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NOTICE OF SPECIAL MEETING OF CITY COUNCIL Council Office, Fairview Park, Ohio DATE: July 1, 2025 TO: Mayor Schneider and Members of City Council YOU ARE HEREBY NOTIFIED THAT A SPECIAL COUNCIL MEETING HAVE BEEN REQUESTED BY COUNCIL PRESIDENT KILBANE FOR THE PURPOSE(S) OF: _________________________________________________________________________________________ Legislation on for Passage Without Three Readings COUNCILMAN MINEK ORD. 25-__ Approving Increase for Contract for West 225 Street Sewer Repair COUNCILWOMAN KING RES. 25-__ Placing Fire Levy Renewal on November 2025 Ballot COUNCILWOMAN MANN ORD. 25-__ Authorizing Bohlken Playground Equipment Disposal _____________________________________________________________________________________ THIS SPECIAL MEETING WILL BE HELD ON THE 2nd DAY OF JULY, 2025, IN City Hall COUNCIL CHAMBERS, 3RD FLOOR, 20777 LORAIN ROAD, FAIRVIEW PARK, OH 44126 IMMEDIATELY FOLLOWING THE SPECIAL COMMITTEE MEETING AT 6:30PM. ________________________________________________________________________ ___________________ __Michael P. Kilbane_ __ Councilmember President of Council ___________________ __Liz L. Westbrooks____ Councilmember Clerk of Council ___________________ Councilmember MONDAY, JULY 2, 2025 SPECIAL COMMITTEE MEETING – 6:30 PM SPECIAL COUNCIL MEETING – immediately following Committee CITY HALL - COUNCIL CHAMBERS SPECIAL COMMITTEE MEETING MEETING CALLED TO ORDER ROUNDTABLE ORD. 25-__ Authorizing Bohlken Playground Equipment Disposal SPECIAL COUNCIL MEETING MEETING CALL TO ORDER | MOMENT OF SILENT PRAYER | PLEDGE OF ALLEGIANCE ROLL CALL WRITTEN COMMUNICATIONS, PETITIONS AND CLAIMS ~ LEGISLATIVE AGENDA ~ AUDIENCE INPUT ON LEGISLATION UP FOR PASSAGE LEGISLATION UP FOR PASSAGE WITHOUT THREE READINGS COUNCILMAN MINEK ORD. 25-__ Approving Increase for Contract for West 225 Street Sewer Repair COUNCILWOMAN KING RES. 25-__ Placing Fire Levy Renewal on November 2025 Ballot COUNCILWOMAN MANN ORD. 25-__ Authorizing Bohlken Playground Equipment Disposal Adjournment Pursuant to Fairview Park Charter Article 4, Section 7(b) and Council Rule 5, no other subject(s) will be considered CITY OF FAIRVIEW PARK ORDINANCE 25-__ REQUESTED AND SPONSORED BY: COUNCILWOMAN MANN AN ORDINANCE DIRECTING THE CITY OF FAIRVIEW PARK TO SALVAGE AND DISPOSE OF COMPONENTS OF OBSOLETE BOHLKEN PARK PLAYGROUND EQUIPMENT IN A MANNER THAT IS FAIR, SAFE, AND ENVIRONMENTALLY RESPONSIBLE; AND ESTABLISHING CONDITIONS TO PROTECT THE CITY FROM LIABILITY. WHEREAS, the City of Fairview Park recognizes its responsibility to be environmentally conscious and seeks to divert materials from landfills whenever possible; and WHEREAS, the City desires to benefit its residents by making available certain salvageable components of the Bohlken Park playground that are no longer needed for public use, are obsolete or unfit for the use for which they were acquired, and have been determined by the City Council, advised by members of the administration and their contractor, to have no residual value and to be relatively easy to remove; and WHEREAS, the City acknowledges the need to protect itself against any possible future claims arising from the use of salvaged playground components by residents and intends to ensure that such components are acquired and used at the resident's own risk; and WHEREAS, Ohio Revised Code Section 721.15 permits municipal corporations to dispose of unneeded, obsolete, or unfit personal property by sale or other means.; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA, STATE OF OHIO, THAT: SECTION 1. The Council hereby finds and determines that certain components of the Bohlken Park playground are no longer needed for public use, are obsolete or unfit for the use for which they were acquired, have no residual value, and are relatively easy to remove, as advised by the administration and its contractor. SECTION 2. The Director of Public Service, or their designee, is hereby authorized and directed to salvage and make available to Fairview Park residents those specific components of the Bohlken Park playground identified as having no value and being easily removable, as determined by the City Council. SECTION 3. The City shall advertise the availability of salvaged playground components through simple, no-cost methods, including but not limited to: a. Posting notices on the official City of Fairview Park website. b. Posting notices on the official City of Fairview Park social media accounts. c. Posting notices at Fairview Park City Hall. Such advertisements shall include a description of the available components, the process for expressing interest, and the conditions for claiming the components. SECTION 4. RESIDENT INTEREST AND SELECTION PROCESS. a. Interested Fairview Park residents shall express their interest in specific components by submitting their name, address, contact information, and the component(s) they are interested in to the Department of Public Service within a specified timeframe, as indicated in the advertisement. b. In the event that multiple parties express interest in the same component, the City shall select the recipient through a fair and transparent method, which shall be a random drawing conducted by the Director of Public Service or their designee, with the results publicly announced. c. Residents selected to receive components shall be responsible for the timely and safe removal of the components from Bohlken Park at their own expense and risk. SECTION 5. INDEMNIFICATION AND RELEASE OF LIABILITY. a. Any resident claiming salvaged playground components shall be required to sign a waiver and release of liability, indemnifying and holding harmless the City of Fairview Park, its officers, employees, and agents from any and all claims, demands, actions, causes of action, losses, damages, and expenses, including attorney's fees, arising out of or in connection with the resident's possession, transportation, installation, or use of the salvaged components. b. The waiver shall explicitly state that the salvaged components are provided "as is" and that the City makes no warranties, express or implied, regarding their condition, suitability, or safety for any particular purpose. c. The waiver shall further state that the resident understands and agrees that the equipment will be used at the resident's own risk. SECTION 6. Should any section, paragraph, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. 