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MONDAY, JANUARY 5, 2026 CITY HALL - COUNCIL CHAMBERS SWEARING-IN OF COUNCIL | COUNCIL ORGANIZATIONAL MEETING – 6:45 PM CAUCUS | COUNCIL MEETING (immediately following) ADMINISTRATION OF OATH OF OFFICE Ward 1- Patrick Lang Ward 2 - William (Bill) Minek Ward 3 – Troy Greenfield Ward 4 – Sarah Wering COUNCIL ORGANIZATIONAL MEETING MEETING CALLED TO ORDER ROLL CALL EXECUTIVE SESSION Charter Article 15 (1): To consider the appointment of a public employee or official COUNCIL APPOINTMENTS ADJOURNMENT COUNCIL MEETING MEETING CALL TO ORDER | MOMENT OF SILENT PRAYER | PLEDGE OF ALLEGIANCE ROLL CALL WRITTEN COMMUNICATIONS, PETITIONS AND CLAIMS APPROVAL OF MINUTES Regular Meetings of Council – September 15, October 6, 20 and November 17, 2025 Special Meetings of Council – August 4 and November 5, 2025 ~ LEGISLATIVE AGENDA ~ LEGISLATION ON FOR FIRST READING ORD. 26-__ Authorizing Computer Services Contract with Simvay LLC ORD. 26-__ Purchase Portable Message Sign for Service Department Continued on next page
AUDIENCE INPUT ON LEGISLATION UP FOR PASSAGE LEGISLATION ON FOR THIRD READING AND FINAL PASSAGE ORD. 25-66 Bids and Contracts for West 210 Resurfacing ORD. 25-67 Contract for Bidding and Construction Administration for West 210 Resurfacing RES. 25-18 Adopting Transit-Oriented Development (TOD) Overlay District LEGISLATION ON FOR PASSAGE WITHOUT THREE READINGS ORD. 26-__ Approving Increase for Contract for West 223 Waterline Replacement Project REPORTS AND COMMUNICATIONS FROM MAYOR, DIRECTORS AND OTHER CITY OFFICIALS PUBLIC SESSION MISCELLANEOUS BUSINESS AND REPORTS FROM COUNCIL ADJOURNMENT
COUNCIL MINUTES_SPECIAL MEETING_AUGUST 4, 2025 | Page 1 1 MINUTES OF THE SPECIAL MEETING OF FAIRVIEW PARK CITY COUNCIL 2 MONDAY, AUGUST 4, 2025 3 4 The special meeting of Council was called to order by Council President Kilbane at 6:00 p.m. 5 MOMENT OF SILENT PRAYER 6 ROLL CALL | PRESENT: 7 COUNCIL – YES: B. Minek, T. Greenfield, M. Kilbane, S. Wering and B. King 8 ADMINISTRATION – Mayor Schneider, Director Pae, Director Hitch, Director Dever and Engineer 9 Kerber 10 11 THE CHAIR made a motion to excuse Councilman B. Simmerly from the meeting. 12 ROLL ON MOTION: Vote: YES-5, NO-0 13 YES: B. Minek, T. Greenfield, M. Kilbane, S. Wering and B. King 14 15 THE CHAIR made a motion to excuse Councilwoman K. Mann from the meeting. 16 ROLL ON MOTION: Vote: YES-5, NO-0 17 YES: B. Minek, T. Greenfield, M. Kilbane, S. Wering and B. King 18 19 WRITTEN COMMUNICATIONS, PETITIONS AND CLAIMS 20 21 AUDIENCE INPUT ON LEGISLATION UP FOR PASSAGE 22 23 LEGISLATION UP FOR PASSAGE WITHOUT THREE READINGS 24 COUNCILWOMAN KING placed the following legislation up for emergency passage. 25 ORDINANCE NO. 25-46 26 ORGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR 27 REQUESTED BY: BRYAN HITCH, SERVICE DIRECTOR 28 SPONSORED BY: COUNCILWOMAN KING and COUNCILMAN MINEK 29 AN ORDINANCE AUTHORIZING THE CITY OF FAIRVIEW PARK TO ENTER INTO CONTRACT 30 WITH TERRACE CONSTRUCTION CO., INC. FOR THE CONSTRUCTION OF SEWER AND 31 WATERLINE IMPROVEMENTS ON STANFORD AVENUE AND DECLARING AN EMERGENCY 32 COUNCILWOMAN KING made a motion to Suspend the Charter Provision & Rule 49 requiring 3 33 readings 34 MOVED and SECONDED 35 ROLL ON MOTION: Vote: YES-5, NO-0 36 YES: B. Minek, T. Greenfield, M. Kilbane, S. Wering and B. King 37 COUNCILWOMAN KING made a motion to Dispense with Rule 53 requiring reference to committee. 38 MOVED and SECONDED 39 ROLL ON MOTION: Vote: YES-5, NO-0 40 YES: B. Minek, T. Greenfield, M. Kilbane, S. Wering and B. King 41 THE CHAIR asked if there was any further discussion prior to passage. 42 COUNCILWOMAN WERING asked for a summary of what the legislation is, and why we need to pass 43 on emergency first reading. 44 ENGINEER KERBER said that the legislation is awarding the contract for the Stanford Avenue water line 45 improvements to Terrace Construction. There were previous pieces of legislation that were done including 46 for OPWC and plans and specifications, but not for bids and contracts. This was realized during final review 47 and awarding of the contract. That is why Council is now being asked to award the contract tonight. 48 THE CHAIR asked if there was any further discussion prior to passage. No discussion. 49 ROLL ON PASSAGE (PASSED) Vote: YES-5, NO-0 50 YES: B. Minek, T. Greenfield, M. Kilbane, S. Wering and B. King 51
COUNCIL MINUTES_SPECIAL MEETING_AUGUST 4, 2025 | Page 2 52 RESOLUTION NO. 25-13 53 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 54 REQUESTED BY: MAYOR BILL SCHNEIDER 55 SPONSORED BY: COUNCILWOMAN KING and COUNCILWOMAN WERING 56 A RESOLUTION REPEALING RESOLUTION 25-12 AMENDED AND REPLACING IT HEREIN TO 57 SUBMIT TO THE VOTERS THE QUESTION OF A RENEWAL OF A TAX FOR THE BENEFIT OF 58 THE CITY OF FAIRVIEW PARK FOR THE PURPOSE OF PROVIDING AND MAINTAINING FIRE 59 APPARATUS, BUILDINGS, PAYMENT OF FIREFIGHTERS SALARIES, EMPLOYER'S 60 CONTRIBUTION REQUIRED UNDER SECTION 742.34 OF THE REVISED CODE, PURCHASING 61 AMBULANCE EQUIPMENT, FOR PROVIDING AMBULANCE, PARAMEDIC OR OTHER 62 EMERGENCY MEDICAL SERVICES AT A RATE NOT EXCEEDING 1 MILL FOR EACH ONE 63 DOLLAR OF VALUATION, WHICH AMOUNTS TO TEN CENTS FOR EACH ONE HUNDRED 64 DOLLARS OF VALUATION, FOR FIVE YEARS, COMMENCING IN 2026, FIRST DUE IN 65 CALENDAR YEAR 2027 AND DECLARING AN EMERGENCY 66 67 COUNCILWOMAN KING made a motion to Suspend the Charter Provision & Rule 49 requiring 3 68 readings. 69 MOVED and SECONDED. 70 ROLL ON MOTION: Vote: YES-5, NO-0 71 YES: B. Minek, T. Greenfield, M. Kilbane, S. Wering and B. King 72 COUNCILWOMAN KING made a motion to Dispense with Rule 53 requiring reference to committee. 73 MOVED and SECONDED 74 ROLL ON MOTION: Vote: YES-5, NO-0 75 YES: B. Minek, T. Greenfield, M. Kilbane, S. Wering and B. King 76 THE CHAIR asked if there was any further discussion prior to passage. 77 COUNCILWOMAN WERING asked the reason for the resolution and why we need to pass on emergency 78 first reading. 79 ASST. LAW DIR. CASTELE explained that there was a change to the law dictating language and amounts 80 for levies filed after July 16 needed to be rounded to the nearest dollar, versus the previous nearest thousand. 81 The Board of Elections and Fiscal Offices in many counties were not aware of this change, and so have 82 asked that communities repeal and update their legislation to be in compliance with the new law. The 83 difference in our legislation is a total of $332. The legislation has to be filed by August 6 in order to get on 84 the ballot, which is the reason for emergency passage being requested. 85 THE CHAIR asked if there was any further discussion prior to passage. No discussion. 86 ROLL ON PASSAGE (PASSED) Vote: YES-5, NO-0 87 YES: B. Minek, T. Greenfield, M. Kilbane, S. Wering and B. King 88 89 THE CHAIR said pursuant to Fairview Park Charter Article 4, Section 7(b) and Council Rule 5, no other 90 subject(s) will be considered. 91 THE CHAIR made a motion to adjourn. 92 ROLL ON MOTION: Vote: YES-5, NO-0 | Motion carried. 93 YES: B. Minek, T. Greenfield, M. Kilbane, S. Wering and B. King 94 Motion carries, meeting adjourned at 6:12 p.m. 95 96 97 ___________________________________ 98 Bridget C. King, Council President 99 100 ___________________________________ 101 Liz L. Westbrooks, Clerk of Council 102
COUNCIL MINUTES_SEPTEMBER 15, 2025 | Page 1 1 MINUTES OF THE REGULAR MEETING OF FAIRVIEW PARK CITY COUNCIL 2 MONDAY, SEPTEMBER 15, 2025 3 4 The regular meeting of Council was called to order by Council President Pro Tem Minek at 7:01 p.m. 5 MOMENT OF SILENT PRAYER 6 ROLL CALL | PRESENT: 7 COUNCIL – B. Simmerly, B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 8 ADMINISTRATION – Mayor Schneider, Director Pae, and Director Dever 9 10 EXECUTIVE SESSION 11 THE CHAIR made a motion to move into executive session for the purposes of considering the appointment 12 and employment of a public employee or official; conferences with an attorney for the public body 13 concerning disputes involving the public body that are the subject to pending or imminent court action; 14 preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees 15 concerning their compensation or other terms and conditions of their employment and specialized details 16 of security arrangements where disclosure of the matters discussed might reveal information that could be 17 used for the purpose of committing, or avoiding prosecution for, a violation of the law. 18 MOVED and SECONDED. 19 ROLL ON MOTION: Vote: YES-6 | NO-0 20 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering, B. King and K. Mann 21 THE CHAIR made a motion to adjourn executive session and return to the regular meeting. 22 MOVED and SECONDED. 23 ROLL ON MOTION: Vote: YES-6 | NO-0 24 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering, B. King and K. Mann 25 26 WRITTEN COMMUNICATIONS, PETITIONS AND CLAIMS 27 THE CLERK read the following communication from President Michael Kilbane: 28 Mayor and Council Colleagues, Due to the negative attention a comment that i made on a social media post 29 hast brought to the City, I am hereby resigning my position as City Council President, effective 30 immediately. I am sorry to the residents, my neighbors and to my colleagues for everything you’ve had to 31 endure as a result of my comment. I apologize profusely. I love this city and it has been my very great honor 32 to have been allowed to serve you all these years. Sincerely, Michael P. Kilbane 33 34 COMMITTEE REPORTS 35 COUNCILWOMAN WERING reported that the Local Government and Community Services Committee 36 Local Government & Community Services met on Monday, September 8th beginning at 7 PM. Present 37 were Councilpersons Simmerly, Minek, Greenfield, Wering, King and Mann. Also present were Mayor 38 Schneider, Directors Pae, Hitch, Dever and Kemp, as well as the City's owner representative for the Gemini 39 Center Rehabilitation Project, Roger Riachi. 40 The committee discussed the Issue: Gemini Center. Director Kemp and Guest Roger Riachi from RFC 41 Contracting, Inc. updated Council and the community on the status of the Gemini Center Rehabilitation 42 Project. At this time, nearly 90% of the demolition work is complete in the facility. Around 30% of the new 43 pool construction has been completed. And the majority of the roofing portions of the project should be 44 completed in September, with flashing and other detail work outstanding. Exterior work on the building 45 has begun, including work on the Northwest Corner of the fitness floor. This will require a portion of the 46 upstairs fitness floor and the track to close for a period of time for construction staging and workspace. It 47 is unlikely to be open overnight and there won't be any work done when it's raining/bad weather. There are 48 weather delays built into the schedule to accommodate poor weather conditions. The roof above the main 49 gym is being replaced and the skylight window is being prepared to be lifted, flashed and put back down. 50
COUNCIL MINUTES_SEPTEMBER 15, 2025 | Page 2 As a result, scaffolding will be set up on the first floor, with the area still passable to users of the facility. 51 Renderings of the new children's play feature and the new completely indoor slide were shared. Photos of 52 the new fully stainless steel walls and gutters in the natatorium and the new, larger surge tank were shared. 53 Director Kemp gave an overview of the "next steps" related to the construction and the next steps related 54 to building out the program development which includes staffing, protocols, grand opening events, risk 55 management plans and more. 56 Currently, there have been changes to the scope and timing of the project. The scope has changed relative 57 to the plan for the scoreboard and timing system in the natatorium and the work to be completed in the 58 men's shower area. The scoreboard was originally supposed to be updated and fixed as-is, but it is now 59 recommended that an entire new system is put into the natatorium while the construction is happening, as 60 the original system is likely past its useful lifespan. In the men's shower area, there was a problem with 61 water behind a wall. The original plan was related to fixing a leak resulting from a roof or window, but it 62 was found that the wall was leaking from the inside, from a pipe or coming through from the natatorium. 63 The wall is rotted out and needs to be completely rebuilt. At this time the project leads are trying to identify 64 if there is a budget or schedule change, as the majority of the fix would be the same even with a different 65 cause. Relative to the timing of the project, there is currently a delay with the natatorium due to the length 66 of time it took for the Department of Health to approve the main pool drain. This was on the critical path 67 for completion, meaning other work could not be completed while this review was happening. The delay is 68 approximately 3 and a half weeks. Currently the project leads are unsure if this will create a delay in the 69 365 day schedule. They believe there might be a chance time is picked up elsewhere in the schedule but 70 cannot say for sure at this time. Because the delay is not a result of the contractor's work and rather an 71 outside force, there is unlikely to be a penalty if the project is not completed in 365 days relative ONLY to 72 this delay. 73 A motion to leave the Gemini Center in committee passed 6-0. 74 Council discussed Ordinance 25-47, Amending Chapter 143 Employment Provisions. 75 Director Pae gave a brief overview of the legislation changes. The section in question primarily covers 76 individuals who are not part of collective bargaining agreements or areas that are silent in such agreements. 77 The vast majority was put into place in 1991 with very few updates since. Some of the proposed changes 78 are mirrored in the collective bargaining agreements. Some of the proposed changes are the result of 79 addressing recruitment, payroll, etc. issues. The director believes that many of the items proposed to change 80 are more policy-driven than law-driven, and she would like them to be changed into policies. This is part 81 of a phased approach to updating the City's human resources-related practices. Once these changes are 82 deliberated on and a vote is made, the City will update its policy manual accordingly to be more robust and 83 updated. Council will not have an opportunity to approve the manual, but will have an opportunity to review 84 and discuss it. A motion place Ordinance 25-47 on second reading and return to committee passed 6-0. 85 Local Government & Community Services concludes at 8:01 PM. 86 87 COUNCILWOMAN KING reported that the Finance Committee met on September 8, 2025 at 8:01pm. 88 The following was discussed: 89 Ordinance 25- 48 Agreement with RE Warner for City Hall Campus Phase 2 90 Representatives from RE Warner attended the meeting to discuss the city hall campus updates. Most 91 updates are for safety and to bring the outdated building up to ADA compliant. The scope of the project is 92 focusing on safety, community access and sustainability. A motion was made to have this on second read 93 and return to committee and that passed with a vote of 6-0. 94 Ordinance 25- 49 Authorizing Change Order 1 for Gemini Project Scoreboard 95 Director Kemp was in attendance to discuss the Gemini updates including the new scoreboard. A motion 96 was made to have this on second and subsequent third read and that passed with a vote of 6-0. 97 Ordinance 25- 50 Authorizing Petty Cash Limits for City Departments 98
COUNCIL MINUTES_SEPTEMBER 15, 2025 | Page 3 Director Pae was in attendance to discuss this ordinance. During the last audit, the auditor suggested we 99 update our petty cash limits and remove the inconsistencies. A motion was made to have this on second and 100 subsequent third read and that passed with a vote of 6-0. 101 Ordinance 25- 51 Authorizing Sale of Obsolete City Vehicles and Equipment 102 This is a standard operating piece of legislation for the sale or scrapping of obsolete vehicles. A motion was 103 made to have this on second and subsequent third read and that passed with a vote of 6-0. 104 The Finance committee concluded at 9:05pm 105 This concludes my report. Full audio of the meeting can be found on the city’s web page. 106 107 THE CHAIR made a motion to accept the resignation of Council President Michael P. Kilbane. 108 MOVED and SECONDED 109 ROLL ON MOTION: Vote: YES-6, NO-0 110 YES: B. Simmerly, B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 111 112 LEGISLATION ON FIRST READING 113 COUNCILWOMAN WERING placed the following legislation on first reading and introduction: 114 RESOLUTION NO.25-15 115 ORIGINATED BY: A. STEVEN DEVER, LAW DIRECTOR 116 REQUESTED BY: MAYOR BILL SCHNEIDER 117 SPONSORED BY: COUNCILWOMAN WERING 118 A RESOLUTION IMPOSING AN IMMEDIATE MORATORIUM ON THE ISSUANCE AND 119 PROCESSING OF ANY PERMITS FOR SMOKE SHOPS WITHIN THE CITY OF FAIRVIEW PARK, 120 OHIO AND DECLARING AN EMERGENCY 121 ACTION: Resolution 25-15 was placed on first reading and referred to the Local Government & 122 Community Services Committee. 123 124 COUNCILWOMAN KING placed the following legislation on first reading and introduction: 125 ORDINANCE NO. 25-53 126 REQUESTED BY: MAYOR BILL SCHNEIDER 127 SPONSORED BY: COUNCILWOMAN KING 128 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE 129 CUYAHOGA COUNTY BOARD OF HEALTH FOR HEALTH SERVICES FOR THE YEARS 2026 130 AND 2027 131 ACTION: Ordinance 25-53 was placed on first reading and referred to the Finance Committee. 132 133 RESOLUTION NO. 25-16 134 REQUESTED BY: LAURA BRONDOS, SENIOR LIFE DIRECTOR 135 SPONSORED BY: COUNCILWOMAN KING 136 CO-SPONSORED BY: COUNCILMAN MINEK 137 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE 138 WESTERN RESERVE AREA AGENCY ON AGING TO ACCEPT GRANT FUNDS FROM SAID 139 AGENCY FOR THE CITY'S PROGRAMS UNDER THE TITLE III OF THE OLDER AMERICANS 140 ACT OF 1965 (42 USC 35) WHICH PROVIDES FUNDING FOR TRANSPORTATION, NUTRITION 141 AND SUPPORT SERVICES AND PARTIAL FUNDING FOR SUPPLEMENTAL PROGRAMS 142 THEREUNDER FOR THE YEARS 2026 AND 2027 AND DECLARING AN EMERGENCY 143 ACTION: Resolution 25- 16 was placed on first reading and referred to the Finance Committee. 144 145 LEGISLATION ON SECOND READING 146 COUNCILWOMAN WERING placed the following legislation on second reading: 147 ORDINANCE NO. 25-47 148
