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MONDAY, OCTOBER 20, 2025 CAUCUS – 6:45 PM | COUNCIL MEETING - 7:00 PM COUNCIL CHAMBERS (CITY HALL) MEETING CALL TO ORDER | MOMENT OF SILENT PRAYER | PLEDGE OF ALLEGIANCE ROLL CALL WRITTEN COMMUNICATIONS, PETITIONS AND CLAIMS COMMITTEE REPORTS Local Government & Community Services – Councilwoman Wering, Chair | Councilman Simmerly, Vice Chair ~ LEGISLATIVE AGENDA ~ LEGISLATION ON FOR FIRST READING COUNCIL PRESIDENT KING ORD. 25-__ Authorizing Application and Administration for 2026 CDSG Grant AUDIENCE INPUT ON LEGISLATION UP FOR PASSAGE LEGISLATION ON FOR THIRD READING AND FINAL PASSAGE COUNCILWOMAN WERING RES. 25-15 Moratorium on Smoke Shops COUNCIL PRESIDENT KING ORD. 25-53 2026-2027 County Board of Health Contract RES. 25-16 Area Agency on Aging Contract 2026-2027 LEGISLATION UP FOR PASSAGE WITHOUT THREE READINGS COUNCILWOMAN WERING ORD. 25-__ Creating FPCO Chapter 1146 Utility Transmission and Storage Facilities COUNCIL PRESIDENT KING ORD. 25-__ Contract with McGowan & Company for Insurance Coverage 2025-26 REPORTS AND COMMUNICATIONS FROM MAYOR, DIRECTORS AND OTHER CITY OFFICIALS PUBLIC SESSION MISCELLANEOUS BUSINESS AND REPORTS FROM COUNCIL ADJOURNMENT
Ordinance 25-57 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25-57 ORGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCIL PRESIDENT KING AN ORDINANCE AUTHORIZING THE SUBMISSION OF AN APPLICATION TO CUYAHOGA COUNTY FOR THE 2026 COMMUNITY DEVELOPMENT SUPPLMENTAL 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 solicit applications for the 2026 Community Development Supplemental Grant (“CDSG”), a program that provides grant funding on a competitive basis for a variety of projects to help strengthen cities, encourage regional collaboration, and improve the quality of life for County residents; and WHEREAS, the City of Fairview Park (“City”) intends to apply to Cuyahoga County for 2026 CDSG funding to implement a community development project; and WHEREAS, the City will hold a public hearing for said grant funding to solicit public input on October 27, 2025 at 6:30 PM; and WHEREAS, the CDSG program provides one hundred percent (100%) reimbursement for eligible project costs in an amount not to exceed fifty thousand dollars ($50,000), requiring the applicant to first expend funds and then request reimbursement from Cuyahoga County; and WHEREAS, legislation supporting and authorizing the application is required to be submitted with the grant application. 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 CDSG application. SECTION 2. That the Mayor and City Administration are authorized to submit the grant application. SECTION 3. That the City’s request for CDSG funding in the amount of fifty thousand dollars ($50,000) 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.
Ordinance 25-57 | Page 2 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 grant application deadline of November 6, 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: APPROVED: 2nd reading: 3rd reading: __________________________________ Bridget C. King, 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 King and Members of City Council ORGINATED BY: Megan Otter, Assistant Development Director FROM: Mayor Bill Schneider RE: Cuyahoga County – 2026 Supplemental Grant Application DATE: October 20, 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 October 20, 2025, and second and final reading on November 3, 2025, with emergency enactment: AN ORDINANCE AUTHORIZING THE SUBMISSION OF AN APPLICATION TO CUYAHOGA COUNTY FOR THE 2026 COMMUNITY DEVELOPMENT SUPPLMENTAL 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 Supplemental Grant Program by the November 6, 2025 deadline. The Administration will also be conducting a public meeting for the Grant Program on October 27, 2025 at 6:30 pm before the Council Committee meeting to describe the project proposed and obtain public participation, which is a requirement of the application. cc: Bryan Hitch, Director of Service A. Steven Dever, Law Director Jennifer Pae, Finance Director/HR Manager Liz Westbrooks, Clerk of Council
CITY OF FAIRVIEW PARK ORDINANCE NO.: 25- ORIGINATED BY: WALTER MAYNARD, BUILDING COMMISSIONER REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN WERING AN ORDINANCE CREATING CHAPTER 1146 OF THE FAIRVIEW PARK CODIFIED ORDINANCES AND DECLARING AN EMERGENCY WHEREAS, the Fairview Park Codified Ordinances need to be updated to include regulations governing Utility Transmission and Storage Facilities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. Chapter 1146 titled “Utility Transmission and Storage Facilities”, as set forth in “Exhibit A” is hereby created under the Fairview Park Codified Ordinances. SECTION 2. 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 for the further reason that it is necessary for the operation of the Building Department 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: __________________________________________ Bridget C. King, President of Council __________________________________________ Bill Schneider, Mayor __________________________________________ Liz L. Westbrooks, Clerk of Council
Exhibit A CHAPTER 1146 UTILITY TRANSMISSION AND STORAGE FACILITIES 1146.01 Definition. 1146.02 Building Permit Required. 1146.03 Screening Requirements. 1146.04 Landscaping Requirements. 1146.05 Design and Compatibility Standards. 1146.06 Maintenance. 1146.07 Variances. The intent of this section is to establish regulations for utility transmission and storage facilities located in the City of Fairview Park. 1146.01 Definition. “Utility Transmission and Storage Facilities” shall include but not be limited to electrical substations, electrical transformers and switchgear, utility vaults which extend above the surface, transmission and distribution equipment, utility storage structures, and other utility equipment or facilities used for the transmission, distribution, or storage of electricity, natural gas, water, telecommunications, or other utilities. Structures may be grouped together; however, screening height shall be based upon the tallest of the structures. 1146.02 Building Permit Required. No excavation or site improvement shall be started, or structure erected, altered or moved until a building permit has been applied for and issued by the Building Commissioner. Building permits shall be issued only if the work described in the application clearly complies with all provisions of the Building Code, the Zoning Code and all other applicable codes. Where such work does not comply, the Building Commissioner shall not have the power or authority to grant variances or make exceptions. 1146.03 Screening Requirements. (a) A continuous (having 100 percent opacity) planting, hedge, fence, wall or wall of earth, which would enclose any utility transmission or storage facility on all sides is required, unless such facility must be frequently accessed for operational purposes, in which case screening on all but one side is required. The height of the screening material shall be one foot more than the height of the enclosed structure or equipment, but shall not be required to exceed 12 feet in height.
(b) Whenever a utility transmission or storage facility is located next to a building wall, perimeter landscaping material or vehicular use area landscaping material, such walls or screening material, may fulfill the screening requirement for that side of the utility facility if that wall or screening material is of sufficient height to meet the height requirement set out in this section. (1) Masonry walls. Solid masonry or stone walls are the preferred screening method for utility transmission and storage facilities. Masonry walls shall be constructed of brick, concrete block, decorative concrete block, natural stone or similar durable materials. Walls shall be architecturally designed to be compatible with the surrounding buildings and shall include decorative treatments such as caps, pilasters, changes in plane, or varying textures. Walls shall be maintained in good structural condition, be structurally sound, and attractively finished at all times. (2) Solid fencing. Solid wood, composite, or metal panel fencing with or without masonry pier supports may be used for screening. Fences shall be designed, constructed, and finished so that the supporting members face the property owner of the fence and the finished side faces outward. Fencing materials shall be of high quality, durable construction and shall be maintained in good condition, be structurally sound, and attractively finished at all times. (3) Prohibited fencing materials. Chain-link fences, wire mesh fences, barbed wired fences and other similar open-weave materials are expressly prohibited for screening of utility transmission and storage facilities. (4) Plant material. Plant material used to screen a utility transmission or storage facility shall be an evergreen species which retains its needles or foliage throughout the year. Deciduous plant material cannot be used alone to fulfill this screening requirement. The height of the evergreen plant material at installation must be equal to, or greater than, two-thirds of the height of the utility facility or equipment, and meet the height and opacity requirements within four years. Plants shall be adequately spaced to form a solid, continuous visual screen. (5) Walls of earth. Landscaped mounds or berms with no more than a 3 to 1 (horizontal to vertical) slope may be used for screening when combined with evergreen plantings or other approved screening materials. (6) Interior landscaping. No interior landscaping shall be required within an area screened for utility transmission and storage facilities. 1146.04 Landscaping Requirements. (a) In addition to the screening requirements set forth in subsection 1146.03 of this Chapter, landscaping shall be provided along the perimeter of utility transmission and storage facilities as follows: (1) A landscaped buffer area at least ten feet in width shall be provided along the perimeter of utility transmission or storage facilities where such facilities are adjacent to residential zoning districts or public rights-of-way. (2) A landscaped buffer area at least five feet in width shall be provided in all other locations.
(3) Landscaped areas shall be planted with a minimum of three evergreen shrubs and one deciduous shade tree per thirty linear feet of frontage or screening length. (4) Trees shall be a minimum of two inches in caliper at the time of planting; shrubs shall be a minimum of 24 inches in height at the time of planting. (5) All landscaped areas shall be covered with live vegetation, decorative gravel, or mulch and shall be maintained free of weeds and debris. (6) Use of native plant species suited to local conditions is encouraged. 1146.05 Design and Compatibility Standards. (a) All designs must be approved by the City of Fairview Park Planning & Design Commission. (1) All screening walls, fences, and plantings shall be designed to be architecturally compatible with adjacent buildings and structures and the character of the surrounding area. (2) Screening materials shall be of high quality, durable, weather-resistant construction requiring minimal maintenance. (3) Colors shall be neutral or earth tones that complement surrounding development. Reflective, metallic, or bright-colored materials are prohibited. (4) Screening walls exceeding 100 linear feet in length shall incorporate architectural variation such as pilasters, offsets, changes in plane, variation in materials or textures, or integrated landscape plantings to prevent monotonous appearance. 1146.06 Maintenance. (a) All screening materials and landscaping required by this section shall be maintained in good condition by the property owner and utility company. This includes: (1) Maintaining all screening materials in good structural condition and attractively finished at all times; (2) Replacing damaged or dead plant materials within 60 days of damage or death; (3) Ensuring screening maintains the required opacity year-round; (4) Removing graffiti, deterioration, or damage promptly; (5) Keeping landscaped areas free of weeds and maintaining healthy plant growth. 1146.07 Variances. The Board of Zoning Appeals may grant variances from the strict application of this section where unique physical characteristics of the property create unnecessary hardship, where natural topography or existing vegetation achieves an equivalent screening effect, or where compliance
would create unreasonable technical or operational difficulties for essential utility services, provided that the spirit and intent of this section is observed and substantial justice is done.
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor ____________________________________________________________________________________ 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President King and Members of City Council ORIGINATED BY: Walter Maynard, Building Commissioner FROM: Mayor Bill Schneider RE: Ordinance to Create Chapter 1146 of the Codified Ordinances DATE: October 20, 2025 The Administration of the City of Fairview Park (“City”) requests the passage of the following Ordinance with a first and final reading on October 20, 2025 with emergency enactment: AN ORDINANCE CREATING CHAPTER 1146 OF THE FAIRVIEW PARK CODIFIED ORDINANCES AND DECLARING AN EMERGENCY Chapter 1146 of the Fairview Park Codified Ordinance will establish regulations for utility transmission and storage facilities located in the City. The Chapter defines what are “Utility Transmission and Storage Facilities” and establishes the screening requirements, landscaping requirements, design and compatibility standards, and maintenance requirements for utility transmission and storage facilities. In addition, Chapter 1146 determines a permit is required for any structure and rules for variances when applicable for utility transmission and storage facilities. The Administration wants to promote aesthetically pleasing structures and facilities that are built for utility transmission and storage in the City. cc: A. Steven Dever, Law Director Liz Westbrooks, Clerk of Council
Ordinance 25-__ | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO. 25-58 REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCIL PRESIDENT KING AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH MCGOWAN AND COMPANY FOR THE PROFESSIONAL SERVICES OF PROVIDING INSURANCE REQUIREMENTS OF COMPREHENSIVE GENERAL LIABILITY, POLICE PROFESSIONAL LIABILITY, FIREFIGHTER/AMBULANCE ATTENDANTS LIABILITY, BOILER AND MACHINERY INSURANCE, COMPREHENSIVE AUTOMOBILE AND PHYSICAL DAMAGE LIABILITY, PUBLIC OFFICIALS LIABILITY, VOLUNTEER COVERAGE, PROPERTY AND EQUIPMENT COVERAGES, "UMBRELLA" COVERAGE, CYBER PROTECTION COVERAGE AND ACTIVE SHOOTER COVERAGE AND DECLARING AN EMERGENCY WHEREAS, the City utilizes McGowan and Company's professional services to obtain necessary insurance coverage including cyber protection coverage; and WHEREAS, McGowan and Company has obtained insurance coverage determined by the Finance Director to best serve the City's needs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION I. That the Mayor is hereby authorized and directed to enter into a contract with McGowan and Company for the Comprehensive General Liability, Police Professional Liability, Firefighter/Ambulance Attendants Liability, Boiler and Machinery Insurance, Comprehensive Automobile and Physical Damage Liability, Public Officials Liability, Volunteer Coverage, Property and Equipment Coverages, "Umbrella" Coverage, Cyber Protection Coverage and Active Shooter Coverage for the period of November 1, 2025 to October 31, 2026. (Exhibit “A”) SECTION 2. That the cost of the Comprehensive General Liability Insurance and Cyber Insurance coverage for November 1, 2025 to October 31, 2026, is not to exceed four hundred twenty-five thousand dollars ($425,000.00) and shall be paid from the General Fund ( Fund 100). 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 for
Ordinance 25-__ | Page 2 the further reason that the present insurance expires October 31, 2025; 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: __________________________________________ Bridget C. King, Council President __________________________________________ Bill Schneider, Mayor __________________________________________ Liz L. Westbrooks, Clerk of Council
Exhibit A AN INSURANCE PROPOSAL PREPARED FOR: CITY OF FAIRVIEW PARK 20777 LORAIN ROAD FAIRVIEW PARK, OH 44126 PRESENTED BY: PATRICK MuUScENTI, CPCU, ARM, CRIS Vice President #, McGowAN 20595 LORAIN Rb FAIRVIEW PARK, OH 44126 11-1-2025 To 11-1-2026 DISCLAIMER - The abbreviated outlines of coverages used throughout this proposal are not intended to express any legal opinion as to the nature of coverage. They are only visuals to a basic understanding of coverages. Please read your policy for specific details of coverages. Pricing and terms subject to change. 1, McGowan INSURANCE
ANNUAL PREMIUM SUMMARY COVERAGE EFFECTIVE DATE: NOVEMBER 1, 2025 COVERAGE EXPIRING RENEWAL 2024-2025 2025-2026 Package Policy (Property, Crime, General Liability, Stop Gap, Public Officials, EPLI, Law $366,617* $400,037 Enforcement, Auto, $5M Excess Excluding TRIA (inc! all fees) Cyber Liability (incl. fees) $11,500 $ 13,545 Active Shooter (Workplace Violence) $5,486 $ 5,760 Policy Administration Fee $350 $ 350 Volunteer Accident Policy $437 $ 437 Grand Total Annual (including all taxes and fees) $384,390* $ 420,129 Annualized premium with endorsements. In order to bind coverage, we will need the following items: General Liabiltiy, Auto, Property, Inland Marine, Professional, Executive Risk e Signed Application e Signed TRIA form e Signed Schedules includes Statement of Values, Auto, Inland Marine Schedules e Signed UM/UIM Forms e Sexual Abuse & Molestation Application signed e Complete, Dated & Signed American Public Risk Public Entity Application e Drivers List, Auto: 17 digit Vehicle ID Number for all units e Additional Insured(s)-need full names, address & relationships e Property updates on all locations 25+ years old Workplace Violence: e Confirmation of no incidents at the scheduled locations provided, in the last 12 months, which could give rise to a claim under this policy. e Satisfactorily completed, signed and dated application Accident: e Signed Quote a, McGowan INSURANCE
PROPERTY POLICY OUTLINE COVERAGE: LIMITS: it Blanket Building & Contents Lim utdoor Property 38,388,087 1,655,979 Loss of Income/Business Income {— Extra Expenses 200,000 Earthquake | Accounts Receivable rson, | nett or andalism Reward | Damage to Building from Theft a —35% + $100,000 DEDUCTIBLE: 10,000 10,000 10,000 Debris Removal Expense Fire Department Charges $25,000 Limited Coverage for Fungus, Wet/Dry Rot — $25,000 $25,000 a Replacement rounds Maintenance Equipment | Newly Acquired or Constructed Property Building Business Personal Property nclude $1,000,000 $500,000 Non-owned Detached Trailers Ordinance or Law Coverage A-Undamaged Real Coverage C — Increased Cost Construction Property Coverage B-Demolition Personal Effects [ s) Included $1,000,000 $1,000,000 Pollution Remediation Expense off premises Real/Personal Property in Transit or -— Spoilage Dut to Off Premises Electric Service Interruption rees, Shrubs, Plants & Lawns Underground piping, flues drains within 1000 ft Unintentional E&0 aluable Papers Water Sewer Backup #, McGowAN INSURANCE $100,000 $50,000 — 9000000—~—~—“‘“‘ ;OSC*S | $10,000 $25,000/$100,000 10,000 $10,000 $10,000
PROPERTY POLICY OUTLINE - CONTINUED PROPERTY COVERAGE ENDORSEMENTS: e Replacement Cost- Real & Personal Property e Actual Loss Sustained — Business Income e Includes Foundations of schedules premises e Liberalization Clause broadens the coverage provided under property section or the policy without additional premium within 45 days prior to or during the policy period. Newly Acquired — automatic up to 120 days for date of acquisition, real or personal property and business interruption. Flood and earthquake are excluded. Policy Territory includes the United States of America (its territories and possessions), Puerto Rico and Canada. Premise boundary increased to 1000 feet Includes underground piping, flues and drains location on or withing 1000 ft of described premises 30 Days’ Notice of Cancellation — non-renewal or material PROPERTY COVERAGE EXCLUSIONS: Asbestos Building Settlement Broad Form Nuclear Contamination Acts of Terrorism unless other wised purchased. Delay or loss or market, or any other consequential or remote loss of any kind. Dishonest criminal acts by you, your partners, employees, directors or anyone to whom you entrust the property for any purpose. Earth Movement unless purchased Government Activity Land Loss or damage as a result of insects, vermin, birds, or other animals. War Water/Flood Damage unless purchased EQUIPMENT BREAKDOWN EXCLUSIONS: e Corrosion, Erosion, Wear & Tear Exclusion e EDP Media Exclusion — defect, virus, loss of data or other situation e Fines *** Communicable Disease Exclusion applies to ALL lines American Alternative Insurance Corporation A+:XV Admitted a, McGowaN INSURANCE
INLAND MARINE POLICY OUTLINE COVERAGE: DEDUCTIBLE: Blanket Tools & Equipment $140,958 $5,000 Scheduled Equipment 362,386 $5,000 Blanket Emergency Services $5,000 Equipment COVERAGE ENHANCEMENTS Rented or Borrowed Equipment — Scheduled Equipment $100,000 - $1,000 deductible New acquisitions — 30 day automatic coverage Rental Expense Reimbursement Valuation — The least of either o ACV o Cost to restoring to condition before loss or o Cost to replace with substantially identical property INLAND MARINE COVERAGE EXCLUSIONS: e Vehicles used for road use e Real property & buildings Aircraft Wear & tear, inherent vice, freezing American Alternative Insurance Corporation A+:XV Admitted INSURANCE a, McGowaN
CRIME POLICY OUTLINE COVERAGE: LIMITS: DEDUCTIBLE: Employee Theft-Per Loss $1,000,000 $10,000 Faithful Performance of Dut Included Included $500,000 $10,000 Computer Fraud & Transfer $500,000 $10,000 Money Orders/Counterfeit $250,000 $10,000 Theft of Money & Securities - Inside $250,000 $10,000 Robbery & Safe Burglary Inside $100,000 $10,000 Outside COVERAGE ENHANCEMENTS: e 30 Days’ Notice of Cancellation Non-Renewal or Material Change CRIME COVERAGE EXCLUSIONS: Criminal Acts- only excludes individual insured who committed act Confidential or Personal Information disclosure Bonded Employee-unless amended Governmental Action Legal Expense War/Nuclear Actions American Alternative Insurance Corporation A+:XV Admitted a, McGowaN INSURANCE
GENERAL LIABILITY POLICY OUTLINE COVERAGE: LIMITS: DEDUCTIBLE: General Liability- Annual Aggregate $3,000,000 $0 Products-Completed Operations Aggregate $3,000,000 Personal & Advertising Injury Limit Each Occurrence Limit $1,000,000 Damage to Premises Rented to You $1,000,000 Employee Benefits Limit $1,000,000 Employers Liability (Ohio Stop Gap) $1,000,000 Sexual Abuse/Molestation Limit $1,000,000 Sexual Abuse/Molestation Aggregate $1,000,000 Sewer Backup Coverage Included COVERAGE ENHANCEMENTS: Defense in Addition to Limit Broad Definition of Insured-including but not limited to Employees, Volunteers, Elected/Appointed Officials Blanket Additional Insured Broadened Pollution for include potable water, water, wastewater treatment chemicals, swimming pools, road salt or similar, pesticides/herbicides Watercraft Liability — up to 51 ft Host Liquor Liability GENERAL LIABILITY COVERAGE EXCLUSIONS: Asbestos Exclusion Aircraft, auto Injury to any insured Bodily injury to any person injured while taking part in athletics Nuclear Energy Liability Exclusion Pollution Exclusion — except for hostile fire Professional Services Exclusion Workers Compensation War Watercraft over 51’ American Alternative Insurance Corporation A+:XV Admitted a, McGowaN INSURANCE
POLICE PROFESSIONAL POLICY OUTLINE COVERAGE: LIMITS: DEDUCTIBLE: Police Professional Liability $1,000,000 $10,000 Police Professional Aggregate $3,000,000 $10,000 COVERAGE ENHANCEMENTS Broad definition of insured Broad definition of Wrongful Act/Occurrence including Personal Injury Civil Rights coverage Expanded Definition of Bodily Injury to include mental anguish, mental injury, shock, fright. Included punitive or exemplary damages where allowable. Defense in Addition to Limit LAW ENFORCMENT LIABILITY COVERAGE EXCLUSIONS: Property in care, custody, control except for property on persons in custody, arrest, incarcerated. Breach of Contract, except mutual law enforcement agreements War Bodily injury to employee Employment liability claims Dishonest, fraudulent, criminal, malicious or intentional act excluded for loss, but not for defense costs. If guilty, required to reimburse. Exclusion does not apply to an insured who did not commit, participate in, or have knowledge of any of the described acts Collective bargaining agreement; lockout, strike, labor disputes or labor negotiations, union grievances American Alternative Insurance Corporation A+:XV Admitted INSURANCE a, McGowan
PUBLIC OFFICIALS LIABILITY POLICY OUTLINE COVERAGE: LIMITS: DEDUCTIBLE: Public Official Liability Each Wrongful $1,000,000 $25,000 Act a ‘ Public Official Liability Annual Aggregate $3,000,000 $25,000 Employee Benefits Liability Included $25,000 Employment Practices Liability Included $95,000 njunctive Relief Defense Expense $25 000 $25,000 Retro Active Date: 0/1/1997 COVERAGE ENHANCEMENTS Defense in Addition to Limit Included punitive or exemplary damages where allowable Civil Rights Broad definition of Named Insured COVERAGE EXCLUSIONS: Sexual abuse and misconduct Pollution War Bodily injury to employee Issuance of bonds/ tax assessment or valuations of properties/tax collection Dishonest, fraudulent, criminal, malicious or intentional act excluded for loss, but not for defense costs. If guilty, required to reimburse. Exclusion does not apply to an insured who did not commit, participate in, or have knowledge of any of the described acts. Prior or pending litigation Employment liability claims Collective bargaining agreement; lockout, strike, labor disputes or labor negotiations, union grievances Claim for equitable or injunctive relief initiated by a governmental entity EMPLOYMENT PRACTICE LIABILITY EXCLUSIONS: Collective bargaining agreement Lockout, strike, labor disputes or labor negotiations, union grievances FLSA/MLRA/WARNA/COBRA/ERISA/PBA/OSHA Dishonest, fraudulent, criminal, malicious or intentional act excluded for loss, but not for defense costs. If guilty, required to reimburse. Exclusion does not apply to an insured who did not commit, participate in, or have knowledge of any of the described acts Claim for equitable or injunctive relief initiated by a governmental entity American Alternative Insurance Corporation A+:XV Admitted #, MCGOWAN INSURANCE
AUTO POLICY OUTLINE COVERAGE: LIMITS: DEDUCTIBLE: Automobile Liability $1,000,000 None Uninsured/Underinsured Motorists $4,000,00 Kona Liability Medical Payments $10,000 None | Comprehensive Collision Hired Car Physical Damage $50,000 COVERAGE ENHANCEMENTS: Employees/Volunteers as Insured Fleet Coverage-up to 10 vehicles added during the year except Emergency Vehicles and vehicles greater than $100,000. Reporting required of added vehicles within 30 days of purchase Fellow Employee Coverage Lease Gap Freezing Coverage Emergency vehicles AUTOMOBILE COVERAGE EXCLUSIONS: e War /Nuclear Energy e Pollution American Alternative Insurance Corporation A+:XV Admitted #, McGowaN INSURANCE
EXCESS POLICY OUTLINE COVERAGE: LIMITS: DEDUCTIBLE: Excess Liability Each Occurrence $5,000,000 Excess Liability Aggregates $5,000,000 Follow form over: General Liability Yes Public Official Liability Yes Employment Practice Liability Yes Automobile Liability Employers Liability (Ohio Stop Gap) Law Enforcement Liability Abuse/Molestation American Alternative Insurance Corporation A+:XV Admitted , McGowan INSURANCE
CYBER POLICY OUTLINE COVERAGE Includes TRIA Minimum Earned Premium: 25% Retroactive Date: Full Prior Acts Coverage Policy Aggregate Cyber Incident Responses Costs Incident Response Costs are not subject to a retention Legal and Regulatory Costs IT Security and Forensics Costs Crisis Communication Costs Privacy Breach Management Costs Third Party Privacy Breach Management Costs Post Breach Remediation Costs Cyber Extortion Cyber Extortion System Damage and Business Interruption System Damage and Rectification Costs Hardware Replacement Costs Income Loss and Extra Expense Emergency and Additional Operational Continuity Costs Voluntary and Regulatory Shutdown Dependent Business Interruption Consequential Reputational Harm Lost or Missed Bids Claims Preparation Costs Cyber Crime Coverages Funds Transfer Fraud New Vendor Fraud Physical Goods Fraud Invoice Manipulation Theft of Personal Funds Corporate Identity Theft Theft of Funds Held in Escrow Theft of Client Funds Customer Payment Fraud Telephone Hacking Unauthorized Ute of Computer Resources Carrier: CFC - Lloyd’s of London (Non-Admitted) Limits $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 subject to a max of 10% of all sums we have paid as a direct result of the Cyber Event $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 50,000 $ 50,000 $ 250,000 $ 250,000 Third Party Liability Coverages - Aggregate Limits including Costs and Expenses Network Security Liability Privacy Liability Management Liability Regulatory Fines, Penalties and Investigative Costs PCI Fines, Penalties and Assessments Contingent Bodily Injury $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
Criminal Reward Cover Criminal Reward $ 100,000 Media Liability Media Liability $1,000,000 intellectual Property Rights Infringement $1,000,000 Court Attendance Costs Court Attendance Costs $ 100,000 Retention: $ 5,000 incident Response $ 0 Cyber Market Response Coalition Option 1: $14,903 Coalition Option 2: Coalition Enhanced Quote - Insurance + Security: $48,463.10 Chubb ~ Premium $25,1387 HCC — More information is needed to quote. We can provide the questions if you are interesting in seeing their pricing Beazley - Decline due to nature of services. CFC -Lloyd’s of London (Non-Admitted ) a, McGowAN INSURANCE
WORK PLACE VIOLENCE All Insuring Clauses Combined $1,000,000 in the aggregate Insuring Clause 1: Response Consultant Costs Limit of Liability $1,000,000 in the aggregate Deductible $0 each and every claim Insuring Clause 2: Victim Compensation Fund and Extra Expenses Limit of Liability $1,000,000 in the aggregate Sub-limited to the following in respect of Insuring Clause 2 (Section A only) Limit of Liability $50,000 per employee or third party Percentage (%) of the limit of liability that becomes payable per employee or third party in respect of bodily injury: a. death or permanent total disablement, loss of limb, sight, hearing, smell or taste: 100% b. any bodily injury, other that stated above medical assistance or hospitalization: 10% Deductible $0 each and every claim Insuring Clause 3: Legal Liability Limit of Liability, including costs and expenses $1,000,000 in the aggregate Deductible each claim including costs and expenses $5,000 Insuring Clause 4: Commercial Property Limit of Insurance $1,000,000 in the aggregate Deductible $500 each and every claim Insuring Clause 5: Business Interruption Limit of Insurance $1,000,000 in the aggregate Deductible $0 each and every claim POLICY HIGHLIGHTS: Victim coverages per schedule on quote Lloyd's program offers 365 Business income period of indemnity Lloyd's offers a Loss of Attraction perimeter 1 mile around covered locations Lloyd's offers property coverage Lloyd's offers a post-bind, pre risk assessment phone call with Ambrey Crisis Response, the third-party crisis management provider, insured must request and provide contact person information. | have attached Ambrey brochure with additional information. McGowan can also provide you with Terrorism & Sabotage insurance. Please ask if you would like a quote from us. SUBJECTIVITIES: e Confirmation of no incidents at the scheduled locations provided, in the last 12 months, which could give rise to a claim under this policy. e Satisfactorily completed, signed and dated application Certain Underwriters at Lloyd’s (Non-Admitted)
VOLUNTEER ACCIDENT Who is Insured: All authorized volunteers of the policyholder Plan of Benefits: Accident Medical Expense Benefits Maximum Benefit $100,000 Deductible $ 0 Accidental Death $ 25,000 Accidental Dismemberment upto $ 50,000 Accident Paralysis $ 50,000 Scope of Coverage: Full Excess Philadelphia Insurance Company (Admitted) ‘, McGowan INSURANCE
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor 440-333-2200 (City Hall) www.fairviewpark.org MEMORANDUM TO: Council President King and Members of City Council FROM: Mayor Bill Schneider RE: Emergency Legislation - McGowan Insurance Legislation DATE: October 20, 2025 The Administration of the City of Fairview Park requests passage of the following legislation: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH MCGOWAN AND COMPANY FOR THE PROFESSIONAL SERVICES OF PROVIDING INSURANCE REQUIREMENTS OF COMPREHENSIVE GENERAL LIABILITY, POLICE PROFESSIONAL LIABILITY, FIREFIGHTER/AMBULANCE ATTENDANTS LIABILITY, BOILER AND MACHINERY INSURANCE, COMPREHENSIVE AUTOMOBILE AND PHYSICAL DAMAGE LIABILITY, PUBLIC OFFICIALS LIABILITY, VOLUNTEER COVERAGE, PROPERTY AND EQUIPMENT COVERAGES, "UMBRELLA" COVERAGE, CYBER PROTECTION COVERAGE AND ACTIVE SHOOTER COVERAGE AND DECLARING AN EMERGENCY It is necessary for the City to have insurance coverage including cyber protection coverage. The City currently has a contract which expires on October 31, 2025 with McGowan and Company for insurance. It is necessary to have a new contract with McGowan and Company approved prior to October 31, 2025. Therefore, the City Administration requests this ordinance be passed at the council meeting on October 20, 2025. The cost of the Comprehensive General Liability Insurance and Cyber Insurance coverage for November 1, 2025 to October 31, 2026 is not to exceed four hundred seventy thousand dollars ($470,000.00) to be paid from the General Fund (Fund 100). A representative from McGowan and Company will be at the October 20, 2025 council meeting to answer questions you may have regarding the contract. Cc: A. Steven Dever, Law Director Jennifer Pae, Finance Director / HR Manager Liz Westbrooks, Clerk of Council
Resolution 25-15 | Page 1 CITY OF FAIRVIEW PARK RESOLUTION NO.: 25-15 ORIGINATED BY: A. STEVEN DEVER, LAW DIRECTOR REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN WERING A RESOLUTION IMPOSING AN IMMEDIATE MORATORIUM ON THE ISSUANCE AND PROCESSING OF ANY PERMITS FOR SMOKE SHOPS WITHIN THE CITY OF FAIRVIEW PARK, OHIO AND DECLARING AN EMERGENCY WHEREAS, this Council and Administration wishes to issue a moratorium for a temporary period of time while it undertakes a review of information on the effect of vaping and e-cigarettes and a review and/or study of the Codified Ordinances of the City of Fairview Park, including zoning and business regulations; and WHEREAS, it is the opinion of Council and the Administration that the current provision of the Zoning Code may not sufficiently address both the actual and potential impacts of vape and/ or smoke establishes or shops uses in terms of, but not limited to, access, building quality and aesthetics, lights and noise control, available and appropriate locations, use, saturation, and environment; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact planning and zoning laws that are for the health, safety, and welfare, comfort and peace of the citizens of the municipality, including restricting areas used for businesses and trade. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: Section 1. A moratorium is hereby placed on issuance or processing of permits for Smoke Shops in the City of Fairview Park for the purpose of allowing the Administration and Council an opportunity to review zoning regulations as they relate to Smoke Shops. Section 2. For purposes of this Resolution "Smoke Shop" is defined as any retail establishment at which twenty percent (20%) or more of floor, shelf, and/or display area(s), individually or in the aggregate, is used for the sale of Smoke Shop Products. No state-licensed medical or adult-use marijuana operator, cultivator, processor, dispensary, laboratory, or entity as shall constitute a Smoke Shop for the purposes of this section. Section 3. For purposes of this Resolution " Smoke Shop Product( s)" mean:
Resolution 25-15 | Page 2 A. Any product containing, made of, derived from, or containing any form of CBD, kratom, and/ or hemp -derived or synthetic cannabinoid, including but not limited to delta-8 THC, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by any other means; B. Any product containing, made of, or derived from tobacco or containing any form of nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; C. Any Electronic Smoking Device as defined in this section and any substances intended to be aerosolized or vaporized during the use of the device, whether the substance contains any form of tobacco, nicotine, CBD, kratom, and/or hemp-derived or synthetic cannabinoids; or D. Any component, part, or accessory of (A), ( B), or ( C) above, whether any of these contain tobacco, nicotine, CBD, kratom, and/ or hemp-derived or synthetic cannabinoids, including, but not limited to, filters, rolling papers, blunt or hemp wraps, or pipes. Section 4. Smoke Shop Product does not include any product that is a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act. Section 5. The moratorium shall be in effect for a period beginning from the effective date of this Resolution through the earlier of June 1, 2026, until changes are enacted to amend the Codified Ordinance of the City of Fairview Park to address these issues, or until Council approves legislation explicitly revoking this moratorium, whichever occurs first. Section 6. It is found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all such 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 preservation of the public peace, health, safety, and welfare; and for further reason the Resolution will allow for a review of reasonable Smoke Shop regulations, 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.
Resolution 25-15 | Page 3 PASSED: 1 1st reading: 09.15.25 APPROVED: 2nd reading:10.06.25 3rd reading: ________________________________ Bridget C. King, Council President ________________________________ 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 RE: Moratorium on Smoke Shops DATE: September 15, 2025 The Administration of the City of Fairview Park requests passage of the following Resolution to be passed after three readings with emergency enactment: A RESOLUTION IMPOSING AN IMMEDIATE MORATORIUM ON THE ISSUANCE AND PROCESSING OF ANY PERMITS FOR SMOKE SHOPS WITHIN THE CITY OF FAIRVIEW PARK, OHIO AND DECLARING AN EMERGENCY The Administration is requesting a moratorium be placed on issuance or processing of permits for Smoke Shops in the City of Fairview Park for the purpose of allowing the Administration and Council an opportunity to review zoning regulations as they relate to Smoke Shops. The current provision of the Zoning Code may not sufficiently address both the actual and potential impacts of vape and/ or smoke establishes or shops uses in terms of, but not limited to, access, building quality and aesthetics, lights and noise control, available and appropriate locations, use, saturation, and environment. Thank you. Cc: A. Steven Dever, Law Director Walter Maynard, Building Commissioner Liz Westbrooks, Clerk of Council
Ordinance 25-53 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25-53 REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILWOMAN KING AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE CUYAHOGA COUNTY BOARD OF HEALTH FOR HEALTH SERVICES FOR THE YEARS 2026 AND 2027 WHEREAS, Chapter 3709 of the Ohio Revised Code mandates that all Ohio municipalities must provide health services either through a city health district or by a valid contract with the county health district; and WHEREAS, in the past, the City of Fairview Park has contracted for such services with Cuyahoga County Board of Health; and WHEREAS, the District Advisory Council of the Cuyahoga County General Health District authorized the Chairman of the District Advisory Council to enter into a contract with the City of Fairview Park to provide such services for the years 2026 and 2027. 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 contract with the Cuyahoga County Board of Health for public health services for the calendar years 2026 and 2027 (attached as Exhibit “A”). The cost for calendar year 2026 will not exceed one hundred fifty-four thousand nine hundred twenty-seven dollars ($154,927.00) and for calendar year 2027 will not exceed one hundred seventy-three thousand six hundred two dollars ($173,602.00) to be deducted from the City's taxes by the County Fiscal Officer, and will be charged to the General Fund, County Health line item (100.7770.5243l 00). The City shall pay the sum stated herein in equal, semi-annual installments of seventy-seven thousand four hundred sixty-three dollars and fifty cents ($77,463.50) in calendar year 2026 and eighty-six thousand eight hundred one dollars ($86,801.00) for calendar year 2027 from the regular property tax settlement to be made for the City for calendar years 2026 and 2027. 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. This Ordinance shall take effect and be in force from and after the earliest period allowed by law.
Ordinance 25-53 | Page 2 PASSED: 1st reading: 09.15.25 APPROVED: 2nd reading:10.06.25 3rd reading: ________________________________ Bridget C. King, Council President ________________________________ Bill Schneider, Mayor ________________________________ Liz L. Westbrooks, Clerk of Council
Exhibit A PUBLIC HEALTH SERVICES AGREEMENT (City with a General Health District - Authority--Sec. 3709.08 O.R.C.) This Agreement is entered into on the 1* day of January, 2026 (“Effective Date”) by and between the Cuyahoga County Board of Health (the "Board"), a separate political subdivision of the State of Ohio organized under the Constitution and Laws of the State of Ohio, and the City of Fairview Park, a political subdivision, with its principal office located at 20777 Lorain Rd Fairview Park, Ohio 44126 (the “City”), for and in consideration of the promises, covenants, and conditions hereinafter set forth. WHEREAS, Cuyahoga County Board of Health is a general health district as defined under Ohio Revised Code (ORC) Section 3709.01 and is endowed with all of the statutory and other authority granted to it by reason of the Ohio Statutes as amended from time to time by the State Legislature; and WHEREAS, the City has continued to have a city public health district as required by Ohio law, and WHEREAS, pursuant to ORC Section 3709.01, each city in the State constitutes a health district and each county is a "general health district," and as provided for in ORC Sections 3709.051, 3709.07, and 3709.10, there may be a union of a general health district and a city health district; and WHEREAS, ORC Section 3709.08 authorizes cities and villages in Cuyahoga County to enter into an Agreement with the Cuyahoga County General Health District on certain terms and conditions; and WHEREAS, the District Advisory Council of the Cuyahoga County General Health District, created by ORC 3709.03, after giving due notice by publication as required by law, held a public meeting on March 20, 2025 at which by a majority vote of members representing the townships and villages of said county, did vote affirmatively on the question of providing public health services to the cities in Cuyahoga County, and did authorize the Chairman of the District Advisory Council to enter into an Agreement with the Mayor of the City for providing public health services therein, and WHEREAS, the Board is engaged in the governance of providing public health services as described in this Agreement, has the knowledge, skill, and resources to provide such services, and desires to perform such services for or on behalf of the Board for the City; and WHEREAS, the City is willing to enter into an Agreement with the Board to provide such services in accordance with the terms and conditions of Ohio law and this Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. EFFECTIVE DATE, TERM AND TERMINATION. (a) Effective Date, Term. This Agreement shall commence on the Effective Date first stated above and shall continue through December 31, 2027, unless earlier terminated pursuant to Section 1(b). (b) Termination. This Agreement may be terminated upon the occurrence of one of the following events: (i) Failure for any reason of the either party to fulfill its obligations under this Agreement, after written notice is provided by the non-breaching party of such failure providing at least ninety (90) days for the breaching party to correct any such failure, and if such failure is not corrected within said period, the non-breaching party may give written notice of immediate termination; Page 1 of 7
(a) (b) (c) (d) (a) (b) (ii) Upon nine (9) months written notice, or on or before April 1 of the year prior to termination by either party for any reason. THE SERVICES. Scope of Services. Subject to the terms and conditions contained in this Agreement and its exhibits, the Board will provide to the City and, as applicable, to all persons receiving the direct services provided for herein, the Services that are set forth and described in the Scope of Work (SOW) attached as Exhibit A, which Exhibit is incorporated herein. Unless otherwise agreed by the Parties in writing, all transactions for Services through Board will be provided in accordance with the provisions of Ohio law and/or this Agreement, including any revisions of the same, as both Parties may from time to time execute to document the addition, revision, or enhancement of Services. Standard of Performance of Services. The Board will devote such time and will use its best efforts as necessary to perform the Services in a professional manner that: (i) is consistent with the standards of its industry and in a good and workmanlike manner, and (ii) utilizes the care, skill, and diligence normally applied by other similar boards of health in the performance of services similar to the Services. The City shall provide suitable space for the Board employees who make regular visits to the City on a daily or weekly basis. PAYMENT. Compensation. Compensation is based on the ten (10) year census population estimate for the City and a per capita rate established by the Board. The per capita rate is the same rate applied to all Villages, Townships in the general health district as well as for all cities that enter into a Public Health Services Agreement with the Board. The most recent ten (10) year census for population in the City dated September 2021, is 17,291 residents. The current per capita rate established by the Board is $8.96 per capita for calendar year 2026 and $10.04 per capita for calendar year 2027. The total amount due based on the per capita rate will be One hundred and fifty-four thousand nine hundred and twenty-seven dollars ($154,927.00) for calendar year 2026 and be One hundred and seventy-three thousand, six hundred and two dollars ($173,602.00) for calendar year 2027. The Board reserves the right to change its per capita rate, as considered on an annual basis, based on current economic conditions and public health needs. In the event that the Board votes to make a change in the per capita rate, said change shall be limited to annual rates effective on January 1 for the following calendar year. The Board shall provide notice of the change in the per capita rate for the coming calendar year on or before October 31st of the current calendar year. In consideration for the health services described in Exhibit A, which will be provided by the Board to and within the City, the City shall pay to the Board the total annual sum One hundred and fifty-four thousand nine hundred and twenty-seven dollars ($154,927.00) for calendar year 2026 and the total annual sum of One hundred and seventy-three thousand, six hundred and two dollars ($173,602.00) for calendar year 2027. The City hereby directs the Fiscal Officer of Cuyahoga County to place to the credit of the Board and the Fiscal Office of Cuyahoga County is hereby authorized and directed to deduct the sum stated above in equal, semi-annual installments of Seventy-seven thousand, four hundred and sixty- three dollars and fifty cents ($77,463.50) from the regular property tax settlement to be made for said City for calendar year 2026 and Eighty-six thousand, eight hundred and one dollars ($86,801.00) from the regular property tax settlement to be made for said City for calendar year 2027. Page 2 of 7
4, RECORDS. (a) (b) (c) The Board shall maintain copies of all records created or received by the Board in the performance of the work under this Agreement as required by Ohio’s public records law. Any records created or received as a part of this Agreement shall be made available to the City upon request subject to exceptions listed below. Any non-private health information in confidential records or information in the records created by the Board or that come into the possession of the Board under this Agreement shall, if provided to the City, be kept confidential by the City. The Board is prohibited by State and Federal law from sharing protected health information and said records will not be shared with the City unless there is compliance with the proper method for release of said information. 5. NO ASSIGNMENT, TRANSFER, OR SUBAGREEMENT. In performing the services specified under the terms of this Agreement, the Board shall not assign, transfer, or delegate any of the work or services, nor subcontract the work out to any other entity, nor shall any subcontractor commence performance of any part of the work or services included in this Agreement, unless such subcontracting is specified in this Agreement or its Exhibits, or unless prior written consent is provided by the City. 6. INDEPENDENT AGREEMENT. (a) (b) The Board hereby acknowledges that it is an independent contractor and neither it nor its employees or agents are employees of the City. The Board shall be responsible for the payment or withholding of any federal, state or local taxes, including, but not limited to, income, unemployment, and workers’ compensation for its employees, and the City will not provide, or contribute to any plan which provides for benefits, including but not limited to unemployment insurance, workers’ compensation, retirement benefits, liability insurance or health insurance. All individuals employed by the Board provide personal services to the City are not public employees of the City under Ohio state law. No agency, employment, joint venture or partnership has been or will be created between the parties pursuant to the terms and conditions of this Agreement. Inasmuch as the City is interested in the Board’s end product, the City does not control the manner in which the Board performs this Agreement. 7. NOTICES. All notices, invoices and correspondence which may be necessary or proper for either party shall be addressed as follows: TO THE BOARD: Cuyahoga County Board of Health Attention: Roderick Harris, Health Commissioner 5550 Venture Drive Parma, Ohio 44130 TO THE CITY: City of Fairview Park Attention: Mayor Bill Schneider 20777 Lorain Rd Fairview Park, Ohio 44126 Page 3 of 7
And City of Fairview Park Attention: Director of Law 20777 Lorain Rd Fairview Park, Ohio 44126 5, EFFECT OF ELECTRONIC SIGNATURE By entering into this Agreement, the parties agree that this transaction may be conducted by electronic means, including, without limitation, that all documents requiring signatures by the parties may be executed by electronic means, and that the electronic signatures affixed by the authorized representatives of the parties shall have the same legal effect as if the signatures were manually affixed to a paper version of the documents. The parties also agree to be bound by the provisions of Chapter 1306 of the Ohio Revised Code as it pertains to electronic transactions. 6. APPLICABLE LAW AND VENUE Any and all matters of dispute between the Parties to this Agreement whether arising from the Agreement itself or arising from alleged extra contractual facts prior to, during, or subsequent to the Agreement, including without limitation, fraud, misrepresentation, negligence, or any other alleged tort or violation of the Agreement, will be governed by, construed, and enforced in accordance with the Laws of the State of Ohio, without regard to the conflict of laws or the legal theory upon which such matter is asserted. 7. SEVERABILITY. If any provision hereof shall be determined to be invalid or unenforceable, such determination shall not affect the validity of the other provisions of this Agreement. Moreover, any provisions that should survive the expiration or termination will survive the expiration or termination of this Agreement. 8. AMENDMENT This Agreement shall not be modified except by the express written consent by both parties hereto. 9. WAIVER. Waiver by either party or the failure by either party to claim a breach of any provision of this Agreement shall not be deemed to constitute a waiver or estoppel with respect to any subsequent breach of any provision hereof. 10. FORCE MAJEURE. Neither party shall be liable for any delay or failure to perform any duty or obligation it may have pursuant to this Agreement where such delay or failure has been occasioned by any act of God, fire, strike, inevitable accident, war or any cause outside the party's reasonable control. 11. COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be deemed to be an original copy, and all of which together shall constitute one Agreement binding on all parties hereto, notwithstanding that all the parties shall not have signed the same counterpart. Page 4 of 7
5. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties with respect to its subject matter, and supersedes all prior and contemporaneous agreements, representations or understandings, whether written or oral, as to the same. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representative to be effective as of the Effective Date as specified in Section 1 of this Agreement. FOR THE BOARD: Mayor David Smith President District Advisory Council Date: FOR THE CITY: Mayor Bill Schneider Date: Approved as to form. Cuyahoga County Board of Health Office of General Counsel By: Date: Approved as to form. By: Director of Law Date: Page 5 of 7
EXHIBIT A SCOPE OF WORK The General Health District of Cuyahoga County, Ohio, hereby agrees to provide health services for the City of Fairview Park for the calendar years 2026 and 2027 as set forth below (“Services”). e The Board shall have full authority to be and act as the public health authority for the City. * The Services described in the schedule listed below in this Exhibit will be provided by the District Board of Health of Cuyahoga County (“Board”) to the City. e The Services will include all necessary medical, nursing, sanitary, laboratory and such other health services as are required by the Statutes of the State of Ohio. ¢ Air pollution enforcement services, as described in Chapter 3704 of the Ohio Revised Code (“ORC”), will be conducted through the designated agent, the Cleveland Division of Air Pollution Control, not by the Board. This authorization is contingent upon renewal of the Agreement between the Ohio EPA and the City of Cleveland and satisfactory performance of the Agreement terms and conditions regarding air pollution control in Cuyahoga County. The Board of Health reserves the right to alter, modify or amend this Agreement provision with notice to the City. e The following specific services shall be a part of the Services provided under this Agreement: List of Functions, Programs and Services Animal Control and Shelter: Rabies Surveillance — Animal bite follow up Environmental Health - State Programs: Food Service Operation Licensing/ Inspection/Education Retail Food Establishment Licensing & Inspection. School Facilities Inspection Smoke Free Workplace Enforcement Public Swimming Pool & Spa Licensing & Inspection Tattoo & Body Piercing Enforcement Temporary Park Camp Licensing/Inspection/Enforcement Clean Indoor Air Regulation - complaint based response Home Day Care Inspections - USDA Inspections Only/Fee for Service Nuisance & Vector Control Solid Waste Enforcement Page 6 of 7
Development of Local Emergency Response Plan - participation Community Outreach and Education Northeast Ohio Regional Public Health Partnership - participation Epidemiology, Surveillance, Investigation Services: Reportable Infectious Disease investigation and follow-up (excluding HIV/AIDS; STD; TB) Disease Outbreak Management Regional Infection Control Committee — participation NEO Regional. Epidemiology Response Team — participation Health Promotion: (As Appropriate) Immunization Program: Childhood and Adult Vaccine Administration Services - Fee for Service. Most insurance accepted, by appointment. Charges may be waived for inability to pay. Seasonal Influenza vaccine clinics - Fee for Service, most insurance accepted. Immunize Ohio- participation Jail Inmate Health Services: Jail Inspection - provided once annually Lead Poisoning Prevention: Pediatric blood lead testing - Fee for Service. Charges may be waived for inability to pay Case management Environmental Assessment - Limited fee for service Community Education and Outreach Greater Cleveland Healthy Homes Advisory Council Occupational Health: Immunizations and Tuberculosis screenings - Fee for Service Bureau for Children with Medical Handicaps (BCMH) Public Health Nursing Services Administrative Services: Administration Grant Writing & Management Budget Records Management Accounts Payable, Accounts Receivable Data Entry & Program Management Reports - Financial & Statistical oe! oF Soo oO 6} © & wg Ba 2 eg pole = 8 mi & Chee a 5 A b ~~ ~ =] a o ° tony a ~ o = > = =I oy o a = ba 9 ° oa Le 3 Ss 3 nh S * le] s S| oe s ef 4] > = my ° 7 = ° = Co ol -> = Le) eo) ) = =I at = = o THE BOARD RESERVES THE RIGHT TO AMEND THIS EXHIBIT AT ANYTIME. Page 7 of 7
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 RE: Cuyahoga County Board of Health Contract for 2026 and 2027 DATE: September 15, 2025 The Administration of the City of Fairview Park requests passage of the following Ordinance to be passed after three readings with emergency enactment: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE CUYAHOGA COUNTY BOARD OF HEALTH FOR HEALTH SERVICES FOR THE YEARS 2026 AND 2027 Chapter 3709 of the Ohio Revised Code mandates that all Ohio municipalities must provide health services either through a city health district or by a valid contract with the county health district. The City of Fairview Park has contracted for health services with Cuyahoga County Board of Health in the past and would like to continue contracting with the Cuyahoga County Board of Health for such services for calendar years 2026 and 2027. The contract for 2026 and 2027 is attached to the legislation as Exhibit A. Cc: A. Steven Dever, Law Director Jennifer Pae, Finance Director/HR Manager Liz Westbrooks, Clerk of Council
Resolution 25-16 | Page 1 CITY OF FAIRVIEW PARK RESOLUTION NO.: 25-16 REQUESTED BY: LAURA BRONDOS, SENIOR LIFE DIRECTOR SPONSORED BY: COUNCILWOMAN KING CO-SPONSORED BY: COUNCILMAN MINEK A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE WESTERN RESERVE AREA AGENCY ON AGING TO ACCEPT GRANT FUNDS FROM SAID AGENCY FOR THE CITY'S PROGRAMS UNDER THE TITLE III OF THE OLDER AMERICANS ACT OF 1965 (42 USC 35) WHICH PROVIDES FUNDING FOR TRANSPORTATION, NUTRITION AND SUPPORT SERVICES AND PARTIAL FUNDING FOR SUPPLEMENTAL PROGRAMS THEREUNDER FOR THE YEARS 2026 AND 2027 AND DECLARING AN EMERGENCY WHEREAS, the Western Reserve Area Agency on Aging administers a program of grants from the Federal Government under Title III of the 1965 Older Americans Act (42 USC 35) whereby the City may obtain funds to provide programs for persons 60 years of age or older. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND ST ATE OF OHIO: SECTION 1. That the Mayor is hereby authorized to enter into a contract with the Western Reserve Area Agency on Aging which contract will provide partial funding in an amount not to exceed eighteen thousand four hundred fifty-nine dollars ($18,459.00), with said funds to be deposited into the Special Hold Fund (611) for the City's Programs under Title III of the 1965 Older Americans Act (42 USC 35) to include transportation, nutrition and suppo1t services for the years 2026 and 2027. SECTION 2. 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 3. That this Resolution is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety and welfare and to timely meet the filing deadline for signing the contract and receiving funds, 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.
Resolution 25-16 | Page 2 PASSED: 1st reading: 09.15.25 APPROVED: 2nd reading:10.06.25 3rd reading: ________________________________ Bridget C. King, Council President ________________________________ 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: Senior Life Director Laura Brondos RE: 2026-2027 Western Reserve Area Agency on Aging Grant DATE: September 15, 2025 The Administration of the City of Fairview Park requests passage of the following Resolution to be passed after three readings with emergency enactment: A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE WESTERN RESERVE AREA AGENCY ON AGING TO ACCEPT GRANT FUNDS FROM SAID AGENCY FOR THE CITY'S PROGRAMS UNDER THE TITLE III OF THE OLDER AMERICANS ACT OF 1965 (42 USC 35) WHICH PROVIDES FUNDING FOR TRANSPORTATION, NUTRITION AND SUPPORT SERVICES AND PARTIAL FUNDING FOR SUPPLEMENTAL PROGRAMS THEREUNDER FOR THE YEARS 2026 AND 2027 AND DECLARING AN EMERGENCY The Senior Life Department is requesting a continuation of their grant contract with the Western Reserve Area Agency on Aging (“WRAAA”) in the amount of eighteen thousand four hundred fifty-nine dollars ($18,459.00) for the years 2026 and 2027. The Senior Life Department has received grant award from the WRAAA for 25 years and these funds are used to provide nutrition services (3 meals a week) to any senior citizen aged 60 or older. This grant is made possible through WRAAA which contract will provide partial funding in an amount not to exceed eighteen thousand four hundred fifty-nine dollars ($18,459.00), with said funds to be deposited into the Special Hold Fund (611) for the City's Programs under Title III of the 1965 Older Americans Act (42 USC 35) to include nutrition and support services for the years 2026 and 2027. Cc: Mayor Bill Schneider A. Steven Dever, Law Director Jennifer Pae, Finance Director/HR Manager