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 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 provide this direction with sufficient notice prior to removal of the aforementioned equipment, 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 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 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, after receiving feedback from contractors, the City Engineer has estimated the need for an additional two hundred and 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) and WHEREAS, the City received a bid that came in over the engineer’s estimate construction cost of five hundred twenty thousand dollars ($520,000.00) and less than 20% over the estimate as allowable per ORC Section 153.12, therefore the cost of the project needs to be increased to not exceed five hundred seventy-five thousand eight hundred forty dollars ($575,840). 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 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 seventy-five thousand eight hundred forty dollars ($575,840), which includes contingency, to be paid from the Sanitary Sewer Fund (Fund 510). SECTION 3. That Ordinance 25- 42 is hereby repealed and replaced by 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. Ordinance 25-__ | Page 2 SECTION 5. 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 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: July 2, 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 July 2, 2025, with emergency enactment: AN ORDINANCE AUTHORIZING 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 two hundred fifty thousand dollars ($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 increased the authorized amount to five hundred twenty thousand dollars ($520,000) on June 16, 2025, with Ordinance 25-42. The City received a bid on June 27, 2025, with a price of five hundred seventy-five thousand eight hundred forty dollars ($575,840). The City Engineer revised the plans to only repair the severely deteriorated section of pipe (both storm and sanitary because of their configuration) and increased the estimated cost for the project as noted in the previous memo for Ordinance 25-42; however, the single bid from Fabrizi came in over the engineer’s estimate. The Administration is requesting that this be passed on First Read at the July 2, 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 Bryan Hitch, Service Director Jennifer Pae, Finance Director/HR Manager Liz Westbrooks, Clerk of Council Resolution 25-__ | Page 1 CITY OF FAIRVIEW PARK RESOLUTION NO.: 25- ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN KING and COUNCILWOMAN WERING A RESOLUTION REPEALING RESOLUTION 25-09 AND REPLACING IT HEREIN TO SUBMIT 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 providing and maintaining fire apparatus and other fire equipment and appliances; buildings and sites therefor; sources of water supply and materials therefor; for the establishment and maintenance of lines of fire alarm communications, for the payment of salaries and benefits for firefighting, emergency medical service, administrative, and communications personnel, and employer’s contributions required under Section 742.34 of the Revised Code, purchasing ambulance equipment, for providing ambulance, paramedic or other emergency medical services, and the payment of other related costs; 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 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(I) 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. Resolution 25-__ | Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. That Resolution 25-09 passed on June 16, 2025 and approved on June 17, 2025, is hereby repealed in its entirety and replaced as set forth herein. SECTION 2. 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 set forth in Ohio Revised Code Section 5705.02 and the Charter tax limitation on the current tax list and requirements of this 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 one (1) mill for each one-dollar ($1) of taxable value levy 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 for a period of five years, which the County Fiscal Officer has certified at the Estimated Cost of $___ for each $100,000 of the County Fiscal Officer's appraised value and the County Fiscal Officer estimates it will collect _____________________________ Dollars ($___________) annually. SECTION 3. That the question of renewing the current one (1) mill levy upon the tax list and duplicate for five (5) years, beginning with the 2026 tax list and duplicate and with the first distribution of the proceeds of said levy to this City in the calendar year 2027, for the purpose set forth in section 2 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 general 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 4. That the form of ballot to be cast 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 and other fire equipment and appliances; buildings and sites therefor; sources of water supply and materials therefor; for the establishment and maintenance of lines of fire alarm communications; for payment of salaries and benefits for firefighting, emergency medical service, administrative, and communications personnel and employer's contribution required under Section 742.34 of the Revised Code; purchasing ambulance equipment, for providing ambulance, paramedic or other emergency medical services; or the payment of other related costs at a rate not exceeding 1 mill for Resolution 25-__ | Page 3 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 5. That the Clerk of Council is hereby authorized and directed to request that notice of said election be given as provided by law. SECTION 6. 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 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 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: 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: Bill Schneider, Mayor RE: Fire Renewal Levy DATE: July 1, 2025 The current Fire Renewal Levy resolution up for passage on July 2, 2025 is a revisiting of RES 25-09. Upon submitting ORD 25-39 & RES 25-09 to the Cuyahoga County Board of Elections, the reviewer of the legislation took note with the language therein. While the economics are unchanged, the language of the resolution and ordinance needed to be made concurrent with previous legislation. Upon working with the BOE representative the language of both pieces was changed to their approval. The resolution and ordinance (passed Monday 6/30/2025) reflect the changes and need to be approved by Council once again so the levy can make it on the November 2025 ballot. cc: Bill Schneider, Mayor A. Steven Dever, Director of Law Liz Westbrooks, Clerk of Council