COUNCIL MINUTES_SEPTEMBER 15, 2025 | Page 4 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR / HR MANAGER 149 REQUESTED BY: MAYOR BILL SCHNEIDER 150 SPONSORED BY: COUNCILWOMAN WERING 151 AN ORDINANCE REPEALING SECTIONS 143.03 143.05-.08, 143.09, 143.11-13, 143.15, 143.28, and 152 143.30-39, OF CHAPTER 143 ENTITLED EMPLOYMENT PROVISIONS, REPEALING ORDINANCE 153 19-42 AND UPDATING AND RENUMBERING EXISTING PROVISIONS OF SECTIONS IN 154 CHAPTER 143, AND DECLARING AN EMERGENCY 155 ACTION: Ordinance 25-47 was placed on second reading and returned to the Local Government and 156 Community Services Committee. 157 158 COUNCILWOMAN KING placed the following legislation on second reading: 159 ORDINANCE NO. 25-48 160 ORIGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR 161 REQUESTED BY: MAYOR BILL SCHNEIDER 162 SPONSORED BY: COUNCILWOMAN KING and COUNCILMAN MINEK 163 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT WITH R.E. 164 WARNER FOR THE CITY HALL CAMPUS PROJECT PHASE 2 AND DECLARING AN 165 EMERGENCY 166 ACTION: Ordinance 25-48 was placed on second reading and returned to the Finance Committee. 167 168 ORDINANCE NO. 25-49 169 ORIGINATED BY: KERRY KEMP, DIRECTOR OF RECREATON 170 REQUESTED BY: MAYOR BILL SCHNEIDER 171 SPONSORED BY: COUNCILWOMAN KING 172 AN ORDINANCE AUTHORIZING THE ADMINISTRATION AND DIRECTING THE MAYOR TO 173 ISSUE AND APPROVE CHANGE ORDER NO. 1 FOR AN INCREASE IN THE CONTRACT PRICE 174 IN ACCORDANCE WITH THE PROVISIONS OF THE CONTRACT BETWEEN THE CITY OF 175 FAIRVIEW PARK AND WELTY IN CONNECTION WITH THE GEMINI CENTER 176 REHABITLITATION PROJECT AND DECLARING AN EMERGENCY 177 ACTION: Ordinance 25-49 was placed on second reading and subsequent third reading. 178 179 ORDINANCE NO. 25-50 180 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 181 REQUESTED BY: MAYOR BILL SCHNEIDER 182 SPONSORED BY: COUNCILWOMAN KING 183 AN ORDINANCE UPDATING THE PETTY CASH / CASH DRAWER LIMIT FOR VARIOUS 184 DEPARTMENTS, REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES 185 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY 186 ACTION: Ordinance 25-50 was placed on second reading and subsequent third reading. 187 188 ORDINANCE NO. 25-51 189 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 190 REQUESTED BY: MAYOR BILL SCHNEIDER 191 SPONSORED BY: COUNCILWOMAN KING 192 AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO SELL OBSOLETE VEHICLES 193 AND EQUIPMENT FROM THE CITY’S INVENTORY THROUGH GOVDEALS AND/OR GREATER 194 CLEVELAND AUTO AUCTION, AND TO DISPOSE/SCRAP WHAT CANNOT BE SOLD, AND 195 DECLARING AN EMERGENCY 196 ACTION: Ordinance 25-51 was placed on second reading and subsequent third reading. 197 198
COUNCIL MINUTES_SEPTEMBER 15, 2025 | Page 5 AUDIENCE INPUT ON LEGISLATION UP FOR PASSAGE 199 Ward 5 resident (name not given) – The gentleman asked where to read ordinances and whether the 200 community can weigh in on the legislation in front of Council. 201 THE CLERK advised that the meeting packets are posted to the website and that the community is given 202 opportunities to speak on legislation. 203 204 MR. JIM JACK – 4037 W. 204th St – Mr. Jack asked what Ward he was in. He wanted to know what 205 declaring an emergency meant, of emergency in legislation and what it means for passage to businesses 206 competing. 207 THE CHAIR said that emergency means that it goes into effect upon signature of the Mayor, and does not 208 have to wait the 40 days required in Charter. It means nothing in regard to contracts of the city. 209 COUNCILWOMAN WERING clarified that emergency determinies what happens after it becomes law 210 after the mayor’s signature. Items passed under emergency go into immediate effect upon the mayor’s 211 signature. Passage under emergency means that it is being passed without the three readings as required in 212 the Charter. 213 214 LEGISLATION UP FOR PASSAGE WITHOUT THREE READINGS 215 COUNCILWOMAN KING placed the following legislation up for emergency passage: 216 ORDINANCE NO. 25-54 217 REQUESTED BY: MAYOR BILL SCHNEIDER 218 SPONSORED BY: COUNCILWOMAN KING 219 AN ORDINANCE AUTHORIZING THE MAYOR TO ENGAGE THE LAW FIRM OF DILENO LAW, 220 LLC AS SPECIAL COUNSEL FOR ADVICE ON ISSUES CONCERNING AN ARBITRATION WITH 221 THE OHIO PATROLMEN’S BENEVOLENT ASSOCIATION (OPBA) AND THE CITY OF FAIRVIEW 222 PARK’S UPCOMING COLLECTIVE BARGAINING AGREEMENT (CBA) NEGOTIATIONS AND 223 DECLARING AN EMERGENCY. 224 COUNCILWOMAN KING made a motion to suspend the Charter provision & Rule 49 requiring 3 225 readings. 226 MOVED and SECONDED 227 ROLL ON MOTION: Vote: YES-6, NO-0 228 YES: B. Simmerly, B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 229 COUNCILWOMAN KING made a motion to dispense with Rule 53 requiring reference to committee 230 MOVED and SECONDED 231 ROLL ON MOTION: Vote: YES-6, NO-0 232 YES: B. Simmerly, B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 233 THE CHAIR asked if there was any discussion prior to passage. 234 COUNCILWOMAN WERING asked for an explanation of the legislation and why it is being passed 235 without three readings. 236 DIRECTOR PAE said that as is explained in legislation, we have upcoming union negotiations and OPBA 237 arbitration and all collective bargaining unions and all are ready to begin, so time is of the essence. We are 238 looking to use the services Dileno Law to assist city with those matters. 239 DIRECTOR DEVER said that arbitration requires specialized knowledge and training, labor laws 240 specifically, and dealing with Police and Fire contracts. Mr. Dileno has a good reputation throughout the 241 community and as been doing it for many years. As far as the contracts with the unions, they have been 242 copied and reused for over 15 years and they felt it is appropriate time to apply standards currently in use 243 including clearly defined responsibilities and duties and documents that work for all involved. DIRECTOR 244 DEVER said that he will assist, but the firm will be relied upon for those two issues. 245 COUNCILWOMAN MANN asked if we would normally be using our in-house counsel for doing these 246 negotiations. 247
COUNCIL MINUTES_SEPTEMBER 15, 2025 | Page 6 DIRECTOR DEVER said we typically would use the city’s Law Director, so any services he would be 248 providing will not be considered for payment under his normal duties. 249 ROLL ON PASSAGE (PASSED) Vote: YES-6, NO-0 250 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering, and K. Mann 251 252 RESOLUTION NO. 25-17 253 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 254 REQUESTED BY: MAYOR BILL SCHNEIDER 255 SPONSORED BY: COUNCILWOMAN KING 256 RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET 257 COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM 258 TO THE COUNTY FISCAL OFFICER 259 COUNCILWOMAN KING made a motion to suspend the Charter provision & Rule 49 requiring 3 260 readings. 261 MOVED and SECONDED 262 ROLL ON MOTION: Vote: YES-6, NO-0 263 YES: B. Simmerly, B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 264 COUNCILWOMAN KING made a motion to dispense with Rule 53 requiring reference to committee 265 MOVED and SECONDED 266 ROLL ON MOTION: Vote: YES-6, NO-0 267 YES: B. Simmerly, B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 268 THE CHAIR asked if there was any discussion prior to passage. 269 COUNCILWOMAN WERING asked for an explanation of the legislation, and why it is being passed 270 without three readings. 271 DIRECTOR PAE said this is standard operating procedure and just one more piece of legislation in addition 272 to the tax resolution previously passed and submitted to County Fiscal Office and the State Budget 273 Commission to allow the County to collect property taxes on behalf of the City of Fairview Park. 274 ROLL ON PASSAGE (PASSED) Vote: YES-6, NO-0 275 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering, and K. Mann 276 277 REPORTS AND COMMUNICATIONS FROM THE MAYOR, DIRECTORS AND OTHER CITY 278 OFFICIALS 279 MAYOR SCHNEIDER said he just wanted to speak on the last 5 days and that they have been awful, as it 280 is not everyday tt you have to talk to your President of Council about resigning. He said that a statement 281 was put out a couple days ago. He said the comment made was insensitive and that’s not Fairvieew Park.We 282 will hold people to higher level of responsibility and be better than other places, He apologized to the 283 community for having to deal with this, and believes the city is on the uptrend and works to make sure his 284 hometown is the best it can be. It is not the attention we want for the city, and has been a lot for all city staff 285 and everyone and hopes that we can move past this. We will work within the facts and law to find a 286 replacement to ensure all actions are done in accordance with them. 287 288 DIRECTOR PAE said the Mayor and the city’s bond counsel did presentation with Moodys for bond rating 289 for $12.9 million issue of bonds $3 million in bonds for sewer improvement projects. They will watch for 290 results to see that rating is affirmed. We are also waiting for the completion of the 2024 audit review by the 291 Auditor of State. The special assessments passed have been filed for collection in 2026 by the County. The 292 city had posted for the position of Assistant Service Director has hired John Gribble, who will begin in that 293 role on Monday, September 22. The city has posted a various trades request for qualifications to do business 294 with city and are due September 26. Info can be found on city website for this. 295 296
COUNCIL MINUTES_SEPTEMBER 15, 2025 | Page 7 DIRECTOR DEVER said that now that there has been a vacancy in office of President of Council, the 297 Charter requires that the members of Council select from their membership the replacement. That will be 298 set at another meeting and more details will be given moving forward. 299 300 MAYOR SCHNEIDER provided Engineer Kerber’s report: 301 Haber Drive – Asphalt Surface course was placed today and should be wrapped up by October. 302 Part of the 303 Stanford – The contractor has installed the temporary water service. He advised everyone to steer clear of 304 driving over there especially with bicycles. 305 306 PUBLIC SESSION 307 MR. BRAD LINNET – 4047 W. 204th St – Mr. Linnet spoke on his disappointment of Mr. Kilbane’s 308 comments. He also spoke on the future of freedom of speech, inflammatory speech the makeup of political 309 affiliations in the city and voting patterns and being a non-partisan. He encouraged everyone to disagree 310 civilly, not destructively. He advised he had a petition for interested parties to sign regarding property taxes. 311 312 MR. DENNIS REHOR - 4261 W. 214th St – Mr. Rehor thanked the mayor for his comments and said that 313 he feels that it is a terrible time for the city. He said he has spoken to people who are concerned about the 314 health of the city. He said he remembers a time when people put differences aside and came together as 315 family. He said the city is craving l, eadership, and we need to look forward. He encouraged everyone to 316 think behind a keyboard and to think about how things that are said will affect the city. 317 318 MR. RICHARD RADICE -14532 Garfield Ave – Mr. Radice said that he is not a resident but lives down 319 the street. He said he is part of the generation that Charlie Kirk was open to. He thanked everyone for taking 320 accountability and doing the right thing. He said that the Christian way is to forgive and be peacemakers 321 who are no longer afraid to stand up for themselves. 322 323 MS. KITTY SZADO – 4435 Valley Forge – Ms. Szado thanked the mayor for his words tonight. She said 324 moving forward she hopes the city never goes down this road again regardless of political affiliation. She 325 hoped that the city would consider conservatives who share Charlie Kirk’s values when selecting a new 326 Council President. She spoke about the police presence that was at Mr. Kilbane’s home and lended support 327 to the police department. 328 329 MR. JIM JACK – 4037 W. 204th St – Mr. Jack said that he was disappointed to not hear from elected 330 officials in response to Mr. Kilbane’s comments. He said he will be paying more attention to city 331 government. He said some things are not politics and that wrong is wrong. He said he has said some pointed 332 things but owns his own business, and you can choose not to do business with him. Those that represent 333 the community should be mindful in what they say. He asked about the process to replace the Council 334 President. MR. JACK asked what the 2026 agenda was and said he has noticed improvement to flooding 335 issues. He said he is happy with how the city is run in general. 336 MAYOR SCHNEIDER said this is unchartered territory and that the city will follow the steps and timetable 337 in place for that. In the works for 2026 are the West 210 Street replacement, continued water replacements 338 on Woodstock and Stanford and Director Hitch will be presenting on findings of sewer televising, repairs 339 projects and work for those and the Gemini project continuation. 340 341 MR. KEVIN SCANLON- 4508 W. 227th St – Mr. Scanlon expressed disappointment at the celebration of 342 Americans in general at the death of someone on television. He asked each member to denounce political 343 violence. 344 Several COUNCILMEMBERS expressed that this was a public session not for back and forth discussion, 345 and that Council members make remarks during that portion of the meeting. 346
COUNCIL MINUTES_SEPTEMBER 15, 2025 | Page 8 COUNCILMAN MANN asked the Clerk about the process to speak to and through Council at meetings. 347 THE CLERK read from Council Rules 2 regarding public meetings: Each person addressing Council shall 348 rise, give their name and address in an audible tone of voice for the record and, unless further time is granted 349 by Council, shall limit their address to five minutes. All remarks shall be addressed to Council as a body, 350 to any member thereof or to the administration or any member thereof. Speakers shall be courteous in their 351 language and avoid personalities. No person, other than Council, the administration and the person having 352 the floor, shall be permitted to enter into any discussion, either directly or through a member of Council, 353 without the permission of the Presiding Officer. No questions shall be asked of a member of Council or by 354 a member of Council except through the Presiding Officer. 355 THE CHAIR asked members for response. 356 COUNCILMAN SIMMERLY said that he agrees with Mr. Scanlon, and said that he has comments during 357 that portion of the meeting. 358 COUNCILWOMAN GREENFIELD thanked residents for coming out and being engaged. She encouraged 359 residents to continue to come to meetings. She continued saying that she nor anyone on council supports 360 the death or murder of any citizen anywhere. Political violence is not acceptable, nor are attacks and rhetoric 361 on other people. The impacts of what was said is understood, and the body has taken action accordingly. 362 THE CHAIR said as a retired police officer, he knows what is going on. 363 COUNCILWOMAN WERING said that she denounces all violence, including political violence. She 364 supported the mayor and Councilwoman Greenfield ‘s statements were clear that political violence is not 365 supported. Treating people with humanity is expected, and this incident was a member of Council operating 366 independently and it does not represent the rest of individuals on this dais, and that has been taken care of. 367 COUNCILWOMAN KING said that she does not condone violence and believes that gun control is 368 something that needs addressed in this country. She said she is not sure how her political or personal views 369 has to do with anything in this city. She reiterated that she does not condone any kind violence. 370 COUNCILWOMAN MANN said that she does not condone violence and don’t know of anyone that does. 371 We cannot have a free democracy if people are in fear of being able to speak, and thinks that everyone 372 should be responsible with their rhetoric as there are too many using inflammatory language to fire people 373 up. She said she abhors political violence and is upset by another death by gun violence. 374 375 MR. ROBERT PLESS – 22495 Sycamore Dr – Mr. Pless asked the Law Director of an update on the 376 boulder situation. He said that he would like this boulder situation taken out of the hands of the police. He 377 said that we should give the police a lot more money, he knows that’s not possible, but they deserve it. 378 DIRECTOR DEVER said that he was in receipt of his note with various locations where there are boulders 379 on tree lawns and they will be investigated and dealt with accordingly. 380 MR. PLESS said that Council is doing their best and commended the Departments of the city. He said that 381 it still bothers his heart that the Clerk does not say the pledge of allegiance. He said that it represents 382 everybody in this country and freedom and feels that it is very disrespectful. 383 COUNCILWOMAN MANN stated that the first amendment protects your speech. It also does not compel 384 you to speak and that the Clerk is within her rights and should not be punished for exercising her 385 constitutional right. 386 387 MRS. KELLIE DUBAY-GILLIS – 19164 Henry Rd – Mrs. Dubay-Gillis said she has lived in the city for 388 20 years and this is where her roots are. She has served on the School Board, and understands what elected 389 officials go through to some degree, as it was the hardest job she has ever had. The work done is under 390 appreciated, largely misunderstood and comes with awesome responsibility. She said that she is sad about 391 what is happening in the community; that people’s first amendment rights have resulted in threats of 392 violence in our community, and she believes that is what precipitated the resignation of Mr. Kilbane. First 393 amendment rights are protected speech and there are consequences to what we say, but in this instance 394 consequences are at the ballot box. She said that Mr. Kilbane has offered many great years of service, to 395 this city and community wanted to put that in the record. She encouraged individuals to look into the actual 396
COUNCIL MINUTES_SEPTEMBER 15, 2025 | Page 9 things he has done in this city. There have been contentious issues where she addressed him and others. At 397 the end of the day we are all neighbors, and need to come together to make sure the city functions civilly 398 and civiclly. She wanted to leave on a note of hope because the chamber has been filled, because she saw 399 old friends, made new ones and had conversations with individuals about tough topics during council’s 400 executive session. She said if there is a silver lining of nastiness and violence in our Country, things that 401 have trickled here to Fairview Park. She is going to leave hoping people will talk about accountability, not 402 just on a community level, but state and nationally too; hopeful that we are going to get involved and vote 403 more. She said there were many things she didn’t agree with tonight and some that she did, and is hopeful 404 that we will look neighbors in the eye in a way never done before, get to know each other on a personal 405 level, find common ground, challenge in positive ways and listen and understand why people make the 406 choices that they do. Our right to the first amendment allow us to speak up or remain quiet, and we need to 407 respect each other for all of our choices. MRS. KELLIE DUBAY-GILLIS thanked officials for the work 408 that they do and offered for neighbors to get to know each other. 409 410 MISCELLANEOUS BUSINESS AND COMMENTS BY MEMBERS OF COUNCIL 411 COUNCILMAN SIMMERLY said, First I want to thank all the residents that joined us this evening and 412 shared your comments and feelings with us. Over the past few days, I have received countless calls, texts, 413 emails and social media messages from residents communicating their outrage on what Mike said. 414 This should not even be a political issue. Charlie Kirk was a husband and father of two. 415 The comments reflected poorly on the city of Fairview Park and drew a lot of attention not needed to our 416 great city. I have lived in Fairview for 38 years and have always been proud to call this city my home. 417 That is why I chose to buy my first home here, raise my two daughters here and eventually serve the 418 residents of Fairview Park. We now need to move forward and get back to making Fairview Park a Great 419 Place to Grow. Thank you. 420 421 COUNCILWOMAN GREENFIELD thanked everyone for coming out again and said that both the political 422 violence and lack of civility that has been executed over the course of the last 4 days are not condoned. She 423 looks forward to moving forward, getting to know you and making Fairview Park the best it can be. She 424 thanked the mayor for his leadership and hard work in helping the city move forward. 425 426 COUNCILWOMAN WERING thanked everyone for joining and showing their passion tonight, which is 427 important to the democratic process. She said that this is one of the hardest jobs she has had; to aptly listen 428 and represent all the different opinions and comments that come during the course of serving constituent, 429 while making sure the city operates She reiterated that no one condones violence, and suggested that we 430 take Ms. Dubay-Gillis’ advice and have the conversations and find common ground, which could help 431 understand where everyone is coming from better and treat each other as friends. She encouraged everyone 432 to come out again. 433 434 COUNCILWOMAN KING thanked everyone for coming out, as it is important and helps them to do their 435 job. Council meets on Mondays at 7pm and would love to see you more to learn about the legislation and 436 get to see the behind the scenes. 437 438 COUNCILWOMAN MANN thanked residents for coming out and said, my comments tonight are directed 439 at you as you are the people in this room that I answer to. It might surprise you to know that only a few 440 residents reached out to me about Mike Kilbane’s comments. One was in support of his right to free speech. 441 Two asked me to remove him. We are a city of laws. In our laws there is a process that allows us to remove 442 a fellow council member if their actions meet certain standards. And the standards for that are high. They 443 have to commit a crime or do something unlawful or abuse their powers or do something so morally 444 depraved that reasonable people agree it was unforgivable. Mike Kilbane’s actions didn’t meet these 445 standards. There is a reason these standards are so high. It’s so this council cannot override your will. You, 446
COUNCIL MINUTES_SEPTEMBER 15, 2025 | Page 10 as a group, put Mike Kilbane in that seat. It was your collective job and your democratic right to remove 447 him. You had the power to recall Mike Kilbane if enough of you decided to do so. But you weren’t given 448 time for that. There was no pause for tempers to cool, for council to meet, for the legal process to work. No 449 chance to make you aware of the pressure campaign I witnessed coming from an “enraged” state 450 representative to force Mike Kilbane to step down. He was going to follow this closely and urge his 451 colleagues to do the same. To what end sir? What would you do if he didn’t step down? All this for what 452 was, arguably, one man’s protected speech. So recognize what happened here. You were disempowered 453 and an election was overturned. To those of you who wanted Mike Kilbane to resign, you might feel the 454 end justifies the means. But what about the rest of you? Are you happy with how this played out? I’m not. 455 If we see more of this cancel culture and oppression, I hope we do better next time. 456 Power to the people. Everybody get home safely. 457 458 COUNCILMAN MINEK announced that the Planning and Design Commission will meet on Wednesday 459 at 7pnm with 3 docket items. He thanked everyone that came out and offered comments and offered an 460 invitation to return. 461 462 THE CHAIR made a motion to adjourn with no further business. 463 ROLL ON MOTION: Vote: YES-6, NO-0 464 YES: B. Simmerly, B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 465 Motion carries, meeting adjourned at 8:56 p.m. 466 467 468 _______________________________ 469 Bridget C. King, Council President 470 471 472 _______________________________ 473 Liz L. Westbrooks, Clerk of Council 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496
COUNCIL MINUTES_OCTOBER 6, 2025 | Page 1 1 MINUTES OF THE REGULAR MEETING OF FAIRVIEW PARK CITY COUNCIL 2 MONDAY, OCTOBER 6, 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. Simmerly, B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 8 ADMINISTRATION – Mayor Schneider, Director Pae, Director Hitch, Director Dever and Engineer 9 Kerber 10 11 THE CHAIR made a motion to move into executive session for the purpose of considering the appointment 12 of a public official or employee. 13 MOVED and SECONDED. 14 ROLL ON MOTION: Vote: YES-6 | NO-0 15 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering, B. King and K. Mann 16 THE CHAIR made a motion to adjourn executive session and return to the regular meeting. 17 MOVED and SECONDED. 18 ROLL ON MOTION: Vote: YES-6 | NO-0 19 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering, B. King and K. Mann 20 21 THE CHAIR said that there was a vacancy created for President of Council on September 15, 2025. Council 22 will now move to fill that vacancy, which has an unexpired term through December 31, 2027. I will now 23 open the floor for nominations for the President of Council. 24 COUNCILWOMAN GREENFIELD nominated Councilwoman King. 25 COUNCILWOMAN WERING nominated Councilman Simmerly. 26 THE CHAIR announced that Council will now take the vote for appointment to the Council Presidency by 27 indicating the (last) name of nominee of their choice and made a motion to vote on President of Council 28 appointment by roll call vote. 29 MOVED and SECONDED. 30 ROLL ON MOTION: Vote: KING - 5 | SIMMERLY-1 31 KING: B. Minek, T. Greenfield, B. King, S. Wering, B. King and K. Mann | SIMMERLY: B. Simmerly 32 THE CHAIR announced that Councilwoman King was appointed to President of Council and was given 33 the Oath of Office by Law Director Dever. (Councilwoman King presided as THE CHAIR (President of 34 Council) for the remainder of meeting.) 35 36 APPROVAL OF MINUTES 37 THE CHAIR made a motion to approve minutes of the regular meetings of Council for June 2, 16 and 38 September 2, 2025. 39 MOVED and SECONDED. 40 THE CHAIR said the following amendments would be made: June 2, line 348, should read Megan Otter 41 and on June 16 a repeating line on 365 was removed. 42 ROLL ON MOTION: Vote: YES-6 NO-0 43 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering, and K. Mann 44 45 THE CHAIR made a motion to approve minutes of the special meetings of Council for June 9 and 30 and 46 July 2. 47 MOVED and SECONDED. 48 ROLL ON MOTION: Vote: YES-6 NO-0 49 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering, and K. Mann 50
COUNCIL MINUTES_OCTOBER 6, 2025 | Page 2 51 WRITTEN COMMUNICATIONS, PETITIONS AND CLAIMS 52 53 COMMITTEE REPORTS 54 COUNCILWOMAN WERING reported that the Local Government and Community Services Committee 55 met Monday, September 22nd beginning at 7:07 PM. 56 Present were Councilpersons Simmerly, Greenfield, Minek, Wering, King and Mann. Also present were 57 Mayor Schneider, Directors Pae, Dever and Hitch. Directors Maynard, Raffin, Shepard, Kemp, Brondos, 58 and Otter were also present. 59 The committee discussed Ordinance 25-47, Amending Chapter 143 Employment Provisions. This 60 ordinance was discussed at the prior committee meeting. Councilwoman Mann asked about the reason we 61 would want these items to be policy vs law, and Director Pae indicated that policies are better at providing 62 flexibility for the City when circumstances require it. Additionally, having such rigid prescriptive language 63 can make it difficult to attract and retain employees. Councilwoman Mann asked about employees holding 64 two positions within the city, specifically how the pay scale and benefits are allocated. She would like to 65 know if every job has a description, as well as the duties and hours you are expected to be here for that job. 66 Director Pae believes that type of language is more appropriate for policy rather than ordinance. Director 67 Pae referred Councilwoman Mann to the salary ordinance and mentioned this might be better discussed 68 during budgeting sessions. Director Pae let Council know that there are certain benefits that cannot be 69 duplicated. For those working two roles, the two titles are not necessarily tied to two different paychecks. 70 Rather, it is an expansion of an employee's role and responsibilities. Having two separate roles filled by 71 one person allows us to later split them off should we decide that there needs to be more attention paid to 72 that area. Councilwoman Mann asked why these were originally put into law if these were policy issues. 73 Councilwoman Mann would like to make it so that no employee can hold multiple roles/responsibilities 74 based on salary title in this ordinance. Both Directors Pae and Raffin addressed Council regarding how the 75 majority of these roles would not be able to be filled based on budgetary restraints if dual roles weren't 76 allowed. This discussion continued; the chair asked Councilwoman Mann to push the discussion onto the 77 salary ordinance, budget discussions or to bring another issue to committee. Councilwoman King asked if 78 the next Fire Chief would also be an inspector and assistant fire chief, as Chief Raffin is now. Chief Raffin 79 said yes, it would be the expectation for the next Fire Chief to also take on all of these responsibilities. A 80 motion to place this ordinance on third reading and final passage passed 5-1. 81 The committee discussed Resolution 25-15, Moratorium on Smoke Shops. This Resolution would put a 82 moratorium on new smoke shops through June 2026. Smoke shops are a growing retail trend, resulting 83 from the federal approval for the sale of hemp derivatives. Local municipalities have seen a large number 84 of smoke shops moving into their city, and multiple cities have passed moratoriums or restrictions on these 85 shops. The city would like to do research on what the city can accommodate related to these sales. At this 86 time, our city ordinances do not permit smoking shops. However, there are multiple general merchandise 87 stores that sell "non authorized" products. We permit them in our city, provided they don't pass 50% of 88 sales. The city needs to create the definition of these types of retail shops to be able to better regulate them. 89 Goal of the moratorium would be to take the time to define what a smoke shop is and how they are regulated 90 within the city relative to geography, advertising, etc. Councilwoman Mann asked if we need to get outside 91 expertise prior to making these changes and rules. Director Dever suggested it would be best to start with 92 what other communities have done. A motion to place this ordinance on second, subsequent third reading 93 passed 6-0. Local Government & Community Services ended at 7:56 PM. 94 95 COUNCILWOMAN KING reported that the Finance Committee met on The Finance Committee met on 96 September 22, 2025 at 7:56pm and the following was discussed: 97 Ordinance 25-48 Agreement with RE Warner for City Hall Campus Phase 2 98 This ordinance is for environmental work for the city hall campus project. A motion was made to have this 99 on 2nd and subsequent 3rd read and that passed with a vote of 6-0. 100
COUNCIL MINUTES_OCTOBER 6, 2025 | Page 3 Ordinance 25-53 2026-2027 County Board of Health Contract 101 This is required standard operating procedure with the County Board of Health. The Ohio Revised Code 102 mandates that all Ohio municipalities must provide health services. A motion to have this on 2nd and 103 subsequent 3rd read was made and passed with a vote of 6-0 104 Resolution 25-16 Area Agency on Aging Contract 2026-2027 105 This is standard operating procedure with for the Senior Center. Each year the senior center provides 10,400 106 to area seniors at minimal cost to the seniors thanks to this grant. A motion was made to have this on 107 2nd and subsequent 3rd read and it passed with a vote of 6-0. 108 The Finance committee ended at 8:04 pm. Full audio of the meeting can be found on the city’s web page. 109 This ends my report. 110 111 LEGISLATION ON SECOND READING 112 COUNCILWOMAN WERING placed the following legislation on second reading: 113 RESOLUTION NO.: 25-15 114 ORIGINATED BY: A. STEVEN DEVER, LAW DIRECTOR 115 REQUESTED BY: MAYOR BILL SCHNEIDER 116 SPONSORED BY: COUNCILWOMAN WERING 117 A RESOLUTION IMPOSING AN IMMEDIATE MORATORIUM ON THE ISSUANCE AND 118 PROCESSING OF ANY PERMITS FOR SMOKE SHOPS WITHIN THE CITY OF FAIRVIEW PARK, 119 OHIO AND DECLARING AN EMERGENCY 120 ACTION: Resolution 25-15 was placed on second reading and subsequent third reading. 121 122 COUNCILWOMAN KING placed the following legislation on second reading: 123 ORDINANCE NO. 25-53 124 REQUESTED BY: MAYOR BILL SCHNEIDER 125 SPONSORED BY: COUNCILWOMAN KING 126 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE 127 CUYAHOGA COUNTY BOARD OF HEALTH FOR HEALTH SERVICES FOR THE YEARS 2026 128 AND 2027 129 ACTION: Ordinance 25-53 was placed on second reading and subsequent third reading. 130 131 RESOLUTION NO.: 25-16 132 REQUESTED BY: LAURA BRONDOS, SENIOR LIFE DIRECTOR 133 SPONSORED BY: COUNCILWOMAN KING 134 CO-SPONSORED BY: COUNCILMAN MINEK 135 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE 136 WESTERN RESERVE AREA AGENCY ON AGING TO ACCEPT GRANT FUNDS FROM SAID 137 AGENCY FOR THE CITY'S PROGRAMS UNDER THE TITLE III OF THE OLDER AMERICANS 138 ACT OF 1965 (42 USC 35) WHICH PROVIDES FUNDING FOR TRANSPORTATION, NUTRITION 139 AND SUPPORT SERVICES AND PARTIAL FUNDING FOR SUPPLEMENTAL PROGRAMS 140 THEREUNDER FOR THE YEARS 2026 AND 2027 AND DECLARING AN EMERGENCY 141 ACTION: Resolution 25-16 was placed on second reading and subsequent third reading. 142 143 AUDIENCE INPUT ON LEGISLATION UP FOR PASSAGE 144 145 LEGISLATION UP FOR THIRD READING AND FINAL PASSAGE 146 COUNCILWOMAN WERING placed the following legislation up for third reading and final passage: 147 ORDINANCE NO. 25-47 148 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR / HR MANAGER 149 REQUESTED BY: MAYOR BILL SCHNEIDER 150
COUNCIL MINUTES_OCTOBER 6, 2025 | Page 4 SPONSORED BY: COUNCILWOMAN WERING 151 AN ORDINANCE REPEALING SECTIONS 143.03 143.05, 143.06, 143.07, 143.08, 143.09, 143.11, 152 143.12, 143.13, 143.15, 143.28, and 143.30, 143.31,143.32, 143.33, 143.34. 143.35, 143.36, 143.37, 143.38 153 and 143.39, OF CHAPTER 143 ENTITLED EMPLOYMENT PROVISIONS, REPEALING 154 ORDINANCE 19-42 AND UPDATING AND RENUMBERING EXISTING PROVISIONS OF 155 SECTIONS IN CHAPTER 143, AND DECLARING AN EMERGENCY 156 THE CHAIR asked for any discussion prior to passage. 157 COUNCILWOMAN MANN said that given that it took a year discussion for Chapter 143 to be passed, it 158 felt especially quick that Council did not give this more consideration and while she would like to put it 159 back in committee, but she doesn’t sense support for that from her colleagues. She felt that it was rushed. 160 ROLL ON PASSAGE (PASSED) Vote: YES-6, NO-0 161 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 162 163 THE CHAIR placed the following legislation up for third reading and final passage: 164 ORDINANCE NO. 25-48 165 ORIGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR 166 REQUESTED BY: MAYOR BILL SCHNEIDER 167 SPONSORED BY: COUNCILWOMAN KING and COUNCILMAN MINEK 168 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT WITH R.E. 169 WARNER FOR THE CITY HALL CAMPUS PROJECT PHASE 2 AND DECLARING AN 170 EMERGENCY 171 THE CHAIR asked for any discussion prior to passage. 172 ROLL ON PASSAGE (PASSED) Vote: YES-6, NO-0 173 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 174 175 ORDINANCE NO.: 25-49 176 ORIGINATED BY: KERRY KEMP, DIRECTOR OF RECREATON 177 REQUESTED BY: MAYOR BILL SCHNEIDER 178 SPONSORED BY: COUNCILWOMAN KING 179 AN ORDINANCE AUTHORIZING THE ADMINISTRATION AND DIRECTING THE MAYOR TO 180 ISSUE AND APPROVE CHANGE ORDER NO. 1 FOR AN INCREASE IN THE CONTRACT PRICE 181 IN ACCORDANCE WITH THE PROVISIONS OF THE CONTRACT BETWEEN THE CITY OF 182 FAIRVIEW PARK AND WELTY IN CONNECTION WITH THE GEMINI CENTER 183 REHABITLITATION PROJECT AND DECLARING AN EMERGENCY 184 THE CHAIR asked for any discussion prior to passage. 185 ROLL ON PASSAGE (PASSED) Vote: YES-6, NO-0 186 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 187 188 ORDINANCE NO.: 25-50 189 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 190 REQUESTED BY: MAYOR BILL SCHNEIDER 191 SPONSORED BY: COUNCILWOMAN KING 192 AN ORDINANCE UPDATING THE PETTY CASH / CASH DRAWER LIMIT FOR VARIOUS 193 DEPARTMENTS, REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES 194 INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY 195 THE CHAIR asked for any discussion prior to passage. 196 ROLL ON PASSAGE (PASSED) Vote: YES-6, NO-0 197 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 198 199 ORDINANCE NO.: 25-51 200
COUNCIL MINUTES_OCTOBER 6, 2025 | Page 5 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 201 REQUESTED BY: MAYOR BILL SCHNEIDER 202 SPONSORED BY: COUNCILWOMAN KING 203 AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO SELL OBSOLETE VEHICLES 204 AND EQUIPMENT FROM THE CITY’S INVENTORY THROUGH GOVDEALS AND/OR GREATER 205 CLEVELAND AUTO AUCTION, AND TO DISPOSE/SCRAP WHAT CANNOT BE SOLD, AND 206 DECLARING AN EMERGENCY 207 THE CHAIR asked for any discussion prior to passage. 208 ROLL ON PASSAGE (PASSED) Vote: YES-6, NO-0 209 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 210 211 LEGISLATION UP FOR PASSAGE WITHOUT THREE READINGS 212 THE CHAIR placed the following legislation up for emergency passage. 213 ORDINANCE NO. 25-55 214 ORIGINATED BY: BRYAN HITCH, SERVICE DIRECTOR 215 REQUESTED BY: MAYOR BILL SCHNEIDER 216 SPONSORED BY: COUNCILWOMAN KING 217 CO-SPONSORED BY: COUNCILMAN MINEK 218 AN ORDINANCE AUTHORIZING THE ADMINISTRATION TO CONTRACT WITH C&K 219 INDUSTRIAL SERVICES, INC. FOR STORM AND SANITARY SEWER SERVICES AND 220 DECLARING AN EMERGENCY 221 THE CHAIR made a motion to Suspend the Charter Provision & Rule 49 requiring 3 readings. 222 Moved and Seconded 223 ROLL ON MOTION: Vote: YES-6, NO-0 224 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 225 The chair made a motion to Dispense with Rule 53 requiring reference to committee. 226 Moved and Seconded 227 ROLL ON MOTION: Vote: YES-6, NO-0 228 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 229 THE CHAIR asked if there was any further discussion prior to passage. 230 COUNCILWOMAN WERING asked for a description of the ordinance and why it is being requested for 231 first reading passage. 232 DIRECTOR HITCH said that this was budgeted to do televising in Ward 4 and they have run through much 233 of that but need to do Lorain Road as well. 234 COUNCILWOMAN WERING asked if this was being done for proactive work to get in front of winter 235 weather that will halt everything, and asked again why it was on first reading passage if it was anticipated. 236 DIRECTOR HITCH confirmed that it is weather sensitive activity, as they cannot do this once the 237 temperature gets under thirty degrees. The city planned to do this in phases, planning for delays and stops 238 as they worked through the sections and in tandem with other work being done with excavations, repairs, 239 cleanouts, etc. He said they have gone through about 16 miles in the Ward 4 area The city has not had a 240 regular maintenance program for sewers and they have been neglected for years, so they can’t estimate how 241 long it will take. 242 COUNCILWOMAN MANN asked about how this contract would compliment what we have in house 243 versus what C&K will do. 244 DIRECTOR HITCH explained that our truck is for smaller sewers and does not have all the bells and 245 whistles that C&K’s truck possesses. He said there is a remaining $135,000 in the budget for this and 246 anticipates that this will be enough to carry us through the rest of the year. 247 ROLL ON PASSAGE (PASSED) Vote: YES-6, NO-0 248 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering, and K. Mann 249 250
COUNCIL MINUTES_OCTOBER 6, 2025 | Page 6 REPORTS AND COMMUNICATIONS FROM THE MAYOR, DIRECTORS AND OTHER CITY 251 OFFICIALS 252 MAYOR SCHNEIDER congratulated Council President King and said he looks forward the fto working 253 with her. He reported the following: 254 - Budget discussions are ongoing with Directors and Staff for the 2026 budget. 255 - Met with State Representative Bride Rose Sweeney last Friday for general conversation and update of 256 issues and movement of legislation in the State house on property taxes before the end of the year. 257 - A number of sewer projects will need to be worked out in the next year or so and will hopefully be 258 entered as part of the budget. The next sewer replacements will for Belvidere and looking at Northwood 259 - The Bain Park Cabin roof needs a lot of work. Right now there is some patchwork acting as roof, but 260 we will be working on a plan to work on that. 261 - Conversations are happening about repaving on Westwood. It wont be next year, but we are working 262 on plans and there will likely need to do a lot of culvert sewer work there, as the ditches haven’t been 263 addressed over the last decade or so, and they will need to examine what needs to be done before 264 moving forward. 265 - City hall campus phase 2 is kicking off, and hopefully we will get the budgeted number to work off of 266 as it will be a large project and Megan Otter will continue to search out grants to offset financials. 267 - Trick or Treating will be on October 31 from 6-8pm 268 269 DIRECTOR HITCH reported that the Touch a Truck event was very successful and there were a lot of 270 happy children. November 3 will be the first leaf pickup and for the next 6 weeks after, weather permitting. 271 They are attempting to do dry runs ahead of time to ensure everything is running and operating properly. 272 273 DIRECTOR PAE reported that on September 16 the city and our Financial advisor met with Moody’s 274 investor services to affirm our Double “A” 2 rating for the $12.9 mill bonds for the Gemini project, and 275 they will be sold via competitive bids due on October 16. Our positive rating is great news. We are in budget 276 season, and as the mayor said, meetings are ongoing with city departments. The budget ordinance and book 277 will be completed prior to the Nove 17th meeting and that will kick off the budget hearing season. 278 279 ENGINEER KERBER reported that the Haber Drive staging is complete with a few punch items to be 280 completed, as is the West 225th St. sewer project. The contractor is working on the water connections and 281 hydrants on the Stanford project, and once that is finished that project will pause until January. The 282 contractor for the Woodstock project will be starting sewer work next week. 283 284 PUBLIC SESSION 285 MR. ROBERT PLESS – 22495 Sycamore – Mr. Pless asked for an update with the boulders. 286 DIRECTOR DEVER said they are under review. 287 MR. PLESS inquired about the sign-in sheet at meetings to speak. 288 THE CHAIR explained that there has been a process for public speaking in the codified ordinances, but not 289 enforced and they are exercising that requirement as of the previous Council meeting. 290 291 MS. REGINA SPATHOLT – 20862 Eastwood – Ms. Spatholt asked about Council salaries, how 292 committees are assigned or requested and how many members are on each committee, if attendance is 293 required, reporting and how often they meet and if other meetings are attended. She said that she was trying 294 to understand how things work, where monies are spent and wanted to learn more. 295 MAYOR SCHNEIDER said that Council Ward and At-Large members make $12,000 and Council 296 President makes $12,500 per year. 297 COUNCILWOMAN WERING explained that Councilmembers serve on all committees and they are 298 assigned at the beginning of the new term/year. Meetings are held on Mondays, except for 5th week 299
COUNCIL MINUTES_OCTOBER 6, 2025 | Page 7 Mondays. There may be meetings during the summer during a Council recess, if taken in the months of 300 July and August and other additional (special) meetings as needed. 301 THE CHAIR added that Councilmembers serve as members and/or liaisons to other city and community 302 boards as well. 303 304 MR. RICK CUNNINGHAM – 4176 W 227th – Mr. Cunningham spoke about the flashing crossing sign by 305 the school on West 210 and how traffic is supposed to stop but doesn’t always do so and is concerned about 306 making it safer. He wanted to know if there was any other display that can be placed there. 307 DIRECTOR DEVER said that the law requires you to yield to pedestrians in the crosswalk. He will advise 308 the Chief and Prosecutor about this concern. 309 COUNCILWOMAN MANN asked Mr. Cunningham if he noticed if it was in one direction in particular, 310 as she has noticed that when heading south it is easy to confuse the speed limit zone sign with the crosswalk. 311 MR. RICK CUNNINGHAM said it is in both directions, but more on the valley side going north. 312 COUNCILWOMAN GREENFIELD asked if it is possible to get additional signs to indicate it is coming, 313 similar to the ones installed on Mastick hill coming out of the Metropark. cut trees and n 314 DIRECTOR DEVER said we can discuss with the Chief and also what the ODOT signage requirements 315 are for that intersection and traffic control device and see that we are in compliance with that. 316 COUNCILWOMAN GREENFIELD asked about clarification on doing more with signage for safety so 317 that children don’t get hit. 318 DIRECTOR DEVER said he agrees, but he wants to make sure we are not out of compliance with what 319 ODOT sets out as appropriate signage at that particular crosswalk. 320 321 MISCELLANEOUS BUSINESS AND COMMENTS BY MEMBERS OF COUNCIL 322 COUNCILMAN MINEK reported that the Board of Control met this morning, Tuesday, September 23, 323 2025, at 10:00 A.M. in the Fairview Park Committee Room, second floor of City Hall. Director's Hitch & 324 Dever were not present. Also present were Police Chief Shepard and resident Mr. Jeffery Szemplak. Seven 325 (7) items were discussed: Item 1. Service Department is requesting $10,000.00. Adding $1,500.00 for paint 326 machine repairs and cleaning solution to open purchase order of $8,500.00. Administrative Assistant Chaski 327 spoke on the necessity of this item. Motion to pay $10,000.00 to Pioneer Athletics from the General Fund 328 100 was approved 3-0. Item 2. Fire/Police is requesting $5,717.50. Adding $155.00 for Fire accountability 329 paper pads and $120.00 for Police protest signs and business cards to open purchase of $5,442.50. Chief 330 Shepard stated this item was in preparation for the Council meeting of 09-15- 25. Motion to pay $5,717.50 331 to Minuteman Press from the General Fund 100 was approved 3-0. Item 3. Police Department is requesting 332 $11,858.00. Adding $400.00 for an emergency purchase of metal detection wands to open purchase order 333 of $11,458.00. Chief Shepard stated this item was in preparation for the Council meeting of 09-15-25. 334 Motion to pay $11,858.00 to Atwell's Police & Fire Equipment Company from the General Fund 100 was 335 approved 3-0. Item 4. Development Department is requesting $7,425.00 for tree lawn trees and trees along 336 Brookpark Road paid with a grant from Cuyahoga County. Megan Otter Community Development Planner 337 spoke on this item. The trees will be planted on the South side of Brookpark Road. 338 Motion to pay $7,425.00 to Johnson's Inc. from the Capital Projects Fund 811 was approved 3-0. 339 Item 5. Development Department is requesting $35,584.00 for Thomas Lane Park landscaping paid with a 340 grant from ODNR. Megan Otter also spoke on this item stating fifteen (15) trees will be planted. This item 341 was approved by the Planning & Design Commission at a recent meeting. Motion to pay $35,584.00 to 342 Johnson's Inc. from the Recreation Fund 230 was approved 3-0. Item 6. Development Department is 343 requesting $19,599.30 for professional services for tree inventory and planning paid with a grant from 344 ODNR. Megan Otter stated a tree update is pending. Motion to pay $19,599.30 to Knowles Municipal 345 Forestry from the General Fund 100 was approved 3-0. Item 7. Recreation Department is requesting 346 $26,962.33. Adding $2,300.00 for Recreation general, sports and program supplies to open purchase order 347 of $24,662.33. Mary Long from the Recreation Department spoke on the necessity of supplies at the 348 Recreation Center. Motion to pay $26,962.33 to PNC-Amazon from the General Fund 100, Recreation 349
COUNCIL MINUTES_OCTOBER 6, 2025 | Page 8 Fund 230, Permanent Improvement Fund 260, Special Hold Fund 611 and EMS Fund 781 was approved 350 3-0. This completes my report. 351 352 COUNCILWOMAN GREENFIELD congratulated Councilwoman King on her new role as Council 353 President. 354 355 COUNCILWOMAN WERING said Congratulations to Councilwoman King on her appointment to 356 Council President. I want to thank both Councilwoman King and Councilman Simmerly for their 357 leadership, thoughtfulness and willingness to step into the vacant Council President role. I am proud to 358 serve both council people. I did not take my role in this appointment lightly. Rather, I weighed the pros and 359 cons of each candidate against my own criteria matrix for what I am looking for in a leader in this great 360 City. Thank you to Law Director Steve Dever, as he helped guide us through the process during these 361 unprecedented times. To hold a leadership role in civil service is a challenging job - especially in a City 362 like Fairview Park where this role is part time, most often paired with a separate full-time job as well as 363 other family and community commitments. The weight of this job is hard to describe - and should not be 364 ignored. As we come to a close on this chapter of our city’s history, I wish Councilwoman King luck. I look 365 forward to working with her and the remainder of Council for the rest of this term. 366 367 COUNCILWOMAN MANN thanked everyone for coming out and congratulated Councilwoman King on 368 her new position as President of Council. 369 370 THE CHAIR told Director Hitch that she has received many compliments from residents for the 371 landscaping work being done in the Bain Park area and cleaning out the trees and sightlines making it easier 372 also to see the deer coming out. THE CHAIR said, I am deeply humbled and honored to stand before you 373 as the new President of the City Council. I accept this responsibility with great respect for those who came 374 before me. I want to thank my fellow Councilmembers for the trust you have placed in me. Thank you for 375 believing in my ability to serve, for your support, and for your willingness to collaborate as we face the 376 challenges ahead. With this role comes both a privilege and a responsibility. A privilege to help lead our 377 council; a responsibility to ensure that every voice in our city is heard and represented. Thank you to 378 everyone who has made this possible. I do not take this role lightly. I enter it with humility, hope, and a 379 fierce determination to serve. Together, I believe we can make Fairview Park a great city to grow. Thank 380 you. 381 382 THE CHAIR announced that the position of Council Representative for Ward #5 for unexpired term 383 through December 31, 2025 is now declared vacant. Per the Charter of the City of Fairview Park, Council 384 has 30 days to fill the vacancy. Announcement of the vacancy will be placed on the city’s website and in 385 The Plain Dealer. The time period to receive information from qualified applicants to the vacancy will be 386 through October 22 at 4:30pm. 387 388 City Council held and executive session on September 15, 2025 for the purposes of considering the 389 appointment and employment of a public employee or official; conferences with an attorney for the public 390 body concerning disputes involving the public body that are the subject to pending or imminent court action; 391 preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees 392 concerning their compensation or other terms and conditions of their employment and specialized details 393 of security arrangements where disclosure of the matters discussed might reveal information that could be 394 used for the purpose of committing, or avoiding prosecution for, a violation of the law. 395 396 THE CHAIR made a motion to adjourn with no further business. 397 ROLL ON MOTION: Vote: YES-6 | NO-0 398 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 399
COUNCIL MINUTES_OCTOBER 6, 2025 | Page 9 Motion carries, meeting adjourned at 8:57 p.m. 400 401 402 _______________________________ 403 Bridget C. King, Council President 404 405 406 _______________________________ 407 Liz L. Westbrooks, Clerk of Council 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449
COUNCIL MINUTES_OCTOBER 20, 2025 | Page 1 1 MINUTES OF THE REGULAR MEETING OF FAIRVIEW PARK CITY COUNCIL 2 MONDAY, OCTOBER 20, 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. Simmerly, B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 8 ADMINISTRATION – Mayor Schneider, Director Pae, Director Hitch, Director Dever and Kim Kerber 9 10 WRITTEN COMMUNICATIONS, PETITIONS AND CLAIMS 11 12 COMMITTEE REPORTS 13 COUNCILWOMAN WERING Local Government & Community Services met on Monday, October 14 13th beginning at 7 PM. Present were Councilpersons Simerly, Minek, King, Wering and Mann. Also 15 present were Mayor Schneider and Law Director Dever. 16 The committee discussed one issue, FPCO 111.03 Council Rules. The chair reminded the committee of 17 the previous work on this chapter. Council reviewed section IV, Duties, Privileges and Decorum of 18 Members. 19 Regarding Rule 22 - should we remove the language regarding the hard copy of the codified ordinances? 20 Needs to be reworded to say that they are directed to an online version? Maybe directed to a hard copy? 21 Shall it be more vague? Codified ordinance will be provided? "a member of Council shall be provided 22 access to the Codified Ordinances of the City of Fairview Park." Discussion on the five days - Steve believes 23 its reasonable. 24 Regarding Rule 28 - what is a question that can be divided? Director Dever will look into the rule and 25 provide an opinion to Council. 26 Regarding Rule 29 - what is personal privilege? This would be speaking on a personal matter that is not 27 relative to Council business but would be of interest to the legislative body. 28 A motion to leave Council Rules in committee passed 5-0. 29 Local government and community services ended at 7:15 PM. 30 31 LEGISLATION ON FIRST READING 32 THE CHAIR placed the following legislation on first reading and introduction: 33 ORDINANCE NO.: 25-56 34 ORGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR 35 REQUESTED BY: MAYOR BILL SCHNEIDER 36 SPONSORED BY: COUNCIL PRESIDENT KING 37 AN ORDINANCE AUTHORIZING THE SUBMISSION OF AN APPLICATION TO CUYAHOGA 38 COUNTY FOR THE 2026 COMMUNITY DEVELOPMENