTRACT, AS APPROVED BY THE BOARD OF CONTROL, FOR PROFESSIONAL DESIGN SERVICES FOR INFRASTRUCTURE IMPROVEMENTS IN CONNECTION WITH THE SAFE ROUTES TO SCHOOL PROGRAM AND DECLARING AN EMERGENCY WHEREAS, the United States Congress has set aside funds for Safe Routes to School projects through the Ohio Department of Transportation(“ODOT”); and WHEREAS, the City of Fairview Park was awarded a grant from the ODOT in the amount of two hundred seventy-four thousand three hundred forty-two dollars and eighty cents ($274,342.80) for infrastructure improvements in Fairview Park; and WHEREAS, it is necessary to retain a professional engineer to develop construction engineering plans, specifications and bidding documents for the Safe Routes to School infrastructure project; and WHEREAS, the City will request proposals from companies capable of providing professional engineering services using ODOT’s consultant selection procedures; and WHEREAS, the Mayor will be authorized to enter into a contract with the most qualified, responsive and responsible professional design company as authorized by the Board of Control. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. The Mayor is hereby authorized to request proposals from companies capable of providing professional design services for the Safe Routes to School infrastructure project using the Ohio Department of Transportation's consultant selection procedures. SECTION 2. The Mayor is authorized to enter into a contract with the most responsive and responsible professional design company in an amount determined by the Board of Control for said project but not to exceed thirty-nine thousand seven hundred forty-three dollars and forty cents ($39,743.40) to be paid out of Capital Projects Fund (Fund 811). SECTION 3. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements.
Ordinance 25-29 | Page 2 SECTION 4. That this Ordinance is hereby declared to be an emergency measure, necessary for the immediate preservation of the public peace, health, safety and welfare; and for the further reason that ODOT required the design to be solicited and assigned by a third party to ensure services are rendered to facilitate the grant funded work timely, and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 05.19.25 APPROVED: 2nd reading: 3rd reading: ____________________________________ Michael P. Kilbane, President of Council ____________________________________ Bill Schneider, Mayor ____________________________________ Liz L. Westbrooks, Clerk of Council
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council ORIGINATED BY: Megan Otter, Assistant Development Director FROM: Mayor Bill Schneider RE: Safe Routes to School Infrastructure Ordinance DATE: May 19, 2025 The Administration of the City of Fairview Park (“City”) requests passage of this Ordinance after three readings with emergency enactment. AN ORDINANCE AUTHORIZING THE MAYOR TO REQUEST PROPOSALS AND TO ENTER INTO A CONTRACT, AS APPROVED BY THE BOARD OF CONTROL, FOR PROFESSIONAL DESIGN SERVICES FOR INFRASTRUCTURE IMPROVEMENTS IN CONNECTION WITH THE SAFE ROUTES TO SCHOOL PROGRAM AND DECLARING AN EMERGENCY. The legislation will authorize the City of Fairview Park (“City”) to enter into contract with a design professional company to assist the City with the Safe Routes to School Grant the City received from the Ohio Department of Transportation (“ODOT”) and authorize bidding of the infrastructure project. The City Engineer provided cost estimates for design professional services for the Project. Additional ordinances will be brought to City Council for approval for the construction administration and construction of the infrastructure project. cc: A. Steve Dever, Law Director Liz Westbrooks, Clerk of Council Jennifer Pae, Finance Director/HR Manager Bryan Hitch, Service Director
CITY OF FAIRVIEW PARK ORDINANCE NO.: 25-30 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN WERING and COUNCILWOMAN KING AN ORDINANCE AMENDING SECTION 929.06 OF CHAPTER 929 ENTITLED, "SOLID WASTE COLLECTION CHARGES" OF THE CODIFIED ORDINANCES OF THE CITY OF FAIRVIEW PARK AND DECLARING AN EMERGENCY WHEREAS, Section 929.06 of the Codified Ordinances of the City of Fairview Park was amended by Ordinance No. 24-35 to provide that the solid waste collection charges established by Chapter 929 shall expire December 31, 2025; and WHEREAS, it is in the best interest of the City of Fairview Park to extend the charges established by Chapter 929 until December 31, 2026. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That Section 929.06 of the Codified Ordinances of the City of Fairview Park shall be and is hereby amended as follows: “929.06 EXPIRATION The charges established under this Chapter shall expire on December 31, 2025-6.” SECTION 2. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety and welfare and timely provide for the continuation of the charges under this Ordinance, and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 05.19.25 APPROVED: 2nd reading: 3rd reading: ____________________________________ Michael P. Kilbane, President of Council ____________________________________ Bill Schneider, Mayor ____________________________________ Liz L. Westbrooks, Clerk of Council
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Jennifer Pae, Finance Director / HR Manager RE: 2025 Tax Year (2026 Collection Year) Solid Waste Collection and Street Lighting Special Property Tax Assessments, and the extension of Solid Waste Collection charges expiration date. DATE: May 19, 2025 The Administration requests passage of the following three related pieces of legislation in three readings with emergency enactment: AN ORDINANCE LEVYING SPECIAL ASSESSMENTS FOR COLLECTION OF THE MONTHLY CHARGE FOR COLLECTION OF SOLID WASTE IN THE CITY OF FAIRVIEW PARK, OHIO FOR THE TAX YEAR 2025 AND DECLARING AN EMERGENCY AN ORDINANCE AMENDING SECTION 929.06 OF CHAPTER 929 ENTITLED, "SOLID WASTE COLLECTION CHARGES" OF THE CODIFIED ORDINANCES OF THE CITY OF FAIRVIEW PARK AND DECLARING AN EMERGENCY AN ORDINANCE LEVYING SPECIAL ASSESSMENTS FOR THE IMPROVEMENT OF ALL OF THE STREETS OF FAIRVIEW PARK, OHIO PROVIDING AND SUPPLYING SAID STREETS WITH ELECTRIC STREET LIGHTING FOR THE TAX YEAR 2025 AND DECLARING AN EMERGENCY Every year the City of Fairview Park (“City”) must provide legislation for the Cuyahoga County Fiscal Office to certify each residential permanent parcel number to permit the assessment for solid waste collection fees as permitted by Section 929 of the City of Fairview Park Codified Ordinances, in which each residential unit is levied $156 per year ($13 a month). The additional Ordinance is needed to update that section to extend the expiration of those charges to December 31, 2026. The City also assesses city properties, both residential and commercial, on a percentage amount not to exceed $300,000 for the entire City based on each property’s prior year total property tax amount which assists with the payment of the street lighting electrical costs.
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org The 2025 tax year solid waste collection fees and street lighting assessments will be placed on the respective property owner’s 2026 property tax bill by Cuyahoga County, which will collect the amounts permitted through these Ordinances, and then remit those assessments to the City which will assist in paying for the costs incurred for these respective services. Thank you for your consideration and look forward to discussing this in committee. cc: Bill Schneider, Mayor A. Steven Dever, Director of Law Liz Westbrooks, Clerk of Council
Ordinance 25-31 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO. 25-31 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN KING AN ORDINANCE ESTABLISHING THE SALARY RANGES FOR VARIOUS OFFICES AND POSITIONS OF THE MUNICIPAL GOVERNMENT, REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY WHEREAS, it is reasonable and necessary for the efficient operation of the City of Fairview Park that the City fairly compensates its non-collective bargaining employees; and WHEREAS, it has become necessary to adjust the salaries of part-time and seasonal employees to meet market demands; and WHEREAS, it has become necessary to create a new position within the Service Department, Assistant Service Director, and a new position in the Building Department, Building Inspector, in order to better serve the residents of the City of Fairview Park; and WHEREAS, it has also become necessary to allow for flexibility of City of Fairview Park benefits granted in Chapter 143 of the Codified Ordinances in order to attract seasoned professionals for employment so they will not lose their level of vacation time or other benefits by taking a position with the City. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That effective with the passage of this Ordinance, the annual salary ranges of certain positions are hereby updated as attached hereto as Exhibit "A" and will remain in effect until duly changed by ordinance. The positions contained in Exhibit "A" shall be paid at a salary determined by the Mayor and paid on a bi-weekly basis, with the exception of the Clerk of Council, the salary for which is determined by the Members of Council. SECTION 2. The Mayor shall be permitted to waive Section 143.23(a) for any non-union employees offered full-time employment with the City on or after January 1, 2024 and allow vacation leave commensurate with levels of vacation earned with prior employers and to begin accumulating vacation time upon the individual’s start date. SECTION 3. Employees listed in Grades F – Grade A and Specialty Positions shall be permitted to work on a part-time basis or a set pro-rated annual salary based on regularly scheduled hours worked, and their hourly rate or prorated annual salary shall be set within the respective grade ranges, can be employed in a combination of two positions, and can be offered benefits as detailed in Section 5 upon the discretion of the Mayor.
Ordinance 25-31 | Page 2 SECTION 4. Any non-seasonal part-time employee as defined in Section 143.01 (g) of the City of Fairview Park Codified Ordinances regularly scheduled to work 30 hours or more, but less than 40 hours shall be allowed the following benefits: • To earn sick leave on a pro-rated basis of regularly scheduled hours as defined in Section 143.22; • To holiday leave as defined in Section 143.24 (paid a full-eight hours); • To be offered Health Plan Insurance as required by Affordable Care Act; and • To be offered Life Insurance. SECTION 5. That the salary of the Director of Law shall cover all ordinance services including legal advice and opinions as requested by the Council, the Mayor and Directors of Departments, the drafting of ordinances and resolutions, attendance at Council meetings and the administration and supervision of the Law Department. The professional fees for handling any litigation involving the City of Fairview Park for other extraordinary services shall be paid at a rate not to exceed $200.00 per hour. Payments to the Law Department for the handling of litigation or extraordinary services shall not exceed in total $35,000 per year unless otherwise authorized by Council. “Extraordinary Services as used herein shall mean any and all legal services furnished to the City by the Director of Law or the Assistant Director of Law not otherwise within the contemplated scope of their salary duties. “Extraordinary Services” includes but is not limited to the negotiation of the City labor contracts and other contracts and preparation for and attendance at arbitration or lawsuits concerning labor matters, including matters before the State Employment Relations Board, other State administrative agencies, and any appeals. SECTION 6. The City shall hold the Law Director and assistants to the Law Director, including the Assistant Director – Prosecutor and Assistant Director – Boards and Commissions, harmless and indemnify each from any and all damages and liability claims, asserted or adjudicated through civil and criminal litigation or proceedings before any court or administrative agency , and the City of Fairview Park shall indemnify all costs or expenses incurred for the defense thereof and pay all judgements for money damages awarded as a result of undertaking the responsibilities described herein. SECTION 7. That Ordinance 24-86A, and all previous salary ordinances or parts of ordinances inconsistent herewith, are hereby repealed. SECTION 8. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this ordinance were adopted in an open meeting of this Council and that all deliberations of this council and any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 9. That this Ordinance is hereby declared to be an emergency measure, necessary for the immediate preservation of the public peace, health, safety, and welfare and for the further reason that it is necessary to expedite this ordinance for the efficient operation of the
Ordinance 25-31 | Page 3 City of Fairview Park; and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 05.19.25 APPROVED: 2nd reading: 06.02.25 3rd reading: ____________________________________ Michael P. Kilbane, President of Council ____________________________________ Bill Schneider, Mayor ____________________________________ Liz L. Westbrooks, Clerk of Council
Exhibit A EMPLOYEE GRADE 2025 Minimum 2025 Maximum Grade F Director of Finance Director of Public Service & Development Director of Law Building Commissioner Grade E Clerk of Council Director of Recreation Director of Senior Life Assistant Development Director Assistant Service Director Assistant Building Commissioner Grade D Assistant Finance Director Human Resources Manager Deputy Director Recreation / Aquatics Service Supervisor Building Inspector Grade C Assistant Director of Law - Prosecutor Finance Specialist Assistant Service Supervisor Executive Assistant to Mayor Property Maintenance Officer Recreation Facilities Coordinator Recreation Program Coordinator Senior Site Coordinator Grade B No Positions At This Time Grade A No Positions At This Time Specialty Positions Assistant Director of Law - Boards and Commissions $13,390 $20,600 Animal Control Officer $3,502 $3,811 PART-TIME STAFFING 2025 Minimum 2025 Maximum Professional Part-time: Administrative Support, Certified Building Inspector, Instructors/Specialty Recreation, Licensed Social Worker $21.63 $31.93 Regular Part-time: Administrative Clerks, Auxiliary Police Officer, Police Clerk/Dispatch, Property Maintenance Officer, Recreation Staff, School Guard, Senior Life Office, Senior Van Drivers, Service Department $10.70 (State of Ohio minimum wage) $23.69 Seasonal Staff: Hydrant Painter, Recreation Staff, Service Department $10.70 (State of Ohio minimum wage) $19.57 $33,154 $55,445 $43,906 $73,429 $38,082 $63,687 $66,307 $110,892 $51,074 $85,416 CITY OF FAIRVIEW PARK SALARY STRUCTURE WITH JOB TITLES 2025 $76,164 $127,375
MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Jennifer Pae, Finance Director RE: 2025 Salary Ordinance for non-union full-time, part-time and seasonal employees DATE: May 19, 2025 The requested update to the City of Fairview Park 2025 non-union Salary Ordinance includes the creation of two new positions: • Assistant Service Director • Building Inspector As the City is working to create a Sewer Division within the Service Department, as well as to expand investment in streets and public facilities, the number of managers needs to be increased from one Service Supervisor to two Service Supervisors managed by an Assistant Service Director. This is a best practice as the City continues to invest in its Service Department to better serve the community. Ordinance 133.021 permits the position of Building, Electrical or Plumbing Inspector. Due to the high demand for positions such as these within the State of Ohio, the City of Fairview Park needs flexibility in terms of positions for the Building Department. Thank you. cc: Bill Schneider, Mayor A. Steven Dever, Director of Law Liz Westbrooks, City Council Clerk
Ordinance 25-32 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25-32 ORIGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR AND KERRY KEMP, RECREATION DIRECTOR REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN KING CO-SPONSORED BY: COUNCILMAN MINEK AN ORDINANCE AUTHORIZING THE INSTALLATION OF A NEW PLAYGROUND AT BOHLKEN PARK BY SNIDER RECREATION INC THROUGH COOPERATIVE PROCUREMENT, SOURCEWELL, AND A GRANT TOTALING THREE HUNDRED NINETY THOUSAND DOLLARS ($390,000.00) AND DECLARING AN EMERGENCY WHEREAS, the City of Fairview (“City”) has secured grant funding from Cuyahoga County Supplemental Grant funds totaling fifty thousand dollars ($50,000); and WHEREAS, the City will use a cooperative procurement solution available to government entities called Sourcewell, Snider Recreation (BCI Burke Company, LLC) has secured a contract with Sourcewell; and WHEREAS, the Ohio Revised Code Section 5513.01 (B) allows for political subdivisions to participate in cooperative purchasing contracts and contractors; and WHEREAS, Snider Recreation (BCI Burke Company, LLC) has provided an environmentally sound and advantageous quote for demolition, equipment and installation of playground equipment at Bohlken Park (Exhibit A); and WHEREAS, the City requests authorization for the purchase of the playground equipment from Snider Recreation (BCI Burke Company, LLC) in an amount not to exceed three hundred ninety thousand dollars ($390,000.00). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. The Mayor is hereby authorized to enter into a cooperative purchasing agreement for the purchase of playground equipment for Bohlken Park through the purchasing contract secured by Sourcewell under contract number #010521-BUR attached hereto as Exhibit B. SECTION 2. That Snider Recreation (BCI Burke Company, LLC) is to be paid in an amount not to exceed three hundred ninety thousand dollars ($390,000.00) for playground equipment to be paid from the Recreation Fund (Fund 230). SECTION 3. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of th1s Council,
Ordinance 25-32 | Page 2 and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 4. That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of public peace, health, safety and welfare; and for the further reason that the equipment needs to be ordered in a timely manner to meet grant funding requirements and deadlines; and provided it received an affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 05.19.25 APPROVED: 2nd reading: 3rd reading: ____________________________________ Michael P. Kilbane, President of Council ____________________________________ Bill Schneider, Mayor ____________________________________ Liz L. Westbrooks, Clerk of Council
Exhibit A ll Snider Recreation Inc. Estimate Sytder Recreat: 10139 Royalton Road, Suite K ww North Royalton, OH 44133 Date Estimate # %, iS 5/7/2025 16501 oe Poh creat oe Ph (440)877-9151 Toll Free (800)888-2889 Fx (440)877-9159 info@cvsnider.com www.cvsnider.com City of Fairview Park City of Fairview Park Attention: Kerry Kemp 21225 Lorain Road 21225 Lorain Road Fairview Park, OH 44126 Fairview Park, OH 44126 390,000.00 390,000.00 Subtotal $390,000.00 Sales Tax (8.0% cai ee Bohlken Park Design BCI Burke Design127-201245-1 - Which includes play equipment, benches, plastic borders as needed, excavation & demo as needed, NEW engineered wood fiber play surfacing, material shipped, and installation If tax exempt certificate is not provided appropriate sales tax will be charged. Quote valid for 30 days. Freight subject to fuel charge. Payment via credit card will incur an additional 3% administrative fee. $390,000.00 Total
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DocuSign Envelope ID: 317DF553-8B6C-427D-8271-1A5E3F944659 Exhibit B 010521-BUR “a Sourcewell >a Solicitation Number: RFP #010521 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and BCI Burke Company, LLC, 727 Northwest Way, Fond du Lac, WI 54937 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Playground and Water Play Equipment with Related Accessories and Services from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires February 17, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 10/2020 1
DocuSign Envelope ID: 317DF553-8B6C-427D-827 1-1A5E3F944659 010521-BUR All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable Rev. 10/2020 2
DocuSign Envelope ID: 317DF553-8B6C-427D-8271-1A5E3F944659 010521-BUR time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: e Identify the applicable Sourcewell contract number; e Clearly specify the requested change; e Provide sufficient detail to justify the requested change; e Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and e Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing Rev. 10/2020 3
DocuSign Envelope ID: 317DF553-8B6C-427D-827 1-1A5E3F 944659 010521-BUR restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Rev. 10/2020 4
DocuSign Envelope ID: 317DF553-8B6C-427D-827 1-1A5E3F 944659 010521-BUR Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: e Maintenance and management of this Contract; e Timely response to all Sourcewell and Participating Entity inquiries; and e Business reviews to Sourcewell and Participating Entities, if applicable. Rev. 10/2020 5
DocuSign Envelope ID: 317DF553-8B6C-427D-827 1-1A5E3F944659 010521-BUR B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: e Customer Name (e.g., City of Staples Highway Department); e Customer Physical Street Address; Customer City; e Customer State/Province; e Customer Zip Code; « Customer Contact Name; e Customer Contact Email Address; e Customer Contact Telephone Number; e Sourcewell Assigned Entity/Participating Entity Number; e Item Purchased Description; e Item Purchased Price; e Sourcewell Administrative Fee Applied; and e Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Rev. 10/2020 6
DocuSign Envelope ID: 317DF553-8B6C-427D-8271-1A5E3F 944659 010521-BUR Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their Rev. 10/2020 7
DocuSign Envelope ID: 317DF553-8B6C-427D-8271-1ASE3F944659 010521-BUR respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor. b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. Rev. 10/2020 8
DocuSign Envelope ID: 317DF553-8B6C-427D-8271-1A5E3F 944659 010521-BUR a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. Rev. 10/2020 9
DocuSign Envelope ID: 317DF553-8B6C-427D-8271-1A5E3F 944659 010521-BUR 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY if any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. lf parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. Amaterial breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: Rev. 10/2020 10
DocuSign Envelope ID: 317DF553-886C-427D-827 1-1AS5E3F944659 010521-BUR e Exercise any remedy provided by law or equity, or e Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit Rev. 10/2020 11
DocuSign Envelope ID: 317DF553-8B6C-427D-8271-1A5E3F944659 010521-BUR 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000 — annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance Rev. 10/2020 12
DocuSign Envelope !D: 317DF553-8B6C-427D-827 1-1A5E3F944659 010521-BUR maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. —E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. Rev. 10/2020 13
DocuSign Envelope ID: 317DF553-886C-427D-827 1-1A5E3F 944659 010521-BUR The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 Rev. 10/2020 14
DocuSign Envelope ID: 317DF553-8B6C-427D-827 1-1A5E3F 944659 010521-BUR hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-76710.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any Rev. 10/2020 15
DocuSign Envelope ID: 317DF553-8B6C-427D-8271-1A5E3F 944659 010521-BUR agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. |. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Rev. 10/2020 16
DocuSign Envelope ID: 317DF553-8B6C-427D-8271-1ASE3F 944659 010521-BUR 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell BCI Burke Company, LLC ron Sawant [Doug Picdrowski By: COFD2A139D06489... By: SE49E AF 183CS43E... Jeremy Schwartz Doug Pietrowski Title: Director of Operations & Title: Chief Financial Officer Procurement/CPO 2/15/2021 | 10:34 PM CST 2/15/2021 1:06 PM PST Date: Date: /15/ | Approved: DocuSigned by: By: TEA2BBF817 ABACC... Chad Coauette Title: Executive Director/CEO 2/15/2021 | 10:45 PM CST Date: Rev. 10/2020 17
DocuSign Envelope ID: 317DF553-886C-427D-827 1-1 ASE 3F 944659 RFP 010521 - Playground and Water Play Equipment with Related Accessories and Services Vendor Details Company Name: Does your company conduct business under any other name? If yes, please state: Address: Contact: Email: Phone: HST#: Submission Details Created On: Submitted On: Submitted By: Email: Transaction #: Submitter's IP Address: Bid Number: RFP 010521 BCI Burke Company, LLC Wi 727 Northwest Way Fond du Lac, wi 54935 Marianne Larson miarson@bciburke.com 920-933-6701 Thursday November 12, 2020 10:17:31 Tuesday January 05, 2021 09:24:22 Jessica Westphal jwestphal@bciburke.com 49657 9f6-aad4-4995-b61d-21d352c781ce 24.196.128.114 Vendor Name: BCI Burke Company, LLC
DocuSign Envelope ID: 317DF553-886C-~427D-8271-1A5SE3F 944659 Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not feave answers blank; mark “NA’ if the question does not apply to you (preferably with an explanation). 1 Proposer Legal Name (and BCI Burke Company, LLC applicable d/b/a, if any): 2 Proposer Address: 727 Northwest Way Fond du Lac, WI 54937 Proposer's Authorized Doug Pietrowski, Chief Financial Officer, 727 Northwest Way, Fond du Lac, Wi 54937 Representative (name, title, dpietrowski@bciburke.com (920) 921-9220 address, email address & phone) (The representative must have authority to sign the “Proposer’s Assurance of Compliance” on behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 5 Proposer's primary contact for this proposal (name, title, address, email address & phone): Proposer'’s other contacts for this proposal, if any (name, title, address, email address & phone): e Marianne Larson, Sales Support Manager, 727 Northwest Way, Fond du Lac, WI 54397, mlarson@bciburke.com, (920) 933-6701 Jessica Westphal, Sales Support Coordinator 727 Northwest Way, Fond du Lac, Wi 54397, jwestphal@bciburke.com, (920) 933-6697 Table 2: Company Information and Financial Strength Line z 7 Provide a brief history of your company, JE Burke Company was incorporated in 1920 as a weather-stripping company that including your company’s core values, quickly expanded to include the design and production of designer radiator furniture. business philosophy, and industry longevity After receiving a request to fabricate a slide for a family friend, JE Burke entered related to the requested equipment, products [the playground industry and soon playground products were the company's main or services. focus. The company remained family-owned and operated under the JE Burke company name until it was purchased from Greg Burke in 1997 and was incorporated as BCI Burke Company, LLC. Burke just celebrated our 100th anniversary this year. Our mission at Burke is simple: To bring Play That Moves You to communities around the world. Our purpose each and every day is to create quality and innovative playground equipment that inspires us to move. We do this with a culture that is focused on outcomes where everyone wins ~ the Company, our Employees, our Representatives, our Partners, our Customers and the Community. It's what we focus on every day. See attachment Burke History. 8 What are your company's expectations in the |Our expectations are that Burke and Sourcewell will work as a cohesive team to event of an award? provide Sourcewell customers with the highest quality products and services for the best value in the industry. We will commit our resources to immediately train our internal staff, Representatives and current customers regarding the benefits of purchasing through Sourcewell We will market the Sourcewell contract to existing Burke and Sourcewell customers. We will introduce Sourcewell to the Canadian market using our current Representative and targeted Marketing initiatives to increase brand awareness for both Burke and Sourcewell in Canada. The Burke/Sourcewell partnership will continue to grow throughout the term of the contract as we exceed member expectations and bring “Play That Moves You” to communities throughout the US and Canada. Bid Number: RFP 010521 Vendor Name: BCI Burke Company, LLC
DocuSign Envelope ID: 317DF553-8B6C-~427D-8271-1A5E3F 944659 9 Demonstrate your financial strength and BCI Burke FEIN#: 39-1900568 stability with meaningful data. This could NCAIS #: 332300 Architectural & Structural Metals Manufacturing include such items as financial statements, Industry Type: Manufacturing SEC filings, credit and bond ratings, letters Sub Type: Fabricated Metal Product Manufacturing of credit, and detailed reference letters. Upioad supporting documents (as applicable) |Burke is a privately held company that is growing rapidly and has a strong financial in the document upload section of your position. We are pleased to provide the attached references to demonstrate our response. financial strength. BCI Burke has entered its 100th year of continuous operation in 2020 making us the oldest commercial playground equipment manufacturer in the United States. Achieving longevity such as this can only be accomplished through continued operational discipline and financial strength. See financial attachments 10 What is your US market share for the Burke is proudiy represented by local Representative Partners throughout the United * solutions that you are proposing? States. Our market share varies by territory but is as strong as 30% in some areas. 11 What is your Canadian market share for the Burke is proudly represented by local Representative Partners throughout Canada Our |. solutions that you are proposing? market share varies by province but is as strong as 15% in some areas. 12 Has your business ever petitioned for Burke has not ever petitioned for bankruptcy protection. é bankruptcy protection? If so, explain in detail. 13 How is your organization best described: is it |Burke is best described as a manufacturer. a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever Burke has thirty contracted US and Canadian Representative Firms that employ question (either a) or b) just below) best outside and inside sales representatives and administrative staff. The Representative applies to your organization. Firms are responsible for servicing all markets within their contracted territory. The a) If your company is best described as a |Representative Firms are independent entities that contract with Burke to sell Burke distributor/dealer/reseller (or similar entity), products within their specific territory. provide your written authorization to act as a distributor/dealer/reseller for the manufacturer {Please see the enclosed Representative Territory map to identify coverage of Burke of the products proposed in this RFP. If products and services throughout the United States and Canada. Having solid applicable, is your dealer network relationships with our Representatives is critical for Burke; in fact it is these very independent or company owned? relationships that set Burke apart in the industry from other manufacturers. Bottom b) If your company is best described as a [line is that the customer needs to be taken care of in a timely manner, and that is manufacturer or service provider, describe what Burke and our Representatives do. lt may sound like a simple concept, but it is your relationship with your sales and service {not common in our industry. force and with your dealer network in delivering the products and services proposed |The relationship with our Representatives is based upon a model that consists of in this RFP. Are these individuals your shared goals and objectives, mutual dependence, open lines of communication, employees, or the employees of a third party? |mutual commitment to customer satisfaction, concerns for others profitability, and trust. Each of these items overlaps the next and must remain in proportional balance in order for Burke and our Representatives to be successful. Burke realizes that the Representative is aiso our customer and to maintain our model of successful factory/Representative relationship, professional respect, continuous improvement initiatives, and investment of effort by top management are a necessity. Burke recognizes and strives to support our Representative Firms’ efforts by timely responses and open lines of communication, and in the end, this allows Burke and our Representatives to offer superior customer service to the end customer. It is a requirement in our industry to have all products certified through IPEMA to the ASTM F1487 and CSA 2614 playground safety standards for equipment and surfacing. We are active participants in the equipment certification program and the surfacing certification program, and all of our products are certified to the appropriate standards. Our company also maintains certification to ISO 9001 and ISO 14001, which are both necessities to compete and carry on business in our industry. BCI Burke offers Installer Training done in conjunction with NPCAI to offer both NPCAI and Burke Installer Certification. Many of our Representative Firms send their installers to this training to become Burke Certified Installers to ensure our products are installed safely, properly and compliant. Burke has not had any Suspension or Disbarment proceedings during the past ten years. If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. Provide all “Suspension or Debarment” information that has applied to your organization during the past ten years. Bid Number: RFP 010521 Vendor Name: BCI Burke Company, LLC
DocuSign Envelope !D: 317DF553-8B6C-427D-8271-1ASE3F944659 Table 3: Industry Recognition & Marketplace Success Describe any relevant industry awards or Burke has been featured in many magazines and received recognition for many of recognition that your company has received our designs. in the past five years * Featured in LASN 2017 Playground Issue — Hope Playground in Redmond, OR. * Featured in LASN 2016 School Issue — First United Methodist Church in Richardson, TX + 2015 Ruth Hughes Innovative Accessible Recreation Facility Award from the New Jersey Commission on Recreation for Individuals with Disabilities for The Jets Play 60 All Access Playground at Central Park of Morris County Please see attached Burke Awards for additional awards we have also received. 17 What percentage of your sales are to the 30% of Burke's sales over the past three years are to the governmental sector. governmental sector in the past three years 18 |hat percentage of your sales are to the 35% of Burke's sales over the past three years are to the education sector.. g = ro) education sector in the past three years List any state, provincial, or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? OMNIA Partners - Contract # R170301 Over $18M in sales over past 3 years 20 Equalis Group/Sourcing Alliance - Contract # 2020.05.4A New Contract, no reported sales at this time. HGACBuy- Contract # PR11-20 Approximately $1M in Sales in past 3 years Ohio State Contract ~ Schedule # 800702 Approximately $3M in Sales in past 3 years NJ State Contract ~ Contract # T0103, 16-FLEET-00134 Over $2.7M in Sales over past 3 years GSA —~ Contract #’s 47QSMA20D08NL & 47QSMA20D08NM Over $6 Million in sales over the past 3 years List any GSA contracts or Standing Offers and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three years? CMAS — Contract#’s 4-20-78-0025B & 4-20-78-0025C Over $700,000 in sales over the past 3 years Table 4: References/Testimonials Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Phone Number? (680) 710-5856 (941) 699-2040 Table 5: Top Five Government or Education Customers Line item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. . State / Dollar Volume Past Three | Entity Name Entity Type * Scope of Work” Size of Transactions * Years * Clark County Education Nevada - NV Playground Equipment, Surfacing, |Range from $15,000 to $2,200,000 School Distict Install $250,000 Town of Islip Government New York-NY {Playground Equipment, Surfacing {ange from $2,000 to $2,800,000 and Install $155,000 Camp Lejeune {Government North Carolina - {Playground Equipment, Surfacing, {Range from $50,000 to $6,500,000 NC Install and Demo $100,000 per Location USD 259 Education Kansas - KS Playground Equipment, Surfacing [Range $500 to $120,000 {$1,700,000 and Install per project IDEA Schools |Education Texas - TX Playground Equipment, Surfacing {Range from $50,000 - $2,800,000 and Install $200,000 Bid Number: RFP 010521 Vendor Name: BCI Burke Company, LLC
DocuSign Envelope ID: 317DF553-8B6C-427D-827 1-1A5E3F 944659 Table 6: Ability to Sell and Deliver Service Describe your company’s capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line # 25 Bid Number: RFP 010521 Sales force. Service force. Dealer network or other distribution methods. Burke employs four Regional Sales Managers (RSM) who assist our Representative firms and customers in a variety of ways. Each RSM is assigned a territory within the United States and Canada (Northeast, Southeast, Western and Midwest). The RSMs assist our Representative Firms by joining them in customer visits, lunch & leams, tradeshows, territory development, training and recruiting. The RSMs report directly to Michael Phelan, Burke's President/CEO. Burke’s Sales Support and Marketing Departments provide continuous support to the RSMs and Representatives. This model has proven to be very effective for Burke and demonstrates our commitment to fully support our Representative firms and our customers. Burke RSMs also handle Burke Direct sales into areas that are not currently covered by a contracted Representative firm. RSMs work closely with Burke Sales Support Staff to ensure exceptional Burke designs, timely submission of proposals and quotes, order placement, order delivery, equipment installation and service. Burke has thirty contracted US and Canadian Representative Firms that employ outside and inside sales representatives and administrative staff. The Representative firms are responsible for servicing all markets within their contracted territory. The Representative firms are independent entities that contract with Burke to sell Burke products within their specific territory. The Burke team is here to help before, during and after the sale ~ long after. From the initial design through the final installation, Burke works closely with its Representatives and directly with government entities to make sure all the pieces come together. Our focus is not just about Play that Moves Us today; it is about building a relationship with Sourcewell Partners and customers for years to come. Having solid relationships with our Representatives is critical for Burke; in fact it is these very relationships that set Burke apart in the industry from other manufacturers. Bottom line is that the customer needs to be taken care of in a timely manner, and * that is what Burke and our Representatives do. It may sound like a simple concept, but it is not common in our industry. The relationship with our Representatives is based upon a model that consists of shared goals and objectives, mutual dependence, open lines of communication, mutual commitment to customer satisfaction, concerns for others profitability, and trust. Each of these items overlaps the next and must remain in proportional balance in order for Burke and our Representatives to be successful. Burke realizes that the Representative is also our customer and to maintain our model of successful factory/Representative relationship professional respect, continuous improvement initiatives, and investment of effort by top management are a necessity. Burke recognizes and strives to support our Representative Firms’ efforts by timely responses and open lines of communication, and in the end this allows Burke and our Representatives to offer superior customer service to the end customer. Please see the enclosed Representative map to identify coverage of Burke products and services throughout the United States and Canada. We have one service and parts center with three full time technicians. The hours of operation are 7:30am-4:30pm Central Time. After-hour phone calls are recorded and are returned / answered the following business day. Additionally, our Representatives have access to our website 24/7. This website offers our Representatives a large amount of information they can access before, during or after our normal hours of operation. Burke has a toll free Customer Service telephone number available for customers to call the factory direct. Our Customer Service staff has the ability to process requests almost immediately and we can ship service parts the same day in many cases, including Next Day Air service if the situation requires it. Customer Service requests are forwarded directly to the Production Manager and their staff for immediate processing Vendor Name: BCI Burke Company, LLC
DocuSign Envelope {D: 317DF553-8B6C-427D-827 1-1A5E3F944659 Burke Customer Service staff is arranged to provide a person to talk to when a need arises. Incoming calls go directly to a real-live person, not an answering system. Staff also stagger their breaks, lunches and vacations to ensure someone is always available for calls during normal business hours. Our Customer Service staff has the ability to process requests immediately and we can service parts the same day in many cases, including Next Day Air service if the situation requires it. They have the availability to see stock status of parts to ensure promises made to customers on ship dates are met. Their requests (via information from the customer) are forwarded directly to the Production Manager and staff for immediate processing. Describe in detail the process and procedure of your customer service program, if applicable. Include your response-time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. Burke is committed to providing superior customer service. Not only do we evaluate our processes internally, we regularly send Customer Satisfaction Surveys to recent order recipients. We request feedback on quality, appearance, and the ease of installation. The survey also requests input on our selection of products, service provided by our Sales Representatives, and suggestion for improvement. These responses are then documented and reviewed by our Management, Quality and Customer Service departments.. This data is used to evaluate opportunities for continual improvement of system effectiveness and customer satisfaction. Burke is able to offer our contracted products and services to Sourcewell customers throughout the United States. Describe your ability and willingness to provide your products and services to Sourcewell participating entities in the United States. Describe your ability and willingness to provide your products and services to Sourcewell participating entities in Canada. Burke is very willing and able to provide our products and services to Sourcewell customers in Canada. Since 2010 we have had an Authorized Representative, PlayQuest Recreation, proudly representing Burke products in the Provinces of Alberta, Manitoba, Saskatchewan, Northwest Territories, Yukon and Northem British Columbia. PiayQuest Recreation provides turnkey solutions for any sized project. Since then Burke has hired on two more Representatives. Cobequid Consulting representing the Provinces of Nova Scotia, New Brunswick and Prince Edward Island and Suttle Recreation covering the Provinces of British Columbia and Yukon. Burke is actively seeking new Representation in the areas that are currently being serviced by Burke Direct. Burke’s Regional Sales Manager visits Canada frequentiy and is working on partnerships with local installers and surfacing companies in Ontario and Quebec. in the City of Brampton, the fastest growing municipality in Canada, Burke equipment has been officially approved. Several architectural firms are scheduled to review Burke products and we are aggressively pursuing approval to be included in their specifications. Burke is able to offer our contracted products and services to Sourcewell customers throughout the United States and Canada without any geographic restrictions. Identify any geographic areas of the United States or Canada that you will NOT be fully serving through the proposed contract. Identify any Sourcewell participating entity sectors (i.e., government, education, not-for- profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? Define any specific contract requirements or restrictions that would apply to our participating entities in Hawaii and Alaska and in US Territories. w@ Nh 7° Burke is not restricted by any other cooperative agreements pertaining to the Member Sectors to which we can sell. Burke is able to provide our contracted products and services in the government, education and not-for-profit sectors. There are no specific contract requirements or restrictions that would apply to Sourcewell members in Hawaii and Alaska and in US Territories. These customers would be handled directly by Burke Corporate as a Burke direct customer. Bid Number: RFP 010521 Vendor Name: BCI Burke Company, LLC
DocuSign Envelope ID: 317DF553-8B6C-427D-8271-1A5E3F 944659 Table 7: Marketing Plan Burke will develop and utilize cobranded postcard mailers, email blasts, and Google Describe your marketing strategy for promoting this contract opportunity. Adwords advertising to dramatically elevate awareness. in addition, each message will be shared via our social media campaign. Upload representative samples of your Website / Catalog marketing materials (if applicable) in the document upload section of your Burke’s two most impactful marketing initiatives are our website and catalog. Burke will response. maintain a dedicated page within our website outlining our relationship with Sourcewell and providing a link to the Sourcewell web site. Sourcewell will also be included in our printed catalog. Direct Mail Campaigns/ Co-branded Collateral/Advertising Schedule Our marketing team will build in the Sourcewell logo and language to co-brand our pieces in our scheduled marketing campaigns. Additionally, we will budget for additional mailings specific to Sourcewell Direct mail postcards will be sent to our database, along with any database records that Sourcewell provides. Print advertising is scheduled in local and national publications for the year and will include Sourcewell in our scheduled placements. These publications include, but are not limited to Parks & Recreation Magazine and Parks and Rec Business Magazine. We also participate in state specific publications such as California Parks and Recreation Society (CPRS) Magazine, and our partnership will also be reflected in those advertisements. Tradeshow Participation Burke has increased our presence in both the local and national tradeshow circuit, heavily increasing our marketing efforts for the National Recreation and Parks Association (NRPA) Annual Conference in September, as well as the American Society of Landscape Architects (ASLA) immediately following NRPA in October. We will incorporate the Sourcewell logo in our physical handouts, as well as our pre-and post-show marketing efforts, including print advertising in national magazines and show specific publications, email blasts, and our social media campaign. Internal Promotion Burke provides a Burke Spot for all upcoming news and events to all our employees and Representative Firms. We will send ongoing updates regarding the contract award and reminders will be include the Sourcewell contract in their communication and sales tactics. We hold an annual Sales Conference for our Representative Firms that include continuing education presentations and updates. Sourcewell contract details and reminders are included in these presentations. See attached examples of Burke's 2021 Catalog, Shade Systems Catalog, and current marketing materials used with similar contracts and promotions. Burke uses Facebook, Twitter, Linkedin, YouTube, Vimeo and a Blog to share pertinent information with followers that include both Representative and potential customers. Many of our Representatives share Burke posts and information with their followers to help spread the message even further. Burke also runs an email campaign, utilizes AdWords and Remarketing and participates in Facebook ads to assist in brand awareness and help promote its products. By linking existing clients with Burke, Sourcewell can provide customers better and additional resources by promoting this contract and partnership. In addition to the marketing efforts above in Question 32, Burke will pull our existing government customers from our databases and send targeted email blasts and direct mail postcards to these contacts. Our message will include not only the award of the contract, but can also include our past efforts and successes utilizing this contract and encourage them to take advantage of this opportunity. Because these contacts are existing customers, our Representative Firms and sales staff can also contact some of these clients directly, based on the relationship we have built and sustained in some of these markets to promote the benefits of utilizing Sourcewell for another project. Most business is conducted through location Representatives due to the complexity of playground projects. If awarded the Sourcewell Contract, Burke is open to replicating an ordering system similar to the GSA Advantage website for use by Sourcewell customers. Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. In your view, what is Sourcewell's role in promoting contracts arising out of this RFP? How will you integrate a Sourcewell-awarded contract into your sales process? Are your products or services available through an e-procurement ordering process? If so, describe your e-procurement system and how governmental and educational customers have used it. Table 8: Value-Added Attributes item Question Response * Bid Number: RFP 010521 Vendor Name: BCI Burke Company, LLC
DocuSign Envelope 1D: 317DF553-8B6C-427D-827 1-1A5E3F 944659 36 37 Describe any product, equipment, maintenance, or operator training programs that you offer to Sourcewell participating entities. Include details, such as whether training is standard or optional, who provides training, and any costs that apply. Describe any technological advances that your proposed products or services offer. Bid Number: RFP 010521 BCI Burke offers Installer Training done in conjunction with NPCAI to offer both NPCAI and Burke certifications. This is a two day training at a significantly reduced rate that includes lodging and meals. Installers will also receive a tour of Burke Headquarters. Installer Training is optional; installers do not need to be Burke or NPCAI Certified to install our equipment as long as the installation instructions are followed. Burke also offers product training, including Lunch & Learns for designers and staff. Topics include: * Proper Playground Maintenance * Play That Moves You — Making The Case for Play * Designing Play That Moves You * Burke Product Training * Creating Safer Play ~ NPPS Safety Supervision Burke offers a continuing education program to Parks and Recreation professionals, Landscape Architects and Architects where they can obtain CEU credits and help further their education. The program is offered as a self-paced online course through AEC Daily as well as in-person at conferences, symposiums or Lunch and Learns. The in-person training is provided by a certified trainer and includes leave behind study guides and references to help keep important information at their disposal. These three courses are developed with experts in the field and provide no-cost training options and offer the opportunity to learn about Inclusive Play, Outdoor Fitness and Obstacle Courses and Outdoor Musical Instruments. EZDesign Software Burke’s Designers utilize our proprietary EZDesign software, which is known to be the most advanced in the industry — features all applicable safety standards and ADA requirements built right into the design configurator. KoreKonnect Direct-Bolt System Nucleus and Voltage feature our Industry-leading KoreKonnect direct-bolt system resulting in the strongest and most accurate connection system ever. Factory located connection points make for easy, precise installation and an error-free fit. Best of all, KoreKonnect is covered for 100 years under our non-pro-rated Generations Warranty KoreKonnect clamp castings [Nucleus, Voltage] shall be cast aluminum heat-treated alloy A356-T6 with a tensile strength of at least 34,000 psi, yield strength of at least 24,000 psi, shear of 20,700 psi, and elongation of 3.50% minimum. Each casting shall clamp to the post with two connection bolts. Clamp casting shall encapsulate the component attached to * support surge loads, preventing surge loads being supported by only the hardware. Clamp shall be finished with a baked on powder coating. Color compounded, rotationally molded plastics You'll get long wear and bright, vibrant colors that hold up for years thanks to our thick, durable rotomolded plastics with UV-20 protection. Color compounding provides greater structure integrity for the life of rotationally molded products; the UV inhibitor is added during the production process and keeps these plastics from UV degradation and fading like that of products produced via a Dry-Blend process. Rotationally Molded Plastic Parts shall be manufactured from color compounded, linear, low- density polyethylene with an average of .250” wall thickness and textured non-sliding surfaces. Plastic parts shall be UV stabilized to UV-20 and shall have a density of 0.935 per ASTM D-1505. Plastic parts shall have a tensile strength at yield no less than 2800 psi with flexural modulus of 90,000 psi. Vendor Name: BCI Burke Company, LLC
DocuSign Envelope ID: 317DF553-8B6C-427D-8271-1A5E3F944659 We all share one earth, and at Burke we want to preserve our planet for future generations of children. We've implemented a variety of practices to help us help keep our shared world a better, greener place. Manufacturing: Being ISO 14001:2015 certified means we have strict environmental controls built into our manufacturing process. We get 100% of our energy from wind and other renewable resources. This helped us earn the Green Power Partner designation from the US Environmental Protection Agency — the only playground manufacturer to achieve this! Internally, we have a very comprehensive recycling program where we recycle the following: Describe any “green” initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. * Metal products, including stainless steel and copper/brass * Aluminum * Cardboard (separate dumpsters on site for this) * HDPE (High Density Polyethylene) * Wood pallets * Paper and aluminum cans and plastic bottles (bins at each person's desk for these) Additionally, we have an internal EMAP (Environmental Management Action Pian) to try to achieve 100% LED Lighting in the entire facility over a three year span starting in 2019. To date we are over 90% LED fixtures on our campus. In our powder coat system, we utilize phosphate-free chemicals in our cleaning processes, as well as enlist a third-party certified handler to manage any wastes from this process according to State and Federal regulations. We also utilize motion activated lights wherever feasible to reduce the amount of energy consumed in lighting, especially in warehouse and even restroom areas. Design: We design high-quality products with long life expectancies and quality components to extend the useable life of the play space. Many of our raw materials have recycled content, including our steel tubes and castings. In addition, many other Burke products are made from recycled material. For example, the NaturePlay® ClubHouse™ Board Panels and Roofs are made from 75% post-consumer material and are 100% recyclable after use. Offices: Our corporate office uses energy efficient LED lighting to help reduce energy use on a daily basis. We also use recycled paper to print our catalogs and created a digital catalog to decrease the amount of paper being used. We abide by the six R's: Reduce, Reuse, Recycle, Repair, Recover and Respect. Suppliers: To minimize transportation costs and fuel usage, we prefer to work with suppliers located near our manufacturing facility if at all possible. See attachment Green Initiative Burke has received the ISO 14001:2015 Certification by the NSF-international Strategic Registrations for Design and Manufacture of Playground Park and Recreation Equipment with the Design, Manufacture and Distribution of Specialized Parts. We get 100% of our energy from wind and other renewable resources. This helped us earn the Green Power Partner designation from the US Environmental Protection Agency — the only playground manufacturer to achieve this! See attachment Green Initiative Identify any third-party issued eco- labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life-cycle design (cradle-to-cradle), or other green/sustainability factors. Describe any Women or Minority Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business certifications that your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. BCI Burke is not eligible for WMBE or SBE accreditation, however many of our local Saies Representatives have obtained these accreditations. Bid Number: RFP 010521 Vendor Name: BCI Burke Company, LLC
DocuSign Envelope 1D: 317DF553-8B6C-427D-8271-1A5E3F 944659 What unique attributes does your Research company, your products, or your At Burke we believe great product design comes from great research, for example we services offer to Sourcewell continue to study how children play with our partner at University of Nebraska Omaha and participating entities? What makes [incorporate what we learn into our product and playground designs. Our product design your proposed solutions unique in jprocess includes a focus on how to enhance development and overall experience for children your industry as it applies to and adults of all abilities. Sourcewell participating entities? Design To design the best playgrounds that comply with necessary standards, Burke has proprietary software that has all of the controls built-in to ensure all safety standards are met. Fusing creativity into playspaces, we have landscape designers to design custom playspaces using panels and unique layouts to create a space that ignites imagination and brings communities together. Playground Grant Search and Fundraising Burke provides options and programs that can help you raise funds and search for grants to help fund your playground equipment. For your convenience, we've brought together information on our fundraising program, grant resources and purchasing cooperatives. And of course, we're always glad to discuss your playground equipment needs and help you find ways to get the playground your kids deserve. https:/Awww.bciburke.com/resources/playground- funding-resources Promotions and Grants Burke offers three to four promotions annually that we will share with Sourcewell participants. We also have a Burke in-kind grant program that customers can apply for if they meet the criteria. Bid Number: RFP 010521 Vendor Name: BCI Burke Company, LLC
DocuSign Envelope ID: 317DF553-886C-427D-827 1-1A5E3F944659 Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Do your warranties cover all products, parts, and Burke stands behind our products like no other playground manufacturer. It labor? starts with Burke Built® quality that is backed by the longest and strongest warranty in the industry — the Burke’s Generations Warranty®. We don't pro- rate your warranty and if a plastic play event needs replacement during the warranty period due to manufacturing defect, we'll replace it for free and give you a brand-new warranty on the part. Burke’s hand-crafted quality also means less maintenance is required, which keeps your operating costs low and your playground open for play. The Burke Generations Warranty is the longest and strongest in the industry and shows our commitment to creating spaces that will serve communities for years to come. Labor is not included in Burke's warranty. However, numerous Burke Representatives include a supplemental warranty for labor related to warrant repairs on Burke equipment. Each warranty claim is reviewed on a case by case basis to ensure the full scope of the claim is understood and documented. it is during this review that a decision is made on the cost of labor and if it is to be covered in relation to the claim. See Burke Warranty and Shade Systems Warranty attachments Our warranty is not prorated and replacement parts covered under that warranty will have their own appropriate, full-length warranty instead of being restricted to the balance of the original warranty period which is based on the date it was shipped by the manufacturer. Furthermore, all parts covered under Burke's warranty are shipped free of charge. Burke offers a Back-charge/Reimbursement form as needed (which includes mileage reimbursement) for when products are replaced. Every circumstance is handled individually by Customer Service staff and/or Plant Manager. Burke has Authorized Representatives across the US and Canada that are able to assist with locating qualified installers for removal or replacement of — parts. If there is a territory unrepresented by a Burke Dealer, Burke Corporate will locate a qualified organization to assist with product removal or installation. Many of Burke parts can be simply replaced without needing to rely on outside contractors or installers. Burke does not cover warranty service for parts made by other manufacturers. Burke also takes great care in making sure we do not mix and match our parts with other manufacturers on the same piece of play equipment. Installers will, in most cases, work with whatever equipment is on site, even if it is multiple suppliers, however warranty service should be directed to the original manufacturer if at all possible. If products are returned to Burke due to an error in ordering or the customer has changed their mind on something, parts that can go directly into stock with no additional work are simply put into stock and the customer is credited for those parts. Parts that need additional processing or re-powder coating are assessed a 25% re-stocking charge. If parts are not able to be used (as determined by the Quality Manager) and have to be scrapped, the customer will not receive credit for those items. Burke does not provide service contract options. Line 2 Do your warranties impose usage restrictions or other limitations that adversely affect coverage? Do your warranties cover the expense of technicians’ travel time and mileage to perform warranty repairs? Are there any geographic regions of the United States or Canada (as applicable) for which you cannot provide a certified technician to perform warranty repairs? How will Sourcewell participating entities in these regions be provided service for warranty repair? Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? 5 7 What are your proposed exchange and retum programs and policies? 4 8 Describe any service contract options for the items included in your proposal. Bid Number: RFP 010521 Vendor Name: BCI Burke Company, LLC
DocuSign Envelope ID: 317DF553-8B6C-427D-827 1-1A5E3F 944659 Table 10: Payment Terms and Financing Options Line * What are your payment terms (e.g., net 10, net 30)? There are no credit requirements for governmental entities purchasing with BCI Burke. All governmental entities are granted net 30 day terms. Describe any leasing or financing options available for use |To assist with financing, Burke partners with NewLane Finance to by educational or governmental entities. offer a payment plan for approved customers. See NewLane Finance attachment Briefly describe your proposed order process. Include The Burke Representative will receive a signed quotation or purchase enough detail to support your ability to report quarterly order from the Sourcewell customer. The Representative will utilize sales to Sourcewell as described in the Contract template. |Burke’s internet based ordering system which is available for use by For example, indicate whether your dealer network is Authorized Representatives only. The system is entirely self- included in your response and whether each dealer (or developed and self-managed by our in-house IT and Order Entry some other entity) will process the Sourcewell participating |Departments. Once the order is placed, our Order Entry Department entities’ purchase orders. will process the order internally. The order is carefully reviewed by the Order Entry and Design Departments to ensure the order matches the customer's purchase order including equipment, color, price, requested delivery date, shipping location and any other information pertinent to the order. The Burke Representative will invoice the customer once the order has shipped. All Sourcewell orders will be flagged as such in Burke’s system so that Burke’s Accounting Department is able to easily identify the Sourcewell orders and generate quarterly reports which accurately reflect Sourcewell order totals. Do you accept the P-card procurement and payment Burke is currently not set up to accept P-card payments. If awarded process? If so, is there any additional cost to Sourcewell the Sourcewell contract, Burke will carefully consider adding this participating entities for using this process? capability. Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Response * All contract pricing is determined using product category discounts. Information relating to Burke equipment, Burke Turf, Burke Tiles, Shade and installation is provided in the Burke 2021 Price List attachment which includes Burke Equipment & Surfacing Pricing, Burke Equipment Installation Rates, and Shade Structures Pricing. Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data {including standard or fist pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response. Bid Number: RFP 010521 Vendor Name: BCI Burke Company, LLC
DocuSign Envelope ID: 317DF553-8B6C-427D-827 1-1ASE3F944659 Burke will offer discounts off of list price for each product category as follows: * 7% Discount off of published list prices: o Burke Playground Equipment o Sports & Recreation Equipment o Site Amenities o Borders Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. * 5% Discount off of published list prices o Burke Turf o Burke Tiles 3.5% Discount for shade products * Burke Equipment Installation o Not to exceed rates based on List Price of proposed equipment. See attached chart which provides the rates for each state. * Burke Tile installation Rates o A per tile rate based on location of project. See attached chart which provides the rates for each state. « Freight o Due to fluctuations in freight rates and the varying size and shape of playground equipment, freight is determined on a per project basis. Freight will be invoiced to NUPA customers at Burke’s cost. The freight charge will be clearly noted on the quote provided by Burke. All pricing information relating to Burke equipment, Burke Turf, Burke Tiles and installation is provided in the Burke 2021 Price List attachment | any quantity or volume discounts or rebate Burke will offer the following volume discounts on Burke Playground 59 programs that you offer. Equipment, Sports & Recreation Equipment, Site Amenities and borders: List Price Range Discount off of list price $1-$49,999 Standard proposed discount of 7% off of list price $50,000-$99,999 10% Discount off of list price $100,000 and above 15% Discount off of list price Burke offers promotions throughout the year which will provide additional customer discounts. These promotional prices will be offered to Sourcewell customers and quoted accordingly. We will encourage Sourcewell customers to utilize these deep discounts when they are available. Please note that volume pricing does not apply to surfacing or installation. Sourcewell customers are able to purchase non-Burke contracted products and services by utilizing the “open market" clause in the Sourcewell contract. Our Representative firms distribute a wide variety of ancillary products including water play, bleachers, park shelters, non-Burke surfacing (PIP, EWF etc.) offering a full turn-key solution for Sourcewell customers. Burke will provide line item quotations for these “open market” items on the Sourcewell quote, and will clearly indicate that these are “open market” goods and/or services. The Sourcewell customer will be required to sign the quotation, which is an indication that they agree to the products and services as quoted. All costs for the project will be indicated as a line item on the customer's quotation. Installation will be charged per the Equipment Installation Rate sheet included in the pricing section. These charges are “do not exceed” rates and do not apply to prevailing wage projects. Please see the Equipment Installation Rate sheet for more information. The customer will be notified of any additional charges that may apply to custom equipment, surface mount or coastal paint options. Due to fluctuating fuel prices, freight rates are quoted on a per project basis, and are valid for 30 days from the quote date. The freight charge will be clearly indicated on the quote provided by Burke and will be quoted at Burke’s cost. Specifically describe freight, shipping, and delivery terms or Burke will use transportation brokers to source out the most cost programs available for Alaska, Hawaii, Canada, or any effective freight rate to ship to Alaska, Hawali and Canada. The offshore delivery. freight charges will be clearly noted on the quote provided by Burke. Propose a method of facilitating “sourced” products or telated services, which may be referred to as “open market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a percentage,” or you may supply a quote for each such request. Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program. Bid Number: RFP 010521 Vendor Name: BCI Burke Company, LLC
DocuSign Envelope ID: 317DF553-8B6C-427D-827 1-1A5E3F944659 Because Burke quotes out each project individually, we are able to accommodate special delivery requests (lift gate, residential delivery, and timekeeper) for an additional cost which will be reflected on the quotation Describe any unique distribution and/or delivery methods or options offered in your proposal. Table 12: Pricing Offered b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. Specifically describe any self-audit process or program that you As mentioned in the answer to question 51, each Sourcewell plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the customer order is carefully audited by our Accounting Department, Design Department and Sales Department to ensure everything is to the customer's specifications and according to the terms and conditions of the Sourcewell contract. Burke works very closely with our Representatives and customers to ensure total customer satisfaction throughout the entire process. Burke is pleased to offer an administrative fee of 2% of the of the customer price of all products and services invoiced/soid under the Sourcewell contract. This fee will be reported and paid to Sourcewell on a quarterly basis. The sale will be reported and the fee paid once full payment is received from the Sourcewell customer. Burke agrees not to up-charge or offset the administrative fees to Sourcewell Members. Vendor remits the proper administrative fee to Sourcewell. Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) Table 14A: Depth and Breadth of Offered Equipment Products and Services Provide a detailed description of the Playground Equipment equipment, products, and services that you Sports & Recreation Equipment are offering in your proposal. Site Amenities Shade Burke Turf and Burke Tiles Surfacing, including plastic borders Installation of Burke Equipment Installation of Burke Turf & Burke Tiles Delivery of all products Sourcewell customers will also be able to purchase non-Burke contracted products and services by utilizing the “open market” clause in the contract. Our Representative firms sell a wide variety of products including water play, bleachers, shelters, surfacing (PIP, EWF etc.), offering a full turn-key solution for your park or school. See attachments: Burke 2021 Catalog Shade Systems Catalog Burke does not have any products or services that have subcategories. Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. Bid Number: RFP 010521 Vendor Name: BCI Burke Company, LLC
DocuSign Envelope ID: 317DF553-8B6C-427D-8271-1A5E3F944659 Table 14B: Depth and Breadth of Offered Equipment Products and Services indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line tem |Category or Type Comments Playground equipment, site furnishings, site @ Yes N/A amenities, and accessories. No a play and aquatic recreational structures and | Yes These products are available for equipment. @ No purchase via open market designation through our local Representative Firms Burke offers Burke Turf and Burke Tile pricing as line items on the contract. Additional surfacing options are available as open market items through our Authorized Representatives. Services related to the solutions above. @ Yes N/A c No G@ Yes f No Playground surfacing and fall protection, and water play and aquatic recreational surfacing. Bid Number: RFP 010521 Vendor Name: BCI Burke Company, LLC
DocuSign Envelope ID: 317DF553-8B6C-427D-8271-1A5E3F 944659 Table 15: Industry Specific Questions Line . . 0 If you are awarded a contract, provide a If we are awarded the contract we will monitor our progress and success by few examples of internal metrics that will measuring activity and revenue generation. The best metrics to capture this are be tracked to measure whether you are tracking the project dollars quoted using the contract and the order dollars placed having success with the contract. using the contract. We can track this by Representative firm and by territory to understand where we are being successful and develop targeted efforts for areas we want to improve. At Burke, we design and test our products to all applicable safety standards. We are participants in the international Play Equipment Manufacturer's Association (IPEMA) certification program, and our facility and processes are audited by IPEMA and their third-party verifier to participate in the program and maintain certified products. Burke's Engineering and Product Design Manager, Scott Liebelt, is a director on the IPEMA Board of Directors. He attends ASTM and IPEMA meetings to participate in writing, revising, and interpreting the IPEMA procedures and ASTM-1487 standard, which is the consumer safety performance specification for playground equipment for public use. We have six Burke employees from a variety of departments that are Certified Playground Safety Inspectors (CPSI) through the National Recreation and Park Association (NRPA). The design of our playspaces also promotes safety, well- being and accessibility by focusing on not just access but Universal Design. This means designing spaces to be useable for everyone in the community, regardless of ability, level of concentration or age. Not only do we provide a variety of play events that are designed with these principles, but the overall play environment design has the Universal Design lens with play variety and equity as important considerations. In order to create spaces for the well-being and development of all people, we need to design them with engagement, excitement, socialization and community for everyone. Customizable playspaces can set your playground apart and create an imaginative play experience like no other! Your Burke Representative and our creative Design Team will help you bring your play environment to life and create a space that's as unique as your community with anything from custom vehicles, play panels, photo opportunity panels, storefronts, post toppers, counters, NaturePlay, ClubHouses, barns, airplanes and more! Our Design Team has backgrounds in design, animation, landscape architecture and art and uses their creativity and experience to design a play environment that fosters pretend play and helps children develop friendships and enhance their imaginative skills. * ISO 9001:2015 Certification * ISO 14001:2015 Certification * Founding and active member of the International Play Equipment Manufacturer's Association (IPEMA). In fact Burke’s Engineering and Product Manager, Scott Liebelt, is a director on the IPEMA Board of Directors. He attends ASTM and IPEMA meetings to participate in writing, revising, and interpreting the IPEMA procedures and ASTM-1487 standard, which is the consumer safety performance specification for playground equipment for public use. * Accredited [PEMA Certification facility * Alliant Energy's Second Nature™ Program * Partner with US Environmental Protection Agency Green Power Program * Partner with the National Program for Playground Safety (NPPS) and only playground manufacturer to give a free NPPS Playground Supervision Safety Kit with every modular piay structure order! * Currently, six Burke employees are certified through the National Recreation and Park Association (NRPA) as Certified Playground Inspectors Describe how your offering addresses the needs of user's safety, well-being, and range or level of accessibility? 1 2 7 7 7. Describe how your offering addresses the user's desire to customize the offering (e.g. themes, etc.). 73 Identify any certification(s) that your business or the products included in your proposal have attained or received. Table 16: Exceptions to Terms, Conditions, or Specifications Form Line Item 74. NOTICE: To identify any exception, or to request any modification, to the Sourcewell tempiate Contract terms, conditions, or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract. Exception or Proposed Modification Contract Section | Term, Condition, or Specification Bid Number: RFP 010521 Vendor Name: BCI Burke Company, LLC
DocuSign Envelope ID: 317DF553-8B6C-427D-8271-1A5E3F 944659 Proposer's Affidavit PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE | certify that | am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. 10. 11. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. . The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a “trade secret," and thus nonpublic data under Minnesota's Data Practices Act. Proposer its employees, agents, and subcontractors are not: a. Included on the “Specially Designated Nationals and Blocked Persons’ list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: httos:/Awww.treasury.gov/ofac/downloads/sdnlist.pdf; b. Included on the government-wide exclusions lists in the United States System for Award Management found at: Al .gov/SAM/; or c. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 010521 Vendor Name: BCI Burke Company, LLC
DocuSign Envelope ID: 317DF553-8B6C-427D-8271-1A5E3F944659 by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. f By checking this box | acknowledge that | am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if | had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Jessica Westphal, Sales Support Coordinator, BC] Burke Company, LLC The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. c Yes «¢ No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. | have reviewed the below addendum and File Name attachments (if Pages applicable) Addendum 6_Playground_Water_Play_Equipment_RFP_010521 vr 1 Tue December 22 2020 03:29 PM Addendum 5_Playground_Water_Play_Equipment_RFP_010521 rd 1 Fri December 18 2020 04:15 PM Addendum 4_Playground_Water_Play_Equipment_RFP_010521 " 1 Mon December 7 2020 07:55 AM Addendum 3_Playground_Water_Play_Equipment_RFP_010521 ir 1 Thu November 19 2020 08:52 AM Addendum 2_Playground_Water_Play_Equipment_RFP_010521 ¥ 2 Fri November 13 2020 09:09 AM Addendum 1_Playground_Water_Play_Equipment_RFP_010521 a 2 Thu November 12 2020 10:53 AM Bid Number: RFP 010521 Vendor Name: BCI Burke Company, LLC
DocuSign Envelope ID: FFAB8273-E00E-45B9-9904-E2FBEA635A02 AMENDMENT #1 TO CONTRACT #010521-BCI THIS AMENDMENT is by and between Sourcewell and BCI Burke Company, LLC (Vendor). Vendor was awarded a Sourcewell Contract for Playground and Water Play Equipment with Related Accessories and Services effective February 15, 2021, through February 17, 2025, relating to the provision of services by Vendor to Sourcewell and its Members (Original Agreement). The parties agree that certain terms within the Original Agreement will be updated and amended and only to the extent as hereunder provided. IN CONSIDERATION OF the mutual covenants and agreements described in this Amendment, the parties agree as follows: 1. This Amendment is effective upon the date of the last signature below. 2. Table 13: Audit and Administrative Fee—Line ftem Question 63 of the Proposal is deleted in its entirety and replaced with the following new language: RESPONSE: Burke is pleased to offer an administrative fee of 2% of the customer price of all products and services, excluding freight and bond charges, invoiced/sold under the Sourcewell contract. This fee will be reported and paid to Sourcewell on a quarterly basis. The sale will be reported, and the fee paid once full payment is received from the Sourcewell customer. Burke agrees not to up-charge or offset the administrative fees to Sourcewell Members. Page Tof2
DocuSign Envelope ID: FFAB8273-E00E-45B9-9904-E2FBEA635A02 Except as amended by this Amendment, the Original Agreement remains in full force and effect. Sourcewell BCI Burke Company, LLC DocuSigned by: ~ DocuSigned by: By: | Jeremy Schwert _ By: | Marianne Garon Author ero eee Author re: Jeremy Schwartz . ee Marianne Larson Name ~— Printed Name — Printed ; ; Sales Support Manager Title: Director of Operations & Procurement/CPO Title: 3/10/2021 | 5:29 PM CST 3/10/2021 | 2:23 PM PST Date: Date: Sourcewell-APPROVED: BocuSigned by: Author zeorRigaire Chad Coauette Name ~ Printed Title: Executive Director/CEO 3/10/2021 | 5:47 PM CST Date: Page 2 of 2
DocuSign Envelope ID: 8F5A91CB-8A14-47EC-88A9-81F81BFC4478 AMENDIMENT #2 TO CONTRACT # 010521-BCI THIS AMENDMENT is by and between Sourcewell and BCI Burke Company, LLC (Vendor). Sourcewell awarded Vendor a contract for Playground and Water Play Equipment with Related Accessories and Services effective February 15, 2021, through February 17, 2025, relating to the provision of services by Vendor to Sourcewell and its Members (Original Agreement). The parties agree that certain terms within the Original Agreement will be amended and only to the extent as hereunder provided. IN CONSIDERATION OF the mutual covenants and agreements described in this Amendment, the parties agree as follows: 1. This Amendment is effective upon the date of the last signature below. 2. Section 18. Insurance, Subsection A. Requirements, item 5 Professional/Technical Errors and Omissions of the Original Agreement is deleted in its entirety. Except as amended by this Amendment, the Original Agreement remains in full force and effect. Sourcewell BCI Burke Company, LLC DocuSigned by: DocuSigned by: By: | Juremy Swart py: | Dow, Pietrowsei Jeremy ro St Pe sqnoedse... Doug PCuAS TREN scene ; CFO Title: Director of Operations & Procurement/CPO Title: Date: 3/18/2021 | 4:23 PM CDT Date: 3/18/2021 | 2:11 PM PDT Sourcewell-APPROVED: DocuSigned by: By: | (had Coombe Cha a C 7E42BBF 817AG4CC... NF nth Ae Tae Be Title: Executive Director/CEO 3/18/2021 | 4:25 PM CDT Date: Page lofi
DocuSign Envelope ID: 16CC7607-E02A-435B-92AC-C45824466FD3 AMENDMENT #3 TO CONTRACT # 010521-BCi THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and BCI Burke Company, LLC (Vendor). Sourcewell awarded Vendor a contract for Playground and Water Play Equipment with Related Accessories and Services effective February 15, 2021, through February 17, 2025, relating ta the provision of services by Vendor to Sourcewell and its Members (Original Agreement). The parties agree that certain terms within the Original Agreement will be amended and only to the extent as hereunder provided, IN CONSIDERATION OF the mutual covenants and agreements described in this Amendment, the parties agree as follows: The response to question 49 in Table 10 of the Proposal is clarified to read: "Payment for equipment items will be due within 30 days after the products ship. Service-related items will typically be invoiced at completion of the project and will be due within 30 days of the invoice date. Larger projects may require progress payments, in which case, these terms will be clearly noted on the customer quotation.” Except as amended by this Amendment, the Original Agreement remains in full force and effect. Sourcewell BCI Burke Camnanv. LLC DocuSigned by: DocuSigned by: Jeremy Sduvartey | Mariauur [arson By: Jaren 5 Cad nie 8 — F7548BD286B34BE... nmnannan Jeremy Schwartz Marianne Larson Title: Contracts & Sales Admin Mgr _5/12/2023 | 12:26 PM PDT Date: Sourcewell-APPROVED: uSigned by: Chad Coauthe _ By: TE4Z2BEF817A64CC. Chad Coauette Title: Executive Director/CEO Date: 5/12/2023 | 8:24 PM CDT Page 1lofi
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Kerry Kemp, Recreation Director and Megan Otter, Assistant Development Director RE: Ordinance for Bohlken Park Playground DATE: May 19, 2025 The Administration of the City of Fairview Park (“City”) requests passage of the following Ordinance on three readings with emergency enactment: AN ORDINANCE AUTHORIZING THE INSTALLATION OF A NEW PLAYGROUND AT BOHLKEN PARK BY SNIDER RECREATION INC THROUGH COOPERATIVE PROCUREMENT, SOURCEWELL, AND A GRANT TOTALING THREE HUNDRED NINETY THOUSAND DOLLARS ($390,000.00) AND DECLARING AN EMERGENCY The reasons for this request include but are not limited to: • Bohlken Park is seen by many as Fairview Park’s destination park. On average, there are nearly 76,000 visits per year by nearly 33,000 unique visitors to Bohlken Park. The average visit lasts 95 minutes. • The existing playground equipment was originally installed in 1997. Other than being outdated, there are many signs of wear and tear that have taken place over nearly 30 years. • The money for this project was approved and budgeted for as a 2025 capital improvement project. • The price of the new playground is three hundred ninety thousand dollars ($390,000.00) with three hundred forty thousand dollars ($340,000.00) paid from the Recreation Fund (Fund 230) and fifty thousand ($50,000.00) paid from Cuyahoga County’s Supplemental Grant (CDSG). • The existing footprint of the Bohlken Park playground will be increased to allow for more play features. The quote and a rendering of the new playground is included as Exhibit A. For the purchase of the playground equipment, the City will use a cooperative procurement solution available to government entities called Sourcewell (Exhibit B). Thank you for considering this legislation cc: A. Steve Dever, Law Director Liz Westbrooks, Clerk of Council Jennifer Pae, Finance Director/HR Manager
Ordinance 25-33 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO. 25-33 ORIGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN KING CO-SPONSORED BY: COUNCILMAN MINEK AN ORDINANCE SUPPORTING AND AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE OHIO DEPARTMENT OF NATURAL RESOURCES FOR ROUND THIRTY-ONE OF THE NATUREWORKS GRANT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE FOR THE BAIN PARK TODDLER PLAYGROUND IMPROVEMENT PROJECT AND AUTHORIZING THE MAYOR TO ACCEPT ANY AWARDED GRANT FUNDS AND FILE ALL DOCUMENTS AND EXECUTE ALL AGREEMENTS NECESSARY TO RECEIVE AND ADMINISTER ANY AWARDED GRANT FUNDS AND DECLARING AN EMERGENCY WHEREAS, through the Ohio Department of Natural Resources (“ODNR”), the State of Ohio administers financial assistance for public recreational purposes through the NatureWorks grant program (“Program”); and WHEREAS, the City of Fairview Park (“City”) is seeking financial assistance through round thirty-one (31) of the Program for the purpose of the Bain Park Toddler Playground Improvement Project; and WHEREAS, legislation supporting and authorizing the application must be submitted with the application for the June 1, 2025 grant application deadline with the approved ordinance submitted by July 1, 2025; and WHEREAS, the Program provides seventy-five percent (75%) reimbursement for eligible project costs in an amount not to exceed two hundred forty-four thousand six hundred ninety-six dollars ($244,696.00) requiring the applicant to first expend funds and then request reimbursement from ODNR; and WHEREAS, the City is required to provide a twenty-five (25%) percent local funding match. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That the City Administration is hereby authorized and directed to execute and file an application with ODNR and to provide all information and documentation required to become eligible for possible funding assistance.
Ordinance 25-33 | Page 2 SECTION 2. That the City agrees to obligate the matching funds required to satisfactorily complete the proposed project from the Recreation Fund (Fund 230) and/or the Permanent Improvement Fund (Fund 260) and become eligible for reimbursement under the terms of the Program. SECTION 3. That the Mayor and City Administration are authorized to file all documents and execute all agreements necessary to accept the award and receive and administer any grant funds; and that the funds are appropriated solely for purposes described in this Ordinance. SECTION 4. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 5. That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of public peace, health, safety and welfare; and for further reason that authorizing legislation must be submitted by the June 1, 2025 grant application deadline; and provided it receives an affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 05.19.25 APPROVED: 2nd reading: 06.02.25 3rd reading: ___________________________________ Michael P. Kilbane, President of Council ___________________________________ Bill Schneider, Mayor ___________________________________ Liz L. Westbrooks, Clerk of Council
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Mayor Bill Schneider ORGINATED BY: Megan Otter, Assistant Development Director RE: 2025 NatureWorks Application Ordinance DATE: May 19, 2025 The Administration of the City of Fairview Park (“City”) is requesting the passage of the following Ordinance after three readings with emergency enactment. AN ORDINANCE SUPPORTING AND AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE OHIO DEPARTMENT OF NATURAL RESOURCES FOR ROUND THIRTY-ONE OF THE NATUREWORKS GRANT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE FOR THE BAIN PARK TODDLER PLAYGROUND IMPROVEMENT PROJECT AND AUTHORIZING THE MAYOR TO ACCEPT ANY AWARDED GRANT FUNDS AND FILE ALL DOCUMENTS AND EXECUTE ALL AGREEMENTS NECESSARY TO RECEIVE AND ADMINISTER ANY AWARDED GRANT FUNDS AND DECLARING AN EMERGENCY The City Administration intends to apply for round thirty-one (31) of the NatureWorks Program for the purpose of improving the toddler playground at Bain Park. The Bain Park Toddler Playground Improvement Project (“Project”) will include new playground equipment and new playground flooring. The City is seeking quotes for the project. The NatureWorks Program provides seventy-five percent (75%) reimbursement for eligible projects in an amount not to exceed two hundred forty-four thousand six hundred ninety-six dollars ($244,696.00). The City of Fairview Park (“City”) is required to provide a twenty-five (25%) percent local funding match. The City will be seeking additional grant funds and a new sponsorship program that will go towards the City’s local funding match and will also offset any additional cost of the project.
Applications for the 2025 NatureWorks are due to the Ohio Department of Natural Resources (“ODNR”) by June 1, 2025. The Administration respectfully requests passage of this Ordinance on emergency to allow for the submission of supportive legislation to ODNR by the deadline of July 1, 2025 and to continue advancing outdoor recreation and connectivity in the City. cc: A. Steven Dever, Law Director Kerry Kemp, Recreation Director Liz Westbrooks, Clerk of Council Jennifer Pae, Finance Director/HR Manager
Ordinance 25-34 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25-34 REQUESTED BY: ANTHONY RAFFIN, FIRE CHIEF SPONSORED BY: COUNCILWOMAN KING AN ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE TWO LIFEPAK 35 DEFIBRILLATORS FOR THE FIRE DEPARTMENT AND DECLARING AN EMERGENCY WHEREAS, the Fairview Park Fire Department (“Department”) needs to replace the two (2) Lifepak defibrillators used in the Department’s ambulance units due to the age of the current defibrillators. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. The Mayor is hereby authorized to enter into an agreement for the purchase of two (2) Lifepak 35 defibrillators for the Fire Department from Stryker. (Exhibit A) SECTION 2. The ninety-five thousand two hundred fifty-two dollars and seventy-five cents ($95,252.75) initial cost of the defibrillators will be paid from the EMS Services Collection Fund (Fund 781) with sixty-three thousand five hundred two dollars ($63,502.00) of the cost to be reimbursed through a grant provided by the Community West Foundation/Straight from the Heart. The final cost to the City of Fairview Park for the defibrillators is thirty-one thousand seven hundred fifty dollars and seventy-five cents ($31,750.75). SECTION 3. The new defibrillators will be replacing two (2) ten-year-old defibrillators. The new defibrillators are equipped with advanced technology which will help to provide the best medical care for all those who use the ambulance service provided by the Fire Department. SECTION 4. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of public peace, health, safety and welfare; and provided it receives an affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise from and after the earliest period allowed by law.
Ordinance 25-34 | Page 2 PASSED: 1st reading: 05.19.25 APPROVED: 2nd reading: 3rd reading: __________________________________________ Michael P. Kilbane, President of Council __________________________________________ Bill Schneider, Mayor __________________________________________ Liz L. Westbrooks, Clerk of Council
stryker LIFEPAK 35 Version: Prepared For: Quote Number: 11063850 Remit to: 1 FAIRVIEW PARK FIRE DEPT Rep: Attn: Email: Phone Number: 03/07/2025 Quote Date: Expiration Date: 06/05/2025 Contract Start: 02/06/2025 Exhibit A Stryker Sales, LLC 21343 NETWORK PLACE CHICAGO IL 60673-1213 USA Brandon Bucher brandon.bucher@stryker.com +1 4409076024 Contract End: 02/05/2026 Delivery Address Sold To - Shipping Bill-To Account Name: FAIRVIEW PARK FIRE DEPT Name: FAIRVIEW PARK FIRE DEPT Name: "FAIRVIEW PARK FIRE DEPT Account * 20038868 Account 7 20038868 -, Account #: 20038868 Address: Attn: orm mone no ce “FAIRVIEW PARK ‘Ohio 44126-2018 : “er wrens ce neva pentane Equipment Products: FAIRVIEW PARK Ohio 44126-2018 a . Address: 20777 LORAIN RD a Address: 20777 LORAIN RO _ FAIRVIEW PARK "Ohio 4at 26-2018 1.0 9.0 10.0 70335-000042 41335-00001 aan 7 11140-00131 a . LNCS-HI Reusable rainbow B-wavelength Adult Sensor ; RD SET Disposable Sensor, Pediatre (200%) a e000 ae ce ren. 000 oe 11160-000021 ~ 44996-000519 41171-000061 11160-00017. 11260-000073 11335-00008 11335-000005 11111-000044 LP36, EN- US, MAS- SPICO, MED- C02, SUN-NIBP.12L, WIFI CELLILNICPRIN, STD,BT LIFEPAK FLEX Lthium-ton Battery _ De LIFEPAK FLEX Battery Charger AC Power Cord (North America, hospital grade) Reusable Cuff, Infant, 6-14.cm ~ Reusable Ct Cuff, , Pediatic, 1 43-20 om Oo : Reusable Ct Cutt ‘Smal, ‘Adult, 18-26 em _ Reusable Cuff, Large, Adult 32. “42 ¢ em ee "Shoulder sap eae so meni scans oo LIFEPAK 35: Storage Bag it : LIFEPAK Printer Kit LIFEPAK Sewire extended precordial ECG cable 2 . $45,232.00 $90,464.00 re 4 ($2,100.00 7 "$2,100.00 ere “so ne “sears0 oe ss se $346.50 =————s«$ 693.00 acne cain oe a So ee ~ egg pa SS gg 20 $52.50 $105.00 oi a ~ yuo a0 1 ——«&$2,foo.o0 $2,100.00 ko $84.00 a _-$168.00 1 Stryker Medical - Accounts Receivable - accountsreceivable@strvker.com - PO BOX 93308 - Chicago, IL 60673-3308
stryker LIFEPAK 35 Quote Nurnber: 41063850 Remit to: Stryker Sales, LLC 21343 NETWORK PLACE CHICAGO IL 60673-1213 USA Version: 1 Prepared For: FAIRVIEW PARK FIRE DEPT Rep: Brandon Bucher Attn: Email: brandon.bucher@stryker.com Phone Number: +1 4409076024 Quote Date: 03/07/2025 Expiration Date: 06/05/2025 Contract Start: 02/06/2025 Contract End: 02/05/2026 Trade In Credit: TR-LP15V2-LP35 TRADE IN LP15 V2 FOR LP35 2 ~$3,500.00 -$7,000.00 15.0 11150-000020 LIFEPAK Cellular Modem, North America o 7 ; 2 $1,050.00 $2,100.00 Optional Products (Not Incl. in Total): Price Totals: Estimated Sales Tax (0.000%): =‘ $0.00 Freight/Shipping: = sé 74S GrandTotal: = sts*~*«éS$;9S 2D. Comments: 2025 PRICING SCHEDULE APPLIED, Prices: In effect for 30 days Terms: Net 30 Days 2 Stryker Medical - Accounts Receivable - accountsreceivable@stryker.com - PO BOX 93308 - Chicago, IL 60673-3308
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Tony Raffin, Fire Chief RE: Authorization for the Purchase of a Defibrillators DATE: May 19, 2025 The Fire Chief of the City of Fairview Park (“City”) requests passage of the following Ordinance after two readings with emergency enactment: AN ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE TWO LIFEPAK 35 DEFIBRILLATORS FOR THE FIRE DEPARTMENT AND DECLARING AN EMERGENCY The Fairview Park Fire Department needs to replace the two (2) ten-year-old Lifepak defibrillators due to age. The defibrillators are used in the ambulance units. The two (2) new Lifepak 35 defibrillators from Stryker have the current technology and will help to provide the best medical care for people who are served by the ambulance service provided by the Fire Department. The initial cost to the City of Fairview Park (“City”) of the Lifepak 35 defibrillators is ninety-five thousand two hundred fifty-two dollars and seventy-five cents ($95,252,75) which includes a trade in discount of seven thousand dollars ($7,000.00) for the two (2) defibrillators and two thousand one hundred dollars ($2,100.00) for the two (2) cellular modems being replaced. (Exhibit A) The ninety-five thousand two hundred fifty-two dollars and seventy-five cents ($95,252.75) initial cost of the defibrillators will be paid from the EMS Services Collection Fund (Fund 781) with sixty-three thousand five hundred two dollars ($63,502.00) of the cost to be reimbursed through a grant provided by the Community West Foundation/Straight from the Heart. The final cost to the City for the defibrillators is thirty-one thousand seven hundred fifty dollars and seventy-five cents ($31,750.75). Because of the Community West Foundation/Straight from the Heart grant timeline, the Administration asked for passage of the Ordinance on second reading on June 2, 2025 Cc: Mayor Bill Schneider Jennifer Pae, Finance Director/HR Manager Liz L. Westbrooks, Clerk of Council
Ordinance 25-35 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25-35 REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN KING and COUNCILMAN MINEK AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOT TO EXCEEED $3,000,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING COSTS OF IMPROVING THE CITY’S SANITARY SEWERAGE SYSTEM BY CONSTRUCTING AND IMPROVING SANITARY AND STORM SEWERS AND RELATED SANITARY AND DRAINAGE FACILITIES, AND DECLARING AN EMERGENCY. WHEREAS, the Director of Finance, as fiscal officer of the City, has certified to this Council that the estimated life or period of usefulness of the improvement described in Section 1 is at least five years, the estimated maximum maturity of the Bonds described in Section 1 is 40 years and the maximum maturity of the Notes described in Section 3, to be issued in anticipation of the Bonds, is 240 months from their date of issuance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, CUYAHOGA COUNTY, STATE OF OHIO, THAT: Section 1. Authorized Principal Amount of Anticipated Bonds and Purpose. It is necessary to issue bonds of the City in an aggregate principal amount not to exceed $3,000,000 (the Bonds) for the purpose of paying costs of improving the City’s sanitary sewerage system by constructing and improving sanitary and storm sewers and related sanitary and drainage facilities, together with all necessary appurtenances thereto, and otherwise improving that system. Section 2. Estimated Bond Terms. The Bonds shall be dated approximately November 1, 2026, shall bear interest at the now estimated rate of 6% per year, payable semiannually until the principal amount is paid, and are estimated to mature in 20 annual principal installments on December 1 of each year that are in such amounts that the total principal and interest payments on the Bonds in any fiscal year in which principal is payable are substantially equal. The first interest payment on the Bonds is estimated to be June 1, 2027, and the first principal payment on the Bonds is estimated to be December 1, 2027. Section 3. Authorized Principal Amount of Notes; Dating; Interest Rate. It is necessary to issue and this Council determines that notes in an aggregate principal amount not to exceed $3,000,000 (the Notes) shall be issued in anticipation of the issuance of the Bonds. The Notes shall be dated the date of issuance and shall mature one year from the date of issuance; provided that the Director of Finance may, if it is determined to be necessary or advisable to the sale of the Notes, establish a maturity date that is any date not later than one year from the date of issuance by setting forth that maturity date in the certificate awarding the Notes and signed in accordance with Section 6 (the Certificate of Award). The Notes shall bear interest at a rate not to exceed 7% per year (computed on the basis of a 360-day year consisting of 12 30-day months), payable at maturity or at any date of earlier prepayment as provided for in Section 4 and until the principal amount is paid or payment is provided for. The aggregate principal amount of and rate of interest on the Notes shall be determined by the Director of Finance in the Certificate of Award. Section 4. Payment of Debt Charges; Paying Agent; Prepayment. The debt charges on the Notes shall be payable in lawful money of the United States of America or in Federal Reserve funds of the United States of America, as determined by the Director of Finance in the Certificate of Award, and shall be payable, without deduction for services of the City’s paying agent, at the designated corporate trust office of The Huntington National Bank or at the designated corporate trust
Ordinance 25-35 | Page 2 office or other office of a bank or trust company designated by the Director of Finance in the Certificate of Award, after determining that the payment at that bank or trust company will not endanger the funds or securities of the City and that proper procedures and safeguards are available for that purpose, or at the office of the Director of Finance if agreed to by the Director of Finance and the Original Purchaser (as defined in Section 6) (the Paying Agent). If agreed to by the Original Purchaser, the Notes shall be prepayable without penalty or premium at the option of the City prior to maturity (the Prepayment Date) as provided in this Ordinance and the Certificate of Award. Prepayment prior to maturity shall be made by deposit with the Paying Agent of the principal amount of the Notes together with interest accrued thereon to the Prepayment Date. The City’s right of prepayment shall be exercised by mailing a notice of prepayment, stating the Prepayment Date and the name and address of the Paying Agent, by certified or registered mail to the Original Purchaser and to the Paying Agent not less than seven days prior to the Prepayment Date. If money for prepayment is on deposit with the Paying Agent on the Prepayment Date following the giving of that notice, interest on the principal amount prepaid shall cease to accrue on the Prepayment Date. The Director of Finance may request the Original Purchaser to use its best efforts to arrange for the delivery of the Notes at the designated office of the Paying Agent for prepayment, surrender and cancellation. Section 5. Form and Execution of Notes; Book Entry System. The Notes shall be signed by the Mayor and the Director of Finance, in the name of the City and in their official capacities, provided that one of those signatures may be a facsimile. The Notes shall be issued in the denominations and numbers as requested by the Original Purchaser and approved by the Director of Finance in the Certificate of Award, provided that no Note shall be issued in a denomination less than $100,000. The entire principal amount may be represented by a single note and may be issued as fully registered securities (for which the Director of Finance will serve as note registrar) and in book entry or other uncertificated form in accordance with Section 9.96 and Chapter 133 of the Revised Code if it is determined by the Director of Finance that issuance of fully registered securities in that form will facilitate the sale and delivery of the Notes. The Notes shall not have coupons attached, shall be numbered as determined by the Director of Finance and shall express upon their faces the purpose, in summary terms, for which they are issued and that they are issued pursuant to this Ordinance. As used in this Section and this Ordinance: “Book entry form” or “book entry system” means a form or system under which (i) the ownership of beneficial interests in the Notes and the principal of, and interest on, the Notes may be transferred only through a book entry, and (ii) a single physical Note certificate is issued by the City and payable only to a Depository or its nominee, with such Notes deposited and maintained in the custody of the Depository or its agent for that purpose. The book entry maintained by others than the City is the record that identifies the owners of beneficial interests in the Notes and that principal and interest. “Depository” means any securities depository that is a clearing agency under federal law operating and maintaining, with its Participants or otherwise, a book entry system to record ownership of beneficial interests in the Notes or the principal of, and interest on, the Notes and to effect transfers of the Notes, in book entry form, and includes and means initially The Depository Trust Company (a limited purpose trust company). “Participant” means any participant contracting with a Depository under a book entry system and includes security brokers and dealers, banks and trust companies, and clearing corporations. The Notes may be issued to a Depository for use in a book entry system and, if and as long as a book entry system is utilized, (i) the Notes may be issued in the form of a single Note made payable to the Depository or its nominee and deposited and maintained in the custody of the Depository or its agent for that purpose; (ii) the beneficial owners in book entry form shall have no right to receive the Notes in the form of physical securities or certificates; (iii) ownership of beneficial interests in book
Ordinance 25-35 | Page 3 entry form shall be shown by book entry on the system maintained and operated by the Depository and its Participants, and transfers of the ownership of beneficial interests shall be made only by book entry by the Depository and its Participants; and (iv) the Notes as such shall not be transferable or exchangeable, except for transfer to another Depository or to another nominee of a Depository, without further action by the City. If any Depository determines not to continue to act as a Depository for the Notes for use in a book entry system, the Director of Finance may attempt to establish a securities depository/book entry relationship with another qualified Depository. If the Director of Finance does not or is unable to do so, the Director of Finance, after making provision for notification of the beneficial owners by the then Depository and any other arrangements deemed necessary, shall permit withdrawal of the Notes from the Depository, and shall cause the Notes in bearer or payable to order form to be signed by the officers authorized to sign the Notes and delivered to the assigns of the Depository or its nominee, all at the cost and expense (including any costs of printing), if the event is not the result of City action or inaction, of those persons requesting such issuance. The Director of Finance is also hereby authorized and directed, to the extent necessary or required, to enter into any agreements determined necessary in connection with the book entry system for the Notes, after determining that the signing thereof will not endanger the funds or securities of the City. Section 6. Award and Sale of the Notes. (a) To the Original Purchaser. The Notes shall be sold at not less than par at private sale by the Director of Finance to the original purchaser designated by the Director of Finance in the Certificate of Award (the Original Purchaser) in accordance with law and the provisions of this Ordinance and the Certificate of Award. The Director of Finance shall sign the Certificate of Award evidencing that sale to the Original Purchaser, cause the Notes to be prepared, and have the Notes signed and delivered, together with a true transcript of proceedings with reference to the issuance of the Notes if requested by the Original Purchaser, to the Original Purchaser upon payment of the purchase price. The Mayor, the Director of Finance, the Director of Law, the Clerk of Council and other City officials, as appropriate, are each authorized and directed to sign any transcript certificates, financial statements, paying agent agreement, note purchase agreement, placement agent agreement, term sheet and other commitments, documents and instruments and to take such actions as are necessary or appropriate to consummate the transactions contemplated by this Ordinance. The Director of Finance is authorized, if it is determined to be in the best interest of the City, to combine the issue of Notes with one or more other note issues of the City into a consolidated note issue pursuant to Section 133.30(B) of the Revised Code. (b) Application for Rating; Financing Costs. The Director of Finance is authorized to request a rating for the Notes from one or more nationally-recognized rating agencies in connection with the sale and issuance of the Notes. The expenditure of the amounts necessary to secure those rating(s) and to pay the other financing costs (as defined in Section 133.01 of the Revised Code) in connection with the Notes is authorized and approved, and the Director of Finance is authorized to provide for the payment of any such amounts and costs from the proceeds of the Notes to the extent available and otherwise from any other funds lawfully available that are appropriated or shall be appropriated for that purpose. Section 7. Application of Note Proceeds. The proceeds from the sale of the Notes, except any premium and accrued interest, shall be paid into the proper fund or funds and those proceeds are appropriated and shall be used for the purpose for which the Notes are being issued. Any portion of those proceeds representing premium and accrued interest shall be paid into the Bond Retirement Fund.
Ordinance 25-35 | Page 4 Section 8. Application and Pledge of Bond or Renewal Note Proceeds or Excess Funds. The par value to be received from the sale of the Bonds or of any renewal notes and any excess funds resulting from the issuance of the Notes shall, to the extent necessary, be used to pay the debt charges on the Notes at maturity and are pledged for that purpose. Section 9. Provisions for Tax Levy. During the year or years in which the Notes are outstanding, there shall be levied on all the taxable property in the City, in addition to all other taxes, the same tax that would have been levied if the Bonds had been issued without the prior issuance of the Notes. The tax shall be within the ten-mill limitation imposed by law, shall be and is ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers, in the same manner, and at the same time that taxes for general purposes for each of those years are certified, levied, extended and collected, and shall be placed before and in preference to all other items and for the full amount thereof. The proceeds of the tax levy shall be placed in the Bond Retirement Fund, which is irrevocably pledged for the payment of the debt charges on the Notes or the Bonds when and as the same fall due. In each year, to the extent that revenues and surplus funds from the City’s sanitary sewerage system or other moneys are available for the payment of debt charges on the Notes and the Bonds and are appropriated for that purpose, the amount of the tax shall be reduced by the amount of revenues and funds and/or moneys so available and appropriated. Section 10. Federal Tax Considerations. The City covenants that it will use, and will restrict the use and investment of, the proceeds of the Notes in such manner and to such extent as may be necessary so that (a) the Notes will not (i) constitute private activity bonds or arbitrage bonds under Sections 141 or 148 of the Internal Revenue Code of 1986, as amended (the Code), or (ii) be treated other than as bonds the interest on which is excluded from gross income under Section 103 of the Code, and (b) the interest on the Notes will not be an item of tax preference under Section 57 of the Code. The City further covenants that (a) it will take or cause to be taken such actions that may be required of it for the interest on the Notes to be and remain excluded from gross income for federal income tax purposes, (b) it will not take or authorize to be taken any actions that would adversely affect that exclusion, and (c) it, or persons acting for it, will, among other acts of compliance, (i) apply the proceeds of the Notes to the governmental purpose of the borrowing, (ii) restrict the yield on investment property, (iii) make timely and adequate payments to the federal government, (iv) maintain books and records and make calculations and reports and (v) refrain from certain uses of those proceeds, and, as applicable, of property financed with such proceeds, all in such manner and to the extent necessary to assure such exclusion of that interest under the Code. The Director of Finance, as the fiscal officer, or any other officer of the City having responsibility for issuance of the Notes is hereby authorized (a) to make or effect any election, selection, designation (including specifically designation of the Notes as “qualified tax-exempt obligations” if such designation is applicable and desirable, and to make any related necessary representations and covenants), choice, consent, approval, or waiver on behalf of the City with respect to the Notes as the City is permitted or required to make or give under the federal income tax laws, including, without limitation thereto, any of the elections provided for in or available under Section 148 of the Code, for the purpose of assuring, enhancing or protecting favorable tax treatment or status of the Notes or interest thereon or assisting compliance with requirements for that purpose, reducing the burden or expense of such compliance, reducing the rebate amount or payments or penalties, or making payments of special amounts in lieu of making computations to determine, or paying, excess earnings as rebate, or obviating those amounts or payments, as determined by that officer, which action shall be in writing and signed by the officer, (b) to take any and all other actions, make or obtain calculations, make payments, and make or give reports, covenants and certifications of and on behalf of the City, as may be appropriate to assure the exclusion of interest from gross income and the intended tax status of the Notes, and (c) to give one or more appropriate certificates of the City, for inclusion in the transcript of proceedings for the Notes, setting forth the reasonable
Ordinance 25-35 | Page 5 expectations of the City regarding the amount and use of all the proceeds of the Notes, the facts, circumstances and estimates on which they are based, and other facts and circumstances relevant to the tax treatment of the interest on and the tax status of the Notes. Section 11. Certification and Delivery of Ordinance and Certificate of Award. The Clerk of Council is directed to deliver or cause to be delivered a certified copy of this Ordinance and a copy of the signed Certificate of Award to the Cuyahoga County Fiscal Officer. Section 12. Satisfaction of Conditions for Note Issuance. This Council determines that all acts and conditions necessary to be done or performed by the City or to have been met precedent to and in the issuing of the Notes in order to make them legal, valid and binding general obligations of the City have been performed and have been met, or will at the time of delivery of the Notes have been performed and have been met, in regular and due form as required by law; that the full faith and credit and general property taxing power (as described in Section 9) of the City are pledged for the timely payment of the debt charges on the Notes; and that no statutory or constitutional limitation of indebtedness or taxation will have been exceeded in the issuance of the Notes. Section 13. Retention of Bond Counsel. The legal services of Squire Patton Boggs (US) LLP, as bond counsel, be and are hereby retained. The legal services shall be in the nature of legal advice and recommendations as to the documents and the proceedings in connection with the issuance and sale of the Notes and the rendering of the necessary legal opinion upon the delivery of the Notes. In rendering those legal services, as an independent contractor and in an attorney-client relationship, that firm shall not exercise any administrative discretion on behalf of the City in the formulation of public policy, expenditure of public funds, enforcement of laws, rules and regulations of the State, the City or any other political subdivision, or the execution of public trusts. That firm shall be paid just and reasonable compensation for those legal services and shall be reimbursed for the actual out-of- pocket expenses it incurs in rendering those legal services. The Director of Finance is authorized to provide for the payment of those fees and any reimbursements from the proceeds of the Notes to the extent available and otherwise is authorized and directed to make appropriate certification as to the availability of funds for those fees and any reimbursement and to issue an appropriate order for their timely payment as written statements are submitted by that firm. Section 14. Retention of Municipal Advisor. The services of MAS Financial Advisory Services LLC, as municipal advisor, be and are hereby retained. The municipal advisory services shall be in the nature of financial advice and recommendations in connection with the issuance and sale of the Notes. In rendering those municipal advisory services, as an independent contractor, that firm shall not exercise any administrative discretion on behalf of the City in the formulation of public policy, expenditure of public funds, enforcement of laws, rules and regulations of the State, the City or any other political subdivision, or the execution of public trusts. That firm shall be paid just and reasonable compensation for those municipal advisory services and shall be reimbursed for the actual out-of-pocket expenses it incurs in rendering those municipal advisory services. The Director of Finance is authorized to provide for the payment of those fees and any reimbursements from the proceeds of the Notes to the extent available and otherwise is authorized and directed to make appropriate certification as to the availability of funds for those fees and any reimbursement and to issue an appropriate order for their timely payment as written statements are submitted by that firm. Section 15. Compliance with Open Meeting Requirements. This Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council or committees, and that all deliberations of this Council and any of its committees that resulted in those formal actions were in meetings open to the public, all in compliance with the law.
Ordinance 25-35 | Page 6 Section 16. Captions and Headings. The captions and headings in this Ordinance are solely for convenience of reference and in no way define, limit or describe the scope or intent of any Sections, subsections, paragraphs, subparagraphs or clauses hereof. Reference to a Section means a section of this Ordinance unless otherwise indicated. Section 17. Declaration of Emergency; Effective Date. This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety of the City, and for the further reason that this Ordinance is required to be immediately effective in order to issue and sell the Notes, which is necessary to enable the City to enter into contracts for the improvement and/or to reimburse the City for certain costs of the improvement, which was and is needed to provide sanitary sewers and sanitary facilities for the City’s residents and thereby protect their health and welfare; wherefore, this Ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor. PASSED: 1st reading: 05.19.25 APPROVED: 2nd reading: 3rd reading: Michael P. Kilbane, President of Council Bill Schneider, Mayor Liz L. Westbrooks, Clerk of Council
FISCAL OFFICER’S CERTIFICATE TO THE COUNCIL OF THE CITY OF FAIRVIEW PARK, OHIO: As fiscal officer of the City of Fairview Park, Ohio, I certify in connection with your proposed issue of not to exceed $3,000,000 of notes (the Notes), to be issued in anticipation of the issuance of bonds (the Bonds), for the purpose of paying costs of improving the City’s sanitary sewerage system by constructing and improving sanitary and storm sewers and related sanitary and drainage facilities, together with all necessary appurtenances thereto, and otherwise improving that system (the improvement), that: 1. The estimated life or period of usefulness of the improvement is at least five years. 2. The estimated maximum maturity of the Bonds, calculated in accordance with Section 133.20 of the Revised Code, is 40 years. If notes in anticipation of the Bonds are outstanding later than the last day of December of the fifth year following the year of issuance of the original issue of notes, the period in excess of those five years shall be deducted from that maximum maturity of the Bonds. 3. The maximum maturity of the Notes is 240 months from their date of issuance. ALE Director.of Finance City of F airview Park, Ohio Dated: May 19, 2025
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Jennifer Pae, Finance Director / HR Manager RE: $12,900,000 City of Fairview Park Recreational Facilities Improvement Bonds, Series 2025 and $3,000,000 City of Fairview Park Sanitary Sewerage System Improvement Notes, Series 2025 DATE: May 19, 2025 The Administration requests passage of the Ordinances below after three readings with emergency enactment. This following legislation allows for two separate debt issuances: AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $12,900,000 FOR THE PURPOSE OF REHABILITATING, RENOVATING, FURNISHING, EQUIPPING AND OTHERWISE IMPROVING THE GEMINI CENTER AND IMPROVING AND EQUIPPING ITS SITE, AND DECLARING AN EMERGENCY AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOT TO EXCEEED $3,000,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING COSTS OF IMPROVING THE CITY’S SANITARY SEWERAGE SYSTEM BY CONSTRUCTING AND IMPROVING SANITARY AND STORM SEWERS AND RELATED SANITARY AND DRAINAGE FACILITIES, AND DECLARING AN EMERGENCY. The first is for the issuance of 30-year bonds in an amount not to exceed $12,900,000 to retire the City’s outstanding one-year bond anticipation notes issued in November 2024 related to the Gemini Center Rehabilitation Project (the Project). A property tax levy (Issue 55) was approved by voters on November 7, 2023, to support the annual debt service related to the repayment of these bonds going forward. The second is for the issuance of one-year bond anticipation notes (BANs) to finance the City’s portion of the following projects, as discussed during the 2025 budget hearings: • Woodstock Sewer Replacement • Coe Creek Erosion Abatement • Stanford Sewer Replacement
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org • West 225th Sewer Repair • West 227th Pump Station Design • West Valley Pump Station • Equalization Tank Planning & Design • Story Road Outfall Once these projects are finalized and the actual costs are known, the City will enter into long-term debt supported by sewer rate collections. Thank you for your consideration and we look forward to discussing this further in committee. cc: Bill Schneider, Mayor A Steven Dever, Director of Law Liz Westbrooks, Clerk of Council
Ordinance 25-36 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25-36 REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN KING AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $12,900,000 FOR THE PURPOSE OF REHABILITATING, RENOVATING, FURNISHING, EQUIPPING AND OTHERWISE IMPROVING THE GEMINI CENTER AND IMPROVING AND EQUIPPING ITS SITE, AND DECLARING AN EMERGENCY. WHEREAS, at an election held on November 7, 2023, on the question of issuing bonds of the City in the aggregate principal amount of $12,900,000 for the purpose stated in Section 2 and of levying taxes outside the ten-mill limitation to pay the debt charges on those bonds and any anticipatory securities, the requisite majority of those voting on the question voted in favor of it; and WHEREAS, pursuant to Ordinance No. 24-60, passed on October 7, 2024, there were issued $12,900,000 Recreational Facilities Improvement Notes, Series 2024 (the Outstanding Notes), for the purpose stated in Section 2, which Outstanding Notes mature on November 13, 2025; and WHEREAS, this Council finds and determines that the City should retire the Outstanding Notes with the proceeds of the Bonds described in Section 2; and WHEREAS, the Director of Finance has certified that the estimated life or period of usefulness of the improvement described in Section 2 is at least five years and the estimated maximum maturity of the Bonds described in Section 2 is 30 years; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, CUYAHOGA COUNTY, STATE OF OHIO, THAT: Section 1. Definitions and Interpretation. In addition to the words and terms elsewhere defined in this Ordinance, unless the context or use clearly indicates another or different meaning or intent: “Authorized Denominations” means (i) with respect to Current Interest Bonds, a denomination of $5,000 or any whole multiple thereof and (ii) with respect to Capital Appreciation Bonds, a denomination equal to a principal amount that, when interest at the applicable compounding interest rate is accrued and compounded thereon on each Interest Accretion Date to the stated maturity of the Capital Appreciation Bonds, will result in a Maturity Amount equal to $5,000 or any whole multiple thereof. “Bond Counsel” means Squire Patton Boggs (US) LLP. “Bond proceedings” means, collectively, this Ordinance, the Certificate of Award and such other proceedings of the City, including the Bonds, that provide collectively for, among other things, the rights of holders and beneficial owners of the Bonds. “Bond Register” means all books and records necessary for the registration, exchange and transfer of Bonds as provided in Section 5. “Bond Registrar” means the bank or trust company appointed pursuant to Section 4 or in the Certificate of Award as the initial authenticating agent, bond registrar, transfer agent and paying agent for the Bonds under the Bond Registrar Agreement and until a successor Bond
Ordinance 25-36 | Page 2 Registrar shall have become such pursuant to the provisions of the Bond Registrar Agreement and, thereafter, “Bond Registrar” shall mean the successor Bond Registrar. “Bond Registrar Agreement” means the Bond Registrar Agreement between the City and the Bond Registrar, as it may be modified from the form on file with the Clerk of Council and signed by the Mayor and the Fiscal Officer in accordance with Section 4. “Book entry form” or “book entry system” means a form or system under which (i) the ownership of book entry interests in Bonds and the principal of and interest on the Bonds may be transferred only through a book entry and (ii) physical Bond certificates in fully registered form are issued by the City only to a Depository or its nominee as registered owner, with the Bonds deposited and maintained in the custody of the Depository or its agent. The book entry maintained by others than the City or the Bond Registrar is the record that identifies the owners of book entry interests in those Bonds and that principal and interest. “Capital Appreciation Bonds” means any Bonds designated as such in the Certificate of Award, maturing on the Principal Payment Dates, being in the principal amounts and having the Maturity Amounts set forth therein, and bearing interest accrued and compounded on each Interest Accretion Date and payable at maturity. “Certificate of Award” means the certificate authorized by Section 6(a), to be signed by the Fiscal Officer, setting forth and determining those terms or other matters pertaining to the Bonds and their issuance, sale and delivery as this Ordinance requires or authorizes to be set forth or determined therein. “Closing Date” means the date of physical delivery of, and payment of the purchase price for, the Bonds. “Code” means the Internal Revenue Code of 1986, the Regulations (whether temporary or final) under that Code or the statutory predecessor of that Code, and any amendments of, or successor provisions to, the foregoing and any official rulings, announcements, notices, procedures and judicial determinations regarding any of the foregoing, all as and to the extent applicable. Unless otherwise indicated, reference to a Section of the Code includes any applicable successor section or provision and such applicable Regulations, rulings, announcements, notices, procedures and determinations pertinent to that Section. “Compound Accreted Amount” means, with respect to any Capital Appreciation Bond, the principal amount thereof plus interest accrued and compounded on each Interest Accretion Date to the date of maturity or other date of determination. The Compound Accreted Amount per $5,000 Maturity Amount of the Capital Appreciation Bonds of each maturity and each compounding interest rate within a maturity as of each Interest Accretion Date shall be set forth in the Certificate of Award. The Compound Accreted Amount of a Capital Appreciation Bond as of any date other than an Interest Accretion Date is the sum of (a) the Compound Accreted Amount for that Bond on the immediately preceding Interest Accretion Date plus (b) the product of (i) the difference between (A) the Compound Accreted Amount of that Capital Appreciation Bond on the immediately preceding Interest Accretion Date and (B) the Compound Accreted Amount of that Capital Appreciation Bond on the immediately succeeding Interest Accretion Date, times (ii) the ratio of (C) the number of days from the immediately preceding Interest Accretion Date to the date of determination to (D) the total number of days from that immediately preceding Interest Accretion Date to the immediately succeeding Interest Accretion Date; provided, however, that in determining the Compound Accreted Amount of a Capital Appreciation Bond as of a date prior to the first Interest Accretion Date, the Closing Date shall be deemed to be the immediately preceding Interest Accretion Date and the principal amount of that Capital Appreciation Bond shall be deemed to be the Compound Accreted Amount on the Closing Date.
Ordinance 25-36 | Page 3 “Continuing Disclosure Agreement” means the Continuing Disclosure Agreement, as it may be modified from the form on file with the Clerk of Council and signed in accordance with Section 6, and which shall constitute the continuing disclosure agreement made by the City for the benefit of holders and beneficial owners of the Bonds in accordance with the Rule. “Current Interest Bonds” means, collectively, the Current Interest Serial Bonds and the Current Interest Term Bonds, each as is designated as such in the Certificate of Award. “Current Interest Serial Bonds” means those Current Interest Bonds designated as such and maturing on the Principal Payment Dates set forth in the Certificate of Award, bearing interest payable on each Interest Payment Date and not subject to mandatory sinking fund redemption. “Current Interest Term Bonds” means those Current Interest Bonds designated as such and maturing on the Principal Payment Dates set forth in the Certificate of Award, bearing interest payable on each Interest Payment Date and subject to mandatory sinking fund redemption. “Depository” means any securities depository that is a clearing agency under federal law operating and maintaining, with its Participants or otherwise, a book entry system to record ownership of book entry interests in Bonds or the principal of and interest on Bonds, and to effect transfers of Bonds, in book entry form, and includes and means initially The Depository Trust Company (a limited purpose trust company). “Fiscal Officer” means the Director of Finance of the City. “Interest Accretion Dates” means, unless otherwise determined by the Fiscal Officer in the Certificate of Award, as to Capital Appreciation Bonds, each June 1 and December 1, commencing June 1, 2026, in the years any Capital Appreciation Bonds are outstanding. “Interest Payment Dates” means, unless otherwise determined by the Fiscal Officer in the Certificate of Award, (i) as to Current Interest Bonds, each June 1 and December 1, commencing December 1, 2026, in the years any Current Interest Bonds are outstanding, and (ii) as to Capital Appreciation Bonds, their respective maturity dates. “Maturity Amount” means, with respect to a Capital Appreciation Bond, the principal and interest due and payable on its stated maturity date. “Mayor” means the Mayor of the City. “Municipal Advisor” means MAS Financial Advisory Services LLC. “Original Purchaser” means the original purchaser of the Bonds designated by the Fiscal Officer in the Certificate of Award. “Participant” means any participant contracting with a Depository under a book entry system and includes securities brokers and dealers, banks and trust companies, and clearing corporations. “Principal Payment Dates” means, unless otherwise determined by the Fiscal Officer in the Certificate of Award, December 1 in the years from and including 2026 to and including 2055, provided that in no case shall the total number of Principal Payment Dates exceed the maximum maturity of the Bonds referred to in the preambles hereto.
Ordinance 25-36 | Page 4 “Rule” means Rule 15c2-12 prescribed by the SEC pursuant to the Securities Exchange Act of 1934. “SEC” means the Securities and Exchange Commission. The captions and headings in this Ordinance are solely for convenience of reference and in no way define, limit or describe the scope or intent of any Sections, subsections, paragraphs, subparagraphs or clauses hereof. Reference to a Section means a section of this Ordinance unless otherwise indicated. Section 2. Authorized Principal Amount and Purpose; Application of Proceeds. This Council determines that it is necessary and in the best interest of the City to issue bonds of the City in one lot in the maximum principal amount of $12,900,000 (the Bonds) for the purpose of rehabilitating, renovating, furnishing, equipping and otherwise improving the Gemini Center and improving and equipping its site. The aggregate principal amount of Bonds to be issued shall not exceed $12,900,000 and shall be issued in an amount determined by the Fiscal Officer in the Certificate of Award to be the aggregate principal amount of Bonds required to be issued at this time, taking into account any premium above or discount from the aggregate principal amount of the Bonds at which they are sold to the Original Purchaser, in order to effect the purpose for which the Bonds are to be issued, including the payment of any expenses properly allocable to the issuance of the Bonds. The proceeds from the sale of the Bonds, except any premium and accrued interest, shall be paid into the proper fund or funds and those proceeds are appropriated and shall be used for the purpose for which the Bonds are being issued. Any portion of those proceeds representing premium actually received by the City and accrued interest shall be paid into the Bond Retirement Fund. Section 3. Denominations; Dating; Principal and Interest Payment and Redemption Provisions. The Bonds shall be issued in one lot and only as fully registered bonds, in Authorized Denominations, but in no case as to a particular maturity date exceeding the principal amount maturing on that date. The respective principal amounts of the Bonds to be issued as Current Interest Bonds and Capital Appreciation Bonds (if any Bonds are issued as Capital Appreciation Bonds) shall be determined by the Fiscal Officer in the Certificate of Award, having due regard to the best interest of and financial advantages to the City. Unless otherwise specified by the Fiscal Officer in the Certificate of Award, the Bonds shall be dated the Closing Date. (a) Interest Rates and Interest Payment Dates. The Current Interest Bonds shall bear interest at the rate or rates per year (computed on the basis of a 360-day year consisting of 12 30-day months) as shall be specified by the Fiscal Officer in the Certificate of Award. Interest on the Current Interest Bonds shall be payable at such rate or rates on each Interest Payment Date until the principal amount has been paid or provided for. The Current Interest Bonds shall bear interest from the most recent date to which interest has been paid or provided for or, if no interest has been paid or provided for, from their date. Any Capital Appreciation Bonds shall bear interest from the Closing Date at the compounding rate or rates of interest (computed on the basis of a 360-day year consisting of 12 30-day months), accrued and compounded on each Interest Accretion Date and payable at maturity, that will result in the aggregate Maturity Amounts payable at maturity, as shall be specified by the Fiscal Officer in the Certificate of Award. The total interest accrued on any Capital Appreciation Bond as of any particular date shall be an amount equal to the amount by which the Compound Accreted Amount of that Capital Appreciation Bond as of that date exceeds the principal amount of that Capital Appreciation Bond.
Ordinance 25-36 | Page 5 Notwithstanding any provision of this Ordinance to the contrary, Bonds maturing on any one Principal Payment Date may bear interest at different rates and may be issued separately as Current Interest Bonds and Capital Appreciation Bonds. (b) Principal Payment Schedule. The Bonds shall mature or be payable pursuant to Mandatory Sinking Fund Redemption Requirements (as hereinafter defined and described) on the Principal Payment Dates in principal amounts as shall be determined by the Fiscal Officer, subject to subsection (c) of this Section, in the Certificate of Award, consistent with the Fiscal Officer’s determination of the best interest of and financial advantages to the City. Consistent with the foregoing and in accordance with the Fiscal Officer’s determination of the best interest of and financial advantages to the City, the Fiscal Officer shall specify in the Certificate of Award (i) the aggregate principal amount of Current Interest Bonds to be issued as Current Interest Serial Bonds, the Principal Payment Dates on which those Bonds shall be stated to mature and the principal amount thereof that shall be stated to mature on each such Principal Payment Date, (ii) the aggregate principal amount of Current Interest Bonds to be issued as Current Interest Term Bonds, the Principal Payment Date or Dates on which those Bonds shall be stated to mature, the principal amount thereof that shall be stated to mature on each such Principal Payment Date, the Principal Payment Date or Dates on which Current Interest Term Bonds shall be subject to mandatory sinking fund redemption (Mandatory Redemption Dates) and the principal amount thereof that shall be payable pursuant to Mandatory Sinking Fund Redemption Requirements on each Mandatory Redemption Date, and (iii) the aggregate principal amount of any Bonds to be issued as Capital Appreciation Bonds and the corresponding aggregate Maturity Amount thereof, the Principal Payment Date or Dates on which those Bonds shall be stated to mature, and the principal amount and corresponding Maturity Amount thereof that shall be payable on each such Principal Payment Date. (c) Conditions for Establishment of Interest Rates and Principal Payment Dates and Amounts. The rate or rates of interest per year to be borne by the Current Interest Bonds and the compounding rate or rates of interest per year to be borne by any Capital Appreciation Bonds, and the principal amount of Current Interest Bonds maturing or payable pursuant to Mandatory Sinking Fund Redemption Requirements on each Principal Payment Date and the Maturity Amount of any Capital Appreciation Bonds payable on each Principal Payment Date, shall be such that (i) the total principal and interest payments on the Bonds in any fiscal year in which principal is payable is not more than three times the amount of those payments in any other such fiscal year and (ii) the true interest cost of the Bonds shall not exceed 7%. (d) Payment of Debt Charges. The debt charges on the Bonds shall be payable in lawful money of the United States of America without deduction for the services of the Bond Registrar as paying agent. Principal of and any premium on the Current Interest Bonds, and principal of and interest on any Capital Appreciation Bonds, shall be payable when due upon presentation and surrender of the Bonds at the office of the Bond Registrar designated in the Certificate of Award or, if not so designated, then at the principal corporate trust office of the Bond Registrar. Interest on a Current Interest Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond was registered, and to that person’s address appearing, on the Bond Register at the close of business on the 15th day next preceding that Interest Payment Date. Notwithstanding the foregoing, if and so long as the Bonds are issued in a book entry system, principal of and interest and any premium on the Bonds shall be payable in the manner provided in any agreement entered into by the Fiscal Officer, in the name and on behalf of the City, in connection with the book entry system. (e) Redemption Provisions. The Current Interest Bonds shall be subject to redemption prior to stated maturity as follows:
Ordinance 25-36 | Page 6 (i) Mandatory Sinking Fund Redemption of Current Interest Term Bonds. If any of the Bonds are issued as Current Interest Term Bonds, the Current Interest Term Bonds shall be subject to mandatory redemption in part by lot and be redeemed pursuant to mandatory sinking fund requirements, at a redemption price of 100% of the principal amount redeemed, plus accrued interest to the redemption date, on the applicable Mandatory Redemption Dates and in the principal amounts payable on those dates, for which provision is made in the Certificate of Award (such dates and amounts being the Mandatory Sinking Fund Redemption Requirements). The aggregate of the moneys to be deposited with the Bond Registrar for payment of principal of and interest on any Current Interest Term Bonds on each Mandatory Redemption Date shall include an amount sufficient to redeem on that date the principal amount of Current Interest Term Bonds payable on that date pursuant to Mandatory Sinking Fund Redemption Requirements (less the amount of any credit as hereinafter provided). The City shall have the option to deliver to the Bond Registrar for cancellation Current Interest Term Bonds in any aggregate principal amount and to receive a credit against the then current or any subsequent Mandatory Sinking Fund Redemption Requirement (and corresponding mandatory redemption obligation) of the City, as specified by the Fiscal Officer, for Current Interest Term Bonds stated to mature on the same Principal Payment Date as the Current Interest Term Bonds so delivered. That option shall be exercised by the City on or before the 15th day preceding any Mandatory Redemption Date with respect to which the City wishes to obtain a credit, by furnishing the Bond Registrar a certificate, signed by the Fiscal Officer, setting forth the extent of the credit to be applied with respect to the then current or any subsequent Mandatory Sinking Fund Redemption Requirement for Current Interest Term Bonds stated to mature on the same Principal Payment Date. If the certificate is not timely furnished to the Bond Registrar, the current Mandatory Sinking Fund Redemption Requirement (and corresponding mandatory redemption obligation) shall not be reduced. A credit against the then current or any subsequent Mandatory Sinking Fund Redemption Requirement (and corresponding mandatory redemption obligation), as specified by the Fiscal Officer, also shall be received by the City for any Current Interest Term Bonds which prior thereto have been redeemed (other than through the operation of the applicable Mandatory Sinking Fund Redemption Requirements) or purchased for cancellation and canceled by the Bond Registrar, to the extent not applied theretofore as a credit against any Mandatory Sinking Fund Redemption Requirement, for Current Interest Term Bonds stated to mature on the same Principal Payment Date as the Current Interest Term Bonds so redeemed or purchased and canceled. Each Current Interest Term Bond so delivered, or previously redeemed, or purchased and canceled, shall be credited by the Bond Registrar at 100% of the principal amount thereof against the then current or subsequent Mandatory Sinking Fund Redemption Requirements (and corresponding mandatory redemption obligations), as specified by the Fiscal Officer, for Current Interest Term Bonds stated to mature on the same Principal Payment Date as the Current Interest Term Bonds so delivered, redeemed or purchased and canceled. (ii) Optional Redemption. The Current Interest Bonds of the maturities, if any, specified in the Certificate of Award shall be subject to redemption by and at the sole option of the City, in whole or in part in whole multiples of $5,000, on the dates, in the years and at the redemption prices (expressed as a percentage of the principal amount to be redeemed), plus accrued interest to the redemption date, to be determined by the Fiscal officer in the Certificate of Award; provided that (i) the earliest optional redemption date shall not be more than 10½ years after the Closing Date and (ii) the redemption price for the earliest optional redemption date shall not be greater than 103%. If optional redemption of Current Interest Term Bonds at a redemption price exceeding 100% of the principal amount to be redeemed is to take place as of any Mandatory
Ordinance 25-36 | Page 7 Redemption Date applicable to those Current Interest Term Bonds, the Current Interest Term Bonds, or portions thereof, to be redeemed optionally shall be selected by lot prior to the selection by lot of the Current Interest Term Bonds of the same maturity to be redeemed on the same date by operation of the Mandatory Sinking Fund Redemption Requirements. Bonds to be redeemed pursuant to this paragraph shall be redeemed only upon written notice from the Fiscal Officer to the Bond Registrar, given upon the direction of this Council through enactment of a resolution or an ordinance. That notice shall specify the redemption date and the principal amount of each maturity of Bonds and interest rate within a maturity to be redeemed, and shall be given at least 45 days prior to the redemption date or such shorter period as shall be acceptable to the Bond Registrar. (iii) Partial Redemption. If fewer than all of the outstanding Bonds are called for optional redemption at one time and Bonds of more than one maturity or interest rate within a maturity are then outstanding, the Bonds that are called shall be Bonds of the maturity or maturities and interest rate or rates selected by the City. If fewer than all of the Bonds of a single maturity and interest rate are to be redeemed, the selection of Bonds of that maturity and interest rate to be redeemed, or portions thereof in amounts of $5,000 or any whole multiple thereof, shall be made by the Bond Registrar by lot in a manner determined by the Bond Registrar. In the case of a partial redemption of Bonds by lot when Bonds of denominations greater than $5,000 are then outstanding, each $5,000 unit of principal thereof shall be treated as if it were a separate Bond of the denomination of $5,000. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by a Bond are to be called for redemption, then, upon notice of redemption of a $5,000 unit or units, the registered owner of that Bond shall surrender the Bond to the Bond Registrar (i) for payment of the redemption price of the $5,000 unit or units of principal amount called for redemption (including, without limitation, the interest accrued to the date fixed for redemption and any premium), and (ii) for issuance, without charge to the registered owner, of a new Bond or Bonds of any Authorized Denomination or Denominations in an aggregate principal amount equal to the unmatured and unredeemed portion of, and bearing interest at the same rate and maturing on the same date as, the Bond surrendered. (iv) Notice of Redemption. The notice of the call for redemption of Bonds shall identify (A) by designation, letters, numbers or other distinguishing marks, the Bonds or portions thereof to be redeemed, (B) the redemption price to be paid, (C) the date fixed for redemption, and (D) the place or places where the amounts due upon redemption are payable. The notice shall be given by the Bond Registrar on behalf of the City by mailing a copy of the redemption notice by first class mail, postage prepaid, at least 30 days prior to the date fixed for redemption, to the registered owner of each Bond subject to redemption in whole or in part at the registered owner’s address shown on the Bond Register maintained by the Bond Registrar at the close of business on the 15th day preceding that mailing (or as otherwise may be permitted or required if the Bonds are held under a book-entry system by a securities depository). Failure to receive notice by mail or any defect in that notice regarding any Bond, however, shall not affect the validity of the proceedings for the redemption of any Bond. (v) Payment of Redeemed Bonds. In the event that notice of redemption shall have been given by the Bond Registrar to the registered owners as provided above, there shall be deposited with the Bond Registrar on or prior to the redemption date, moneys that, in addition to any other moneys available therefor and held by the Bond Registrar, will be sufficient to redeem at the redemption price thereof, plus accrued interest to the redemption date, all of the redeemable Bonds for which notice of redemption has been given. Notice having been mailed in the manner provided in the preceding paragraph hereof, the Bonds and portions thereof called for redemption shall become due and payable on the redemption date and, subject to Sections 3(d) and 5, upon presentation and surrender thereof at the place or places specified in that notice, shall be paid at the redemption price, plus accrued interest to the redemption date. If moneys for the redemption of all of the Bonds and portions thereof to be redeemed, together with accrued interest thereon to
Ordinance 25-36 | Page 8 the redemption date, are held by the Bond Registrar on the redemption date, so as to be available therefor on that date and, if notice of redemption has been deposited in the mail as aforesaid, then from and after the redemption date those Bonds and portions thereof called for redemption shall cease to bear interest and no longer shall be considered to be outstanding. If those moneys shall not be so available on the redemption date, or that notice shall not have been deposited in the mail as aforesaid, those Bonds and portions thereof shall continue to bear interest, until they are paid, at the same rate as they would have borne had they not been called for redemption. All moneys held by the Bond Registrar for the redemption of particular Bonds shall be held in trust for the account of the registered owners thereof and shall be paid to them, respectively, upon presentation and surrender of those Bonds, provided that any interest earned on the moneys so held by the Bond Registrar shall be for the account of and paid to the City to the extent not required for the payment of the Bonds called for redemption. (vi) Capital Appreciation Bonds. The Capital Appreciation Bonds, if any, are not subject to redemption prior to maturity. Section 4. Execution and Authentication of Bonds; Appointment of Bond Registrar. The Bonds shall be signed by the Mayor and the Fiscal Officer, in the name of the City and in their official capacities, provided that either or both of those signatures may be a facsimile. The Bonds shall be issued in the Authorized Denominations and numbers as requested by the Original Purchaser and approved by the Fiscal Officer, shall be numbered as determined by the Fiscal Officer in order to distinguish each Bond from any other Bond and to distinguish the Current Interest Bonds from any Capital Appreciation Bonds, and shall express upon their faces the purpose, in summary terms, for which they are issued and that they are issued pursuant to the provisions of Chapter 133 of the Revised Code, the City’s Charter, the approval of the electors at the election identified in the first preamble hereto, this Ordinance and the Certificate of Award. The Huntington National Bank is appointed to act as the initial Bond Registrar; provided, however, that the Fiscal Officer is authorized to appoint a different bank or trust company as Bond Registrar in the Certificate of Award after determining that such bank or trust company will not endanger the funds or securities of the City and that proper procedures and safeguards are available for that purpose. The Mayor and the Fiscal Officer shall sign and deliver, in the name and on behalf of the City, the Bond Registrar Agreement, in substantially the form as is now on file with the Clerk of Council. The Bond Registrar Agreement is approved, together with any changes or amendments that are not inconsistent with this Ordinance and not substantially adverse to the City and that are approved by the Fiscal Officer on behalf of the City, all of which shall be conclusively evidenced by the signing of the Bond Registrar Agreement or amendments thereto. The Fiscal Officer shall provide for the payment of the services rendered and for reimbursement of expenses incurred pursuant to the Bond Registrar Agreement from the proceeds of the Bonds to the extent available and then from other money lawfully available and appropriated or to be appropriated for that purpose. No Bond shall be valid or obligatory for any purpose or shall be entitled to any security or benefit under the Bond proceedings unless and until the certificate of authentication printed on the Bond is signed by the Bond Registrar as authenticating agent. Authentication by the Bond Registrar shall be conclusive evidence that the Bond so authenticated has been duly issued, signed and delivered under, and is entitled to the security and benefit of, the Bond proceedings. The certificate of authentication may be signed by any authorized officer or employee of the Bond Registrar or by any other person acting as an agent of the Bond Registrar and approved by the Fiscal Officer on behalf of the City. The same person need not sign the certificate of authentication on all of the Bonds.
Ordinance 25-36 | Page 9 Section 5. Registration; Transfer and Exchange; Book Entry System. (a) Bond Registrar. So long as any of the Bonds remain outstanding, the City will cause the Bond Registrar to maintain and keep the Bond Register at its designated corporate trust office set forth in the Certificate of Award. Subject to the other provisions of this Section and Section 3(d), the person in whose name a Bond is registered on the Bond Register shall be regarded as the absolute owner of that Bond for all purposes of the Bond proceedings. Payment of or on account of the debt charges on any Bond shall be made only to or upon the order of that person; neither the City nor the Bond Registrar shall be affected by any notice to the contrary, but the registration may be changed as provided in this Section. All such payments shall be valid and effectual to satisfy and discharge the City’s liability upon the Bond, including interest, to the extent of the amount or amounts so paid. (b) Transfer and Exchange. Any Bond may be exchanged for Bonds of any Authorized Denomination upon presentation and surrender at the designated corporate trust office of the Bond Registrar, together with a request for exchange signed by the registered owner or by a person legally empowered to do so in a form satisfactory to the Bond Registrar. A Bond may be transferred only on the Bond Register upon presentation and surrender of the Bond at the designated corporate trust office of the Bond Registrar together with an assignment signed by the registered owner or by a person legally empowered to do so in a form satisfactory to the Bond Registrar. Upon exchange or transfer the Bond Registrar shall complete, authenticate and deliver a new Bond or Bonds of any Authorized Denomination or Denominations requested by the owner equal in the aggregate to the unmatured principal amount of the Bond surrendered and bearing interest at the same rate and maturing on the same date. If manual signatures on behalf of the City are required, the Bond Registrar shall undertake the exchange or transfer of Bonds only after the new Bonds are signed by the authorized officers of the City. In all cases of Bonds exchanged or transferred, the City shall sign and the Bond Registrar shall authenticate and deliver Bonds in accordance with the provisions of the Bond proceedings. The exchange or transfer shall be without charge to the owner, except that the City and Bond Registrar may make a charge sufficient to reimburse them for any tax or other governmental charge required to be paid with respect to the exchange or transfer. The City or the Bond Registrar may require that those charges, if any, be paid before the procedure is begun for the exchange or transfer. All Bonds issued and authenticated upon any exchange or transfer shall be valid obligations of the City, evidencing the same debt, and entitled to the same security and benefit under the Bond proceedings as the Bonds surrendered upon that exchange or transfer. Neither the City nor the Bond Registrar shall be required to make any exchange or transfer of (i) Bonds then subject to call for redemption between the 15th day preceding the mailing of notice of Bonds to be redeemed and the date of that mailing, or (ii) any Bond selected for redemption, in whole or in part. (c) Book Entry System. Notwithstanding any other provisions of this Ordinance, if the Fiscal Officer determines in the Certificate of Award that it is in the best interest of and financially advantageous to the City, the Bonds may be issued in book entry form in accordance with the following provisions of this Section. The Bonds may be issued to a Depository for use in a book entry system and, if and so long as a book entry system is utilized, (i) the Bonds may be issued in the form of a single, fully registered Bond representing each maturity and interest rate within a maturity and registered in the name of the Depository or its nominee, as registered owner, and deposited with and maintained in the custody of the Depository or its designated agent which may be the Bond Registrar; (ii) the book entry interest owners of Bonds in book entry form shall not have any right to receive Bonds in the form of physical securities or certificates; (iii) ownership of book entry interests in Bonds in book entry form shall be shown by book entry on the system maintained and operated by the
Ordinance 25-36 | Page 10 Depository and its Participants, and transfers of the ownership of book entry interests shall be made only by book entry by the Depository and its Participants; and (iv) the Bonds as such shall not be transferable or exchangeable, except for transfer to another Depository or to another nominee of a Depository, without further action by the City. If any Depository determines not to continue to act as a Depository for the Bonds for use in a book entry system, the Fiscal Officer may attempt to establish a securities depository/book entry relationship with another qualified Depository. If the Fiscal Officer does not or is unable to do so, the Fiscal Officer, after making provision for notification of the book entry interest owners by the then Depository and any other arrangements deemed necessary, shall permit withdrawal of the Bonds from the Depository, and shall cause Bond certificates in registered form to be authenticated by the Bond Registrar and delivered to the assigns of the Depository or its nominee, all at the cost and expense (including any costs of printing), if the event is not the result of City action or inaction, of those persons requesting such issuance. The Fiscal Officer is hereby authorized and directed, to the extent necessary or required, to enter into any agreements, in the name and on behalf of the City, that the Fiscal Officer determines to be necessary in connection with a book entry system for the Bonds. Section 6. Award and Sale of the Bonds. (a) Original Purchaser Designated in Certificate of Award. The Bonds shall be sold at private sale to the Original Purchaser at a purchase price, not less than 97% of the aggregate principal amount, as shall be determined by the Fiscal Officer in the Certificate of Award, plus accrued interest on the Bonds from their date to the Closing Date, and shall be awarded by the Fiscal Officer with and upon such other terms as are required or authorized by this Ordinance to be specified in the Certificate of Award, in accordance with law and the provisions of this Ordinance. The Fiscal Officer shall sign and deliver the Certificate of Award and shall cause the Bonds to be prepared and signed and delivered, together with a true transcript of proceedings with reference to the issuance of the Bonds, to the Original Purchaser upon payment of the purchase price. The Mayor, the Fiscal Officer, the Director of Law, the Clerk of Council and other City officials, as appropriate, each are authorized and directed to sign any transcript certificates, financial statements and other documents and instruments and to take such actions as are necessary or appropriate to consummate the transactions contemplated by this Ordinance. (b) Primary Offering Disclosure – Official Statement. The Mayor and the Fiscal Officer, on behalf of the City and in their official capacities, are authorized to (i) prepare or cause to be prepared, and make or authorize modifications, completions or changes of or supplements to, an official statement in connection with the original issuance of the Bonds, (ii) determine, and to certify or otherwise represent, when the official statement is to be “deemed final” (except for permitted omissions) by the City or is a final official statement for purposes of Sections (b)(1), (3) and (4) of the Rule, (iii) use and distribute, or authorize the use and distribution of, that official statement and any supplements thereto in connection with the original issuance of the Bonds and (iv) complete and sign that official statement as so approved together with such certificates, statements or other documents in connection with the finality, accuracy and completeness of that official statement as they deem necessary or appropriate. (c) Agreement to Provide Continuing Disclosure. For the benefit of the holders and beneficial owners from time to time of the Bonds, the City agrees to provide or cause to be provided such financial information and operating data, audited financial statements and notices of the occurrence of certain events, in such manner as may be required for purposes of the Rule. The Mayor and the Fiscal Officer are authorized and directed to complete, sign and deliver the
Ordinance 25-36 | Page 11 Continuing Disclosure Agreement, in the name and on behalf of the City, in substantially the form as is now on file with the Clerk of Council. The Continuing Disclosure Agreement is approved, together with any changes or amendments that are not inconsistent with this Ordinance and not substantially adverse to the City and that are approved by the Fiscal Officer on behalf of the City, all of which shall be conclusively evidenced by the signing of the Continuing Disclosure Agreement. The Fiscal Officer is further authorized and directed to establish procedures in order to ensure compliance by the City with its Continuing Disclosure Agreement, including timely provision of information and notices as described above. Prior to making any filing required under the Rule, the Fiscal Officer shall consult with and obtain legal advice from, as appropriate, Bond Counsel or other qualified independent special counsel selected by the City. The Fiscal Officer, acting in the name and on behalf of the City, shall be entitled to rely upon any such legal advice in determining whether a filing should be made. The performance by the City of its Continuing Disclosure Agreement shall be subject to the annual appropriation of any funds that may be necessary to perform it. (d) Application for Ratings or Bond Insurance; Financing Costs. If, in the judgment of the Fiscal Officer the filing of an application for (i) a rating on the Bonds by one or more nationally-recognized rating agencies, or (ii) a policy of insurance from a company or companies to better assure the payment of principal of and interest on all or a portion of the Bonds, is in the best interest of and financially advantageous to the City, the Fiscal Officer is authorized to prepare and submit those applications, to provide to each such agency or company such information as may be required for the purpose, and to provide further for the payment of the cost of obtaining each such rating or policy from the proceeds of the Bonds to the extent available and otherwise from any other funds lawfully available and that are appropriated or shall be appropriated for that purpose. The Fiscal Officer is hereby authorized, to the extent necessary or required, to enter into any commitments or agreements, in the name of and on behalf of the City, that the Fiscal Officer determines to be necessary in connection with obtaining of such ratings or that bond insurance. The expenditure of the amounts necessary to secure that rating or those ratings and to pay the other financing costs (as defined in Section 133.01 of the Revised Code) in connection with the Bonds is authorized and approved, and the Fiscal Officer is authorized to provide for the payment of any such amounts and costs from the proceeds of the Bonds to the extent available and otherwise from any other funds lawfully available that are appropriated or shall be appropriated for that purpose. Section 7. Provisions for Tax Levy. There shall be levied on all the taxable property in the City, in addition to all other taxes, a direct tax annually during the period the Bonds are outstanding in an amount sufficient to pay the debt charges on the Bonds when due, which tax shall not be less than the interest and sinking fund tax required by Section 11 of Article XII of the Ohio Constitution. The tax shall be unlimited as to amount or rate, shall be and is ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers, in the same manner and at the same time that taxes for general purposes for each of those years are certified, levied, extended and collected, and shall be placed before and in preference to all other items and for the full amount thereof. The proceeds of the tax levy shall be placed in the Bond Retirement Fund, which is irrevocably pledged for the payment of the debt charges on the Bonds when and as the same fall due. Section 8. Federal Tax Considerations. The City covenants that it will use, and will restrict the use and investment of, the proceeds of the Bonds in such manner and to such extent as may be necessary so that (a) the Bonds will not (i) constitute private activity bonds or arbitrage bonds under Section 141 or 148 of the Internal Revenue Code of 1986, as amended (the Code), or (ii) be treated other than as bonds the interest on which is excluded from gross income under
Ordinance 25-36 | Page 12 Section 103 of the Code and (b) the interest on the Bonds will not be an item of tax preference under Section 57 of the Code. The City further covenants that (a) it will take or cause to be taken such actions that may be required of it for the interest on the Bonds to be and to remain excluded from gross income for federal income tax purposes, (b) it will not take or authorize to be taken any actions that would adversely affect that exclusion and (c) it, or persons acting for it, will, among other acts of compliance, (i) apply the proceeds of the Bonds to the governmental purpose of the borrowing, (ii) restrict the yield on investment property, (iii) make timely and adequate payments to the federal government, (iv) maintain books and records and make calculations and reports, and (v) refrain from certain uses of those proceeds and, as applicable, of property financed with such proceeds, all in such manner and to the extent necessary to assure such exclusion of that interest under the Code. The Fiscal Officer, or any other officer of the City having responsibility for the issuance of the Bonds is hereby authorized (a) to make or effect any election, selection, designation (including specifically designation of the Bonds as “qualified tax-exempt obligations” if such designation is applicable and desirable, and to make any related necessary representations and covenants), choice, consent, approval or waiver on behalf of the City with respect to the Bonds as the City is permitted or required to make or give under the federal income tax laws, including, without limitation, any of the elections available under Section 148 of the Code, for the purpose of assuring, enhancing or protecting the favorable tax treatment or status of the Bonds or interest thereon or assisting compliance with requirements for that purpose, reducing the burden or expense of such compliance, reducing the rebate amount or payments or penalties, or making payments of special amounts in lieu of making computations to determine, or paying, excess earnings as rebate, or obviating those amounts or payments, as determined by that officer, which action shall be in writing and signed by the officer, (b) to take any and all other actions, make or obtain calculations, make payments, and make or give reports, covenants and certifications of and on behalf of the City, as may be appropriate to assure the exclusion of interest from gross income and the intended tax status of the Bonds, and (c) to give one or more appropriate certificates of the City, for inclusion in the transcript of proceedings for the Bonds, setting forth the reasonable expectations of the City regarding the amount and use of all the proceeds of the Bonds, the facts, circumstances and estimates on which they are based, and other facts and circumstances relevant to the tax treatment of the interest on and the tax status of the Bonds. Each covenant made in this Section with respect to the Bonds is also made with respect to all issues any portion of the debt charges on which is paid from proceeds of the Bonds (and, if different, the original issue and any refunding issues in a series of refundings), to the extent such compliance is necessary to assure exclusion of interest on the Bonds from gross income for federal income tax purposes, and the officers identified above are authorized to take actions with respect to those issues as they are authorized in this Section to take with respect to the Bonds. Section 9. Certification and Delivery of Ordinance and Certificate of Award. The Clerk of Council is directed to deliver or cause to be delivered a certified copy of this Ordinance and a copy of the signed Certificate of Award to the Cuyahoga County Fiscal Officer. Section 10. Satisfaction of Conditions for Bond Issuance. This Council determines that all acts and conditions necessary to be performed by the City or to have been met precedent to and in the issuing of the Bonds in order to make them legal, valid and binding general obligations of the City have been performed and have been met, or will at the time of delivery of the Bonds have been performed and have been met, in regular and due form as required by law; that the full faith and credit and general property taxing power (as described in Section 7) of the City are pledged for the timely payment of the debt charges on the Bonds; and that no statutory or constitutional limitation of indebtedness or taxation will have been exceeded in the issuance of the Bonds.
Ordinance 25-36 | Page 13 Section 11. Retention of Bond and Disclosure Counsel. In connection with the issuance of the Bonds, the legal services of Bond Counsel as bond counsel and disclosure counsel are hereby retained. The legal services shall be in the nature of legal advice and recommendations as to the documents and the proceedings in connection with the issuance and sale of the Bonds and the rendering of the necessary legal opinion upon the delivery of the Bonds. In rendering those legal services, as an independent contractor and in an attorney-client relationship, that firm shall not exercise any administrative discretion on behalf of the City in the formulation of public policy, expenditure of public funds, enforcement of laws, rules and regulations of the State, the City or any other political subdivision, or the execution of public trusts. That firm shall be paid just and reasonable compensation for those legal services and shall be reimbursed for the actual out-of- pocket expenses it incurs in rendering those legal services. The Fiscal Officer is authorized and directed to make appropriate certification as to the availability of funds for those fees and any reimbursement and to issue an appropriate order for their timely payment as written statements are submitted by that firm. Section 12. Retention of Municipal Advisor. In connection with the issuance of the Bonds, the municipal advisory services of the Municipal Advisor are hereby retained. The municipal advisory services shall be in the nature of financial advice and recommendations in connection with the issuance and sale of the Bonds. In rendering those municipal advisory services, as an independent contractor, that firm shall not exercise any administrative discretion on behalf of the City in the formulation of public policy, expenditure of public funds, enforcement of laws, rules and regulations of the State, the City or any other political subdivision, or the execution of public trusts. That firm shall be paid just and reasonable compensation for those municipal advisory services and shall be reimbursed for the actual out-of-pocket expenses it incurs in rendering those municipal advisory services. The Fiscal Officer is authorized and directed to make appropriate certification as to the availability of funds for those fees and any reimbursement and to issue an appropriate order for their timely payment as written statements are submitted by that firm. Section 13. Compliance with Open Meeting Requirements. This Council finds and determines that all formal actions of this Council and of any of its committees concerning and relating to the passage of this Ordinance were taken, and that all deliberations of this Council and of any of its committees that resulted in those formal actions were held, in meetings open to the public in compliance with the law. Section 14. Declaration of Emergency; Effective Date. This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety of the City, and for the further reason that this Ordinance is required to be immediately effective in order to issue and sell the Bonds, which is necessary to make their proceeds available to enable the City to timely retire the Outstanding Notes and thereby preserve its credit; wherefore, this Ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor. PASSED: 1st reading: APPROVED: 2nd reading: 3rd reading: ___________________________________ Michael P. Kilbane, President of Council ___________________________________ Bill Schneider, Mayor ___________________________________ Liz L. Westbrooks, Clerk of Council
FISCAL OFFICER’S CERTIFICATE TO THE COUNCIL OF THE CITY OF FAIRVIEW PARK, OHIO: As fiscal officer of the City of Fairview Park, Ohio I certify in connection with your proposed issue of bonds in the maximum principal amount of $12,900,000 (the Bonds) authorized by the electors of the City at an election on November 7, 2023, for the purpose of rehabilitating, renovating, furnishing, equipping and otherwise improving the Gemini Center and improving and equipping its site (the improvement), that: 1. The estimated life or period of usefulness of the improvement is at least five years. 2. The estimated maximum maturity of the Bonds, calculated in accordance with Section 133.20 of the Revised Code, is 30 years, and the Bonds were approved by the electors with a maximum maturity of 30 years. Direetor of Finance City of Fairview Park, Ohio Dated: May 19, 2025
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Jennifer Pae, Finance Director / HR Manager RE: $12,900,000 City of Fairview Park Recreational Facilities Improvement Bonds, Series 2025 and $3,000,000 City of Fairview Park Sanitary Sewerage System Improvement Notes, Series 2025 DATE: May 19, 2025 The Administration requests passage of the Ordinances below after three readings with emergency enactment. This following legislation allows for two separate debt issuances: AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $12,900,000 FOR THE PURPOSE OF REHABILITATING, RENOVATING, FURNISHING, EQUIPPING AND OTHERWISE IMPROVING THE GEMINI CENTER AND IMPROVING AND EQUIPPING ITS SITE, AND DECLARING AN EMERGENCY AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOT TO EXCEEED $3,000,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING COSTS OF IMPROVING THE CITY’S SANITARY SEWERAGE SYSTEM BY CONSTRUCTING AND IMPROVING SANITARY AND STORM SEWERS AND RELATED SANITARY AND DRAINAGE FACILITIES, AND DECLARING AN EMERGENCY. The first is for the issuance of 30-year bonds in an amount not to exceed $12,900,000 to retire the City’s outstanding one-year bond anticipation notes issued in November 2024 related to the Gemini Center Rehabilitation Project (the Project). A property tax levy (Issue 55) was approved by voters on November 7, 2023, to support the annual debt service related to the repayment of these bonds going forward. The second is for the issuance of one-year bond anticipation notes (BANs) to finance the City’s portion of the following projects, as discussed during the 2025 budget hearings: • Woodstock Sewer Replacement • Coe Creek Erosion Abatement • Stanford Sewer Replacement
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org • West 225th Sewer Repair • West 227th Pump Station Design • West Valley Pump Station • Equalization Tank Planning & Design • Story Road Outfall Once these projects are finalized and the actual costs are known, the City will enter into long-term debt supported by sewer rate collections. Thank you for your consideration and we look forward to discussing this further in committee. cc: Bill Schneider, Mayor A Steven Dever, Director of Law Liz Westbrooks, Clerk of Council
Ordinance 25-37 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25-37 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN KING AN ORDINANCE LEVYING SPECIAL ASSESSMENTS FOR COLLECTION OF THE MONTHLY CHARGE FOR COLLECTION OF SOLID WASTE IN THE CITY OF FAIRVIEW PARK, OHIO FOR THE TAX YEAR 2025 AND DECLARING AN EMERGENCY WHEREAS, the City of Fairview Park (“City”) has levied special assessments for the collection of refuse in the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That the cost and expense of solid waste collection for the tax year 2025 (collection year 2026) in the amount of one hundred fifty-six dollars ($156.00) per year per residential parcel for the tax year, as reported to the Finance Director and now on file in the office of the Finance Director; be and the same is hereby adopted and confirmed, and that for the tax year 2025 (collection year 2026), there be and are hereby levied and assessed upon each residential parcel that is subject to collection of solid waste by the City’s vendor, the amount reported as aforesaid, which are not in excess of any statutory limitation; and said properties are hereby determined to be specially benefited by said service. SECTION 2. That the assessment collections shall be deposited into and refuse collection services are to be paid out of the City’s Solid Waste Fee Fund (Fund 255). SECTION 3. That this Council hereby finds and determines that the assessments now on file in the office of said Director are in the same proportion to the previous assessments as originally filed, related to the cost of the above-described service and the cost of the service as originally filed. SECTION 4. All assessments shall be certified by the Clerk of Council to the County Fiscal Officer as provided by law, to be placed on the tax duplicate and collected as other taxes are collected. SECTION 5. That the Clerk of this Council shall cause a notice of the passage of this Ordinance to be published once in a newspaper of general circulation in this City, and to continue on file in this office of said assessments. SECTION 6. That the Clerk of this Council is hereby directed to deliver a certified copy of this Ordinance to the County Fiscal Officer no later than September 8, 2025.
Ordinance 25-37 | Page 2 SECTION 7. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 8. That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety and welfare and provide for the services in a timely manner, and for the further reason that it is necessary to provide funds for solid waste collection to protect the health, convenience, and welfare of the inhabitants of the City of Fairview Park and, provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 05.19.25 APPROVED: 2nd reading: 3rd reading: ____________________________________ Michael P. Kilbane, President of Council ____________________________________ Bill Schneider, Mayor ____________________________________ Liz L. Westbrooks, Clerk of Council
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Jennifer Pae, Finance Director / HR Manager RE: 2025 Tax Year (2026 Collection Year) Solid Waste Collection and Street Lighting Special Property Tax Assessments, and the extension of Solid Waste Collection charges expiration date. DATE: May 19, 2025 The Administration requests passage of the following three related pieces of legislation in three readings with emergency enactment: AN ORDINANCE LEVYING SPECIAL ASSESSMENTS FOR COLLECTION OF THE MONTHLY CHARGE FOR COLLECTION OF SOLID WASTE IN THE CITY OF FAIRVIEW PARK, OHIO FOR THE TAX YEAR 2025 AND DECLARING AN EMERGENCY AN ORDINANCE AMENDING SECTION 929.06 OF CHAPTER 929 ENTITLED, "SOLID WASTE COLLECTION CHARGES" OF THE CODIFIED ORDINANCES OF THE CITY OF FAIRVIEW PARK AND DECLARING AN EMERGENCY AN ORDINANCE LEVYING SPECIAL ASSESSMENTS FOR THE IMPROVEMENT OF ALL OF THE STREETS OF FAIRVIEW PARK, OHIO PROVIDING AND SUPPLYING SAID STREETS WITH ELECTRIC STREET LIGHTING FOR THE TAX YEAR 2025 AND DECLARING AN EMERGENCY Every year the City of Fairview Park (“City”) must provide legislation for the Cuyahoga County Fiscal Office to certify each residential permanent parcel number to permit the assessment for solid waste collection fees as permitted by Section 929 of the City of Fairview Park Codified Ordinances, in which each residential unit is levied $156 per year ($13 a month). The additional Ordinance is needed to update that section to extend the expiration of those charges to December 31, 2026. The City also assesses city properties, both residential and commercial, on a percentage amount not to exceed $300,000 for the entire City based on each property’s prior year total property tax amount which assists with the payment of the street lighting electrical costs.
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org The 2025 tax year solid waste collection fees and street lighting assessments will be placed on the respective property owner’s 2026 property tax bill by Cuyahoga County, which will collect the amounts permitted through these Ordinances, and then remit those assessments to the City which will assist in paying for the costs incurred for these respective services. Thank you for your consideration and look forward to discussing this in committee. cc: Bill Schneider, Mayor A. Steven Dever, Director of Law Liz Westbrooks, Clerk of Council
Ordinance 25-38 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25-38 ORGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN KING AN ORDINANCE LEVYING SPECIAL ASSESSMENTS FOR THE IMPROVEMENT OF ALL OF THE STREETS OF FAIRVIEW PARK, OHIO PROVIDING AND SUPPLYING SAID STREETS WITH ELECTRIC STREET LIGHTING FOR THE TAX YEAR 2025, AND DECLARING AN EMERGENCY WHEREAS, the City of Fairview Park has levied special assessments to supply streets in the City of Fairview Park with electric lighting. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That the assessment of the cost and expense of improving all of the streets in the City of Fairview Park, Ohio, by providing and supplying said streets with electric lighting for the tax year 2025 (collection year 2026), in the approximate aggregate amount of $300,000 for each said tax year, as reported to the Finance Director and now on file in the office of the Finance Director; be and the same is hereby adopted and confirmed, and that for the tax year 2025 (collection year 2026), these be and are hereby levied and assessed upon the lots, lands and property bounding and abutting on said streets, or parts thereof, and served by said street lighting, the several amounts reported as aforesaid, which assessments are in proportion to the tax value thereof, and are not in excess of any statute of limitation; and said lots, lands and property are hereby determined to be specially benefited by said improvement. SECTION 2. That the remainder of the entire cost of said improvement shall be paid out of the Street Lighting Fund (Fund 250) of the City of Fairview Park. SECTION 3. That this Council hereby finds and determines that the assessments now on file in the office of said Director are in the same proportion to the estimated assessments as originally filed as the actual cost of the above-described improvement is to the estimated cost of the improvement as originally filed. SECTION 4. All assessments shall be certified by the Clerk of Council to the County Fiscal Officer as provided by law, to be placed on the tax duplicate and collected as other taxed are collected. SECTION 5. That the Clerk of this Council shall cause a notice of the passage of this Ordinance to be published once in a newspaper of general circulation in this City, and to continue on file in this office of said assessments. SECTION 6. That the Clerk of this Council is hereby directed to deliver a certified copy of this Ordinance to the County Fiscal Officer no later than September 8, 2025.
Ordinance 25-38 | Page 2 SECTION 7. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 8. That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety and welfare; and for the further reason that it is necessary to provide funds for street lighting installation and maintenance lighting of the aforesaid streets to protect the health, convenience, and welfare of the inhabitants of the City of Fairview Park, and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 05.19.25 APPROVED: 2nd reading: 3rd reading: ____________________________________ Michael P. Kilbane, President of Council ____________________________________ Bill Schneider, Mayor ____________________________________ Liz L. Westbrooks, Clerk of Council
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Jennifer Pae, Finance Director / HR Manager RE: 2025 Tax Year (2026 Collection Year) Solid Waste Collection and Street Lighting Special Property Tax Assessments, and the extension of Solid Waste Collection charges expiration date. DATE: May 19, 2025 The Administration requests passage of the following three related pieces of legislation in three readings with emergency enactment: AN ORDINANCE LEVYING SPECIAL ASSESSMENTS FOR COLLECTION OF THE MONTHLY CHARGE FOR COLLECTION OF SOLID WASTE IN THE CITY OF FAIRVIEW PARK, OHIO FOR THE TAX YEAR 2025 AND DECLARING AN EMERGENCY AN ORDINANCE AMENDING SECTION 929.06 OF CHAPTER 929 ENTITLED, "SOLID WASTE COLLECTION CHARGES" OF THE CODIFIED ORDINANCES OF THE CITY OF FAIRVIEW PARK AND DECLARING AN EMERGENCY AN ORDINANCE LEVYING SPECIAL ASSESSMENTS FOR THE IMPROVEMENT OF ALL OF THE STREETS OF FAIRVIEW PARK, OHIO PROVIDING AND SUPPLYING SAID STREETS WITH ELECTRIC STREET LIGHTING FOR THE TAX YEAR 2025 AND DECLARING AN EMERGENCY Every year the City of Fairview Park (“City”) must provide legislation for the Cuyahoga County Fiscal Office to certify each residential permanent parcel number to permit the assessment for solid waste collection fees as permitted by Section 929 of the City of Fairview Park Codified Ordinances, in which each residential unit is levied $156 per year ($13 a month). The additional Ordinance is needed to update that section to extend the expiration of those charges to December 31, 2026. The City also assesses city properties, both residential and commercial, on a percentage amount not to exceed $300,000 for the entire City based on each property’s prior year total property tax amount which assists with the payment of the street lighting electrical costs.
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor _________________________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org The 2025 tax year solid waste collection fees and street lighting assessments will be placed on the respective property owner’s 2026 property tax bill by Cuyahoga County, which will collect the amounts permitted through these Ordinances, and then remit those assessments to the City which will assist in paying for the costs incurred for these respective services. Thank you for your consideration and look forward to discussing this in committee. cc: Bill Schneider, Mayor A. Steven Dever, Director of Law Liz Westbrooks, Clerk of Council
Ordinance 25-__ | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25- ORIGINATED BY: KIM KERBER, CITY ENGINEER REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILMAN MINEK CO-SPONSORED BY: COUNCILMEMBERS KING, MANN and GREENFIELD AN ORDINANCE AUTHORIZING THE MAYOR TO RE-ADVERTISE FOR BIDS AND THE MAYOR TO ENTER INTO A CONTRACT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER AS DETERMINED BY THE BOARD OF CONTROL FOR SEWER REPAIR WORK IN THE CITY AND DECLARING AN EMERGENCY WHEREAS, City Council passed Ordinance 25-17 on April 7, 2025 authorizing the Mayor to enter into a contract with the lowest responsive and responsible bidder for sewer repair work; and WHEREAS, due to the estimated costs being significantly higher than the engineer’s estimate, the City did not receive any bids for the sewer work project; and WHEREAS, after receiving feedback from contractors, the City Engineer has estimated the need for an additional two hundred seventy thousand dollars ($270,000.00) for the sewer repair work. The total re-estimated construction cost is five hundred twenty thousand dollars ($520,000.00). NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That the Mayor is hereby authorized to re-advertise for and accept bids for the repair of City sewers selected by the City Engineer and Service Director including West 225 Street between Mildred Avenue and Morton Avenue. SECTION 2. That the Mayor is authorized to enter a contract with the lowest most responsive and responsible bidder as determined by the Board of Control for sewer repairs, in an amount not to exceed five hundred twenty thousand dollars ($520,000.00), which includes contingency, to be paid from the Sanitary Sewer Fund (Fund 510). (Exhibit A) SECTION 3. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements.
Ordinance 25-__ | Page 2 SECTION 4. That this Ordinance is hereby declared to be an emergency measure, necessary for the immediate preservation of the public peace, health, safety, welfare and West 225 Street was previously identified as needing immediate repair and further delay may result in stoppage of sewer service; and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law. PASSED: 1st reading: APPROVED: 2nd reading: 3rd reading: _________________________________ Michael P. Kilbane, President of Council _________________________________ Bill Schneider, Mayor _________________________________ Liz L. Westbrooks, Clerk of Council
WEST 225TH STREET SEWER REPAIR PRELIMINARY ESTIMATE OF PROBABLE COSTS CITY OF FAIRVIEW PARK, OHIO June 11, 2025 STREET Type of Work APPROXIMATE LENGTH OF REPAIR (L.F.) ESTIMATE OF PROBABLE COST West 225th Street (Mildred to Morton) Sewer Repairs at locations determined by the Engineer and Service Director based on CCTV $470,000.00 Sub-total $470,000.00 Contingency $50,000.00 Sub-total Preliminary Estimate of Probable Construction Cost $520,000.00 Preliminary Estimate of Engineering & Construction Administration Cost $30,500.00 ($1000 to MSG for copies/$1000 directly to Cleveland.com for advertising) Copy and Advertising Cost $3,000.00 GRAND TOTAL $553,500.00 1. All repair costs and repair quantities may change. 2. Prices are taken from estimates from County and Contractor FP West 225th St Sewer Repair.xlsx
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor ____________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council FROM: Kim Kerber, City Engineer RE: Emergency Memo - Ordinance for Sewer Repair DATE: June 16, 2025 The Administration of the City of Fairview Park (“City”) requests the passage of the following Ordinance as an emergency with the first and final reading on June 16, 2025 with emergency enactment: AN ORDINANCE AUTHORIZING THE MAYOR TO RE-ADVERTISE FOR BIDS AND THE MAYOR TO ENTER INTO A CONTRACT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER AS DETERMINED BY THE BOARD OF CONTROL FOR SEWER REPAIR WORK IN THE CITY AND DECLARING AN EMERGENCY Ordinance 25-17 authorized $250,000 for the West 225th Street sewer repairs; however, The City received no bids for the project on May 2, 2025 when the bids were scheduled to be open. The City Engineer contacted one of the plan holders to ask them why they did not provide a bid and they said that their estimated costs were significantly higher than the engineer’s estimate. After that, Director Hitch reached out to the County and to another contractor to have them prepare quotes for the work. The prices from the county and contractor also came back significantly higher than the estimate. The prices for material and labor have significantly increased this year. Additionally, some of the repairs that were initially proposed to be completed were small sections of mainline pipe that had moderate defects. These small sections of pipe are difficult to repair and require more effort from the contractor. We were trying to be proactive to repair both moderate and severe defects
while we had a contractor on site. It is difficult to predict when these increases will occur when we are estimating costs for projects. We do look at last year’s pricing and add some increases to those prices for the current year, but sometimes we don’t add enough increase. The City Engineer has revised the plans to only repair the severely deteriorated section of pipe (both storm and sanitary because of their configuration); however, the engineer’s estimate is more than the original ordinance authorized. The City Engineer would like to request an additional $270,000.00 for these repairs ($520,000.00 total). The Administration is requesting that this be passed on First Read at the June 16, 2025 meeting so the sewer repair work can begin as soon as possible. Funds have been budgeted in the Sanitary Sewer Fund (Fund 510) for sewer projects in 2025 cc: A. Steven Dever, Law Director Kevin Bridegum, Service Commissioner Jennifer Pae, Finance Director/HR Manager Liz Westbrooks, Clerk of Council
Ordinance 25-41| Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25-41 REQUESTED BY: BILL SCHNEIDER, MAYOR SPONSORED BY: COUNCILWOMAN WERING AN ORDINANCE ADDING CHAPTER 704 ENTITLED, “SHORT-TERM RENTALS” TO TITLE SEVEN-BUSINESS REGULATION CODE AND DECLARING AN EMERGENCY WHEREAS, the Mayor and Michael Kilbane, Council President have recommended an additional Code to prohibit short term rentals in residential districts within Fairview Park; and WHEREAS, the Mayor and this Council find that it is in the best interest of the health, safety, and well-being of the public, including the owners, occupants and neighboring property owners of properties in the City of Fairview Park to prohibit short-term rentals of residential units; and WHEREAS, short-term rentals offer transient sleeping accommodations to guests for compensation and are a commercial activity directly analogous to the service offered by hotels, however, unlike hotels, short-term rentals are currently not licensed or otherwise regulated by the state, such regulation instead being left to local governments; and WHEREAS, regulation of short-term rentals requires comprehensive regulations, licensure, and accompanying inspections to ensure they operate in accordance with the health and safety of their guests, adjacent properties, and in accordance with all applicable building and fire codes; and WHEREAS, short-term rentals may require increased calls for service from emergency responders; and WHEREAS, short-term rentals may introduce commercial ·activity into zoning 'districts whose property owners reasonably expect will be free of any such adjacent commercial activity; and WHEREAS, the City of Fairview Park has never permitted short-term rentals in the city but is aware this commercial activity has taken place despite it not being permitted pursuant to the Zoning Code, or any other City Codes; and WHEREAS, Short-term rentals, by their existence, contribute to the destruction of our communities by removing families from neighborhoods, creating gaps in housing whereas none were designed to be. Short-term rentals contribute to the housing crisis, removing residential housing stock from a fully expanded municipality and decreasing our population.
Ordinance 25-41| Page 2 WHEREAS, Fairview Park wishes to protect residents who have made our city their home. Short-term rentals destroy community cohesion by providing a convenient income generating tool to landlords, driving long-term renters from their homes through the non-renewal of leases without lessee infraction in favor of higher income generating transient tenants. Short-term rentals have removed amenities once held by individuals who have continually made communities their home and have provided these amenities to short-term renters. WHEREAS, Fairview Park supports the building of long-term communities and is not a vacation destination. WHEREAS, Fairview Park spent decades removing motels and in no way wishes to allow that enterprise to return. WHEREAS, Short-term rentals do not add families to our school district. WHEREAS, the Council finds and determines that zoning controls have not been adequately effective in deterring this non-permitted commercial activity; and WHEREAS, in order to better address this prohibited activity, the Council determines that business regulations directly addressing the activity are necessary; and WHEREAS, pursuant to the Charter and plenary power conferred by §§ 3 and 7 of Article XVIII of the Ohio Constitution, the Council finds that it is in furtherance of the public health, safety, and welfare to enact business regulations prohibiting short-term rental activities in the City of Fairview Park. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: Section 1. That new Chapter 704, entitled, “Short-Term Rentals” of Title Seven Business Regulation Code of the Codified Ordinances of the City of Fairview Park be and is hereby enacted to read in its entirety as follows: 704.01 DEFINITIONS. As used in this chapter, the following words and phrases shall be defined as follows: (a) “Booking service" means any mechanism that provides for or facilitates a transaction between a short-term rental host and a potential short-term rental guest for the purpose of reserving or renting a guestroom for a fee, and for which a hosting platform collects or receives, directly or indirectly, any compensation in connection with the reservation. Such compensation may be remitted to the short-term rental host or the hosting platform.
Ordinance 25-41| Page 3 (b) "Dwelling" means any structure or shelter, whether of residential or commercial design and whether of permanent or temporary construction, used, or attempted to be used, as a short-term rental. This means every establishment kept, used, maintained, advertised, or held out to the public to be a place where sleeping accommodations are offered to guests, whether such rooms are in one or several structures. (c) "Guestroom" means a room or other space offered to the public for a fee that contains provisions for sleeping. (d) "Hosting platform" means an entity that participates in the short-term rental business/industry by providing for or facilitating a booking service through a website/application whereby a short-term rental host may offer, list, advertise, or market a short-term rental to a potential short-term rental guest. (e) "Owner" means the owner(s) of record as shown on the current tax list of the county auditor or a mortgagee(s) in possession. If an Owner is a business entity, such as a corporation, limited liability company, firm, partnership, association, organization and any other group acting as a unit, such business entity1 s officer(s), employee(s), and agent(s) having control of the property shall be an "owner" within the meaning of this definition. (f) “Person" means every natural person, corporation, limited liability company, partnership, limited partnership, Joint venture, unincorporated association, estate, trust, or any other commercial or non-commercial entity or organization. (g) "Short-term rental guest" means a person who reserves a guestroom I wholly or partly, from a short-term rental host for any form of consideration, for less than thirty (30) consecutive days. (h) "Short-term rental host" means the owner or permanent occupant who permits, offers, lists, markets, or advertises a short-term rental on a hosting platform or other medium and receives a fee as compensation. (i) “Short-term rental” means any establishment offering less than five rooms for the accommodation of guests, which is rented for a fee for less than thirty (30) consecutive days and not less than twenty-four (24) hours, whether such rooms are in one or several structures. 704.02 STATEMENT OF PURPOSE AND INTENT. Short-term rentals offer transient sleeping accommodations to guests for compensation and are a commercial activity directly analogous to the service offered by hotels. Unlike hotels, short-term rentals are not licensed or otherwise regulated by the state. The regulation of
Ordinance 25-41| Page 4 short-term rentals therefore is left to local governments. Regulation of short-term rentals requires comprehensive regulations, licensure, and. accompanying inspection to ensure they operate in accordance with the health and safety of their guests, adjacent properties, and in accordance with all applicable building and fire codes. Short-term rentals may require increased calls for service from emergency responders. Short-term rentals may introduce commercial activity into zoning districts whose property owners reasonably expect will be free of any such adjacent commercial activity. The City of Fairview Park therefore prohibits the operation of short-term rentals as contrary to the public peace, safety, and general welfare. 704.03 SHORT-TERM RENTALS PROHIBITED. (a) No person shall engage in, conduct, or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises in the City a short-term rental. (b) No hosting platform shall engage in, conduct, or carry on, or permit to be engaged in, conducted or carried on, as related to any premises in the City the offering of a short-term rental. (b) It shall be prima facie evidence of a violation of this· section for any person to engage in, conduct, or carry on, or permit to be engaged in, conducted or carried on, for any premises in the City the offering, listing, advertisement or marketing of a short-term rental on any website, application, digital or paper medium for the purpose of offering to reserve or rent the short-term rental. 704.04 PENALTIES. (a) Any person who violates§ 704.03(a) shall be guilty of a misdemeanor of the fourth degree. Each day a violation of§ 704.03(a) occurs shall be a separate offense. An offender who has been previously convicted of or pleaded guilty to a violation of § 704.03(a) is guilty of a misdemeanor of the first degree. This is a strict liability offense. Any entity convicted under this section shall be subject to organizational criminal liability as contemplated by § 501.11 of the Codified Ordinances. In addition, all gross revenue or compensation from a reservation(s) or rental(s) that is obtained in violation of § 752.03(a) shall be remitted to the City, subject to local and state laws governing forfeiture. (b) Any person who violates § 704.03(b) shall be guilty of an unclassified misdemeanor and shall be fined not more than two hundred fifty dollars ($250.00). Each day a violation of§ 752.03(a) occurs shall be a separate offense. Any offender who has been previously convicted of or plead guilty to a vIolat1on of 704.03(b) is guilty of a misdemeanor of the third degree. This is a strict liability offense. Any entity convicted under this section shall be subject to organizational criminal liability as contemplated by §501.11 of the Codified Ordinances.
Ordinance 25-41| Page 5 SECTION 2. That Part Seven, Business Regulation Code, of the Codified Ordinances of the City of Fairview Park, as amended, be and the same is hereby amended with the enactment of new Chapter 704 and § 704.0 l, 704.02, 704.03, and 704.04, the full text is and shall be set forth herein. SECTION 3. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that, except as otherwise provided by §121.22 of the Ohio Revised Code, all deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 4. That in case of conflict between any provision of this Ordinance and any other ordinance or resolution, or part thereof, the provisions of this Ordinance shall prevail and apply, unless a conflicting provision is deemed to be more restrictive. SECTION 5. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council; and that all deliberations of this Council, and any of its committees, that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 6. That this Ordinance is hereby declared an emergency measure necessary for the immediate preservation of the public peace, property, health, safety, and welfare of the City, and for the further reason that it is immediately necessary in order to regulate and enforce the prohibition of short-term rentals in residential districts. Therefore, provided this Ordinance receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 06.09.25 APPROVED: 2nd reading: 3rd reading: ____________________________________ Michael P. Kilbane, President of Council ____________________________________ Bill Schneider, Mayor ____________________________________ Liz L. Westbrooks, Clerk of Council
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor ____________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council ORIGINATED BY: A. Steven Dever, Law Director FROM: Mayor Bill Schneider RE: Emergency Memo - Add Codified Ordinance Chapter 704 “Short- term Rentals” DATE: June 16, 2025 The Administration of the City of Fairview Park (“City”) requests the passage of the following Ordinance as an emergency with the second and final reading on June 16, 2025 with emergency enactment: AN ORDINANCE ADDING CHAPTER 704 “SHORT-TERM RENTALS” TO TITLE SEVEN – BUSINESS REGULATION CODE TO THE CODIFIED ORDINANCES OF THE CITY OF FAIRVIEW PARK, OH AND DECLARING AN EMERGENCY The Administration is recommending an additional Code to the City’s Codified Ordinances to prohibit short-term rentals in residential districts within the City. Short-term rentals offer transient sleeping accommodations to guests for compensation and are a commercial activity directly analogous to the service offered by hotels. However, unlike hotels, short-term rentals are currently not licensed or otherwise regulated by the state, such regulation instead being left to local governments. The City of Fairview Park wishes to protect residents who have made our city their home. Short- term rentals destroy community cohesion by providing a convenient income generating tool to landlords, driving long-term renters from their homes through the non-renewal of leases without lessee infraction in favor of higher income generating transient tenants.
Short-term rentals, by their existence, contribute to the destruction of our communities by removing families from neighborhoods, creating gaps in housing whereas none were designed to be. Short-term rentals contribute to the housing crisis, removing residential housing stock from a fully expanded municipality and decreasing our population Due to pending legislation in the State of Ohio which would not allow municipalities to pass their own legislation regarding short-term rentals, this Ordinance provides the opportunity to preempt the state’s short-term rental legislation. In the future, the Council or Administration could pass legislation to change the Code to allow for short-term rentals. cc: A. Steven Dever, Law Director Walter Maynard, Building Commissioner Liz Westbrooks, Clerk of Council
Ordinance 25-40 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25-40 ORGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN KING CO-SPONSORED B Y: COUNCILMAN MINEK AN ORDINANCE AUTHORIZING THE SUBMISSION OF AN APPLICATION TO CUYAHOGA COUNTY FOR THE 2026 MUNICIPAL GRANT PROGRAM AND AUTHORIZING THE MAYOR TO ACCEPT ANY AWARDED GRANT FUNDS AND FILE ALL DOCUMENTS AND EXECUTE ALL AGREEMENTS NECESSARY TO RECEIVE ANY AWARDED GRANT FUNDS AND DECLARING AN EMERGENCY WHEREAS, Cuyahoga County will be soliciting applications for the 2026 Municipal Grant Program (“Program”), which is funded by the U.S. Department of Housing and Urban Development’s (“HUD”) Community Development Block Grant (“CDBG”) and provides grant funding on a competitive basis for a variety of eligible projects to help strengthen cities and improve the quality of life for County residents; and WHEREAS, the City of Fairview Park (“City”) intends to apply to Cuyahoga County for funding through the Program to implement a community development project; and WHEREAS, the City will hold a public hearing for said grant funding to solicit public input on June 9, 2025; and WHEREAS, the Program provides one hundred percent (100%) reimbursement for eligible project costs in an amount not to exceed one hundred fifty thousand dollars ($150,000), requiring the applicant to first expend funds and then request reimbursement from Cuyahoga County; and WHEREAS, funding through the Program is restricted to areas within the City designated as Improvement Target Areas (“ITA”) or Low- and Moderate-Income (“LMI”) areas, or for projects that benefit a Limited Clientele population; and WHEREAS, legislation supporting and authorizing the application is required to receive funding; and WHEREAS, the Program is federally funded and all activities are subject to applicable federal rules and requirements, including but not limited to federal prevailing wage requirements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That City Council hereby supports the submission of the City’s 2026 Municipal Grant Program application.
Ordinance 25-40 | Page 2 SECTION 2. That the Mayor and City Administration are authorized to submit the grant application. SECTION 3. That the City’s request for funding in the amount of one hundred fifty thousand dollars ($150,000) will be paid on a reimbursement basis. SECTION 4. That the Mayor and City Administration are authorized to file all documents and execute all agreements necessary to accept the award and receive any grant funds. SECTION 5. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 6. That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of public peace, health, safety and welfare; and for further reason that authorizing legislation must be submitted by the grant application deadline of July 15, 2025; and provided it receives an affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise from and after the earliest period allowed by law. PASSED: 1st reading: 06.02.25 APPROVED: 2nd reading: 3rd reading: __________________________________ Michael P. Kilbane, President of Council ___________________________________ Bill Schneider, Mayor ___________________________________ Liz L. Westbrooks, Clerk of Council
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor ____________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council ORIGINATED BY: Megan Otter, Assistant Development Planner FROM: Mayor Bill Schneider RE: Cuyahoga County - 2026 Municipal Grant Application DATE: June 2, 2025 The Administration of the City of Fairview Park (“City”) requests the passage of the following Ordinance as an emergency with the first reading on June 2, 2025, and second and final reading on June 16, 2025 with emergency enactment. AN ORDINANCE AUTHORIZING THE SUBMISSION OF AN APPLICATION TO CUYAHOGA COUNTY FOR THE 2026 MUNICIPAL GRANT PROGRAM AND AUTHORIZING THE MAYOR TO ACCEPT ANY AWARDED GRANT FUNDS AND FILE ALL DOCUMENTS AND EXECUTE ALL AGREEMENTS NECESSARY TO RECEIVE ANY AWARDED GRANT FUNDS AND DECLARING AN EMERGENCY The Administration respectfully requests passage of the Ordinance as an emergency to allow for the submission of authorizing legislation for the Cuyahoga County 2026 Municipal Grant Program by the deadline of July 15, 2025. Per the requirement of the application, the Administration will also be conducting a public meeting for the Grant Program at 6:30 PM on June 9, 2025 before the Council Committee meeting to describe the project proposed and obtain public participation. cc: Bryan Hitch, Director of Service A. Steven Dever, Law Director Jennifer Pae, Finance Director/HR Manager Liz Westbrooks, Clerk of Council
Ordinance 25-__ | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25- ORIGINATED BY: BRYAN HITCH, SERVICE DIRECTOR REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN KING CO-SPONSORED BY: COUNCILMAN MINEK AN ORDINANCE AUTHORIZING THE ADMINISTRATION TO CONTRACT WITH C&K INDUSTRIAL SERVICES, INC. FOR STORM AND SANITARY SEWER SERVICES AND DECLARING AN EMERGENCY WHEREAS, C&K Industrial Services, Inc. has been cleaning and televising the storm and sanitary sewers in the City of Fairview Park (“City”) since March 2025; and WHEREAS, the Director of Service would like to contract with C&K Industrial Services, Inc. for additional cleaning and televising of the City’s sewer system; and WHEREAS, funding in support of this sewer work was included in the 2025 budget and the Mayor and Service Director request authorization to allocate funding to C&K Industrial Services, Inc. to perform additional storm and sanitary sewer cleaning and televising as necessary within the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That the Director of Finance for the City of Fairview Park is hereby authorized to allocate funding to C&K Industrial Services, Inc. to perform storm and sanitary sewer cleaning and televising as necessary in an amount not to exceed one hundred thousand dollars ($100,000.00). SECTION 2. That the storm and sanitary sewer work as provided by C&K Industrial Services, Inc. shall be paid from the Sanitary Sewer Fund (Fund 510). SECTION 3. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were in an open meeting of this Council, and that all deliberations of this Council and any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 4. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare; and in order to provide the community proper sewer services in a timely, efficient and economical means, and provided it receives the affirmative vote of a majority plus one of the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise from and after the earliest period allowed by law.
Ordinance 25-__ | Page 2 PASSED: 1st reading: APPROVED: 2nd reading: 3rd reading: __________________________________________ Michael P. Kilbane, President of Council __________________________________________ Bill Schneider, Mayor __________________________________________ Liz L. Westbrooks, Clerk of Council
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor ____________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President Kilbane and Members of City Council ORIGINATED BY: Bryan Hitch, Service Director FROM: Mayor Bill Schneider RE: Ordinance to Contract with C&K Industrial Services, Inc. for Sewer Services DATE: June 16, 2025 The Administration of the City of Fairview Park (“City”) requests the passage of the following Ordinance as an emergency with the first and final reading on June 16, 2025 or a first reading at the June 16 Council Meeting and a final reading/passage at a Special Council Meeting before or after the June 23 Council Committee Meeting with emergency enactment. AN ORDINANCE AUTHORIZING THE ADMINISTRATION TO CONTRACT WITH C&K INDUSTRIAL SERVICES, INC. FOR STORM AND SANITARY SEWER SERVICES AND DECLARING AN EMERGENCY C&K Industrial Services, Inc. has been cleaning and televising the storm and sanitary sewers in the City of since March 2025. The Director of Service would like to contract with C&K Industrial Services, Inc. for additional cleaning and televising the City’s sewer system. Funding for this sewer work was included in the 2025 budget. The Administration request authorization to allocate funding in an amount not to exceed on hundred thousand dollars ($100,000.00) to C&K Industrial Services, Inc. to perform additional storm and sanitary sewer cleaning and televising as necessary within the City. All costs are to be paid from the Sanitary Sewer Fund (Fund 510). Because the Council will be on summer recess, the Administration is requesting a first and final reading/passage on June 16 or a first reading at the June 16 Council Meeting and a final
reading/passage at a Special Council Meeting before or after the June 23 Council Committee Meeting. cc: A. Steven Dever, Law Director Kevin Bridegum, Service Commissioner Jennifer Pae, Finance Director/HR Manager Liz Westbrooks, Clerk of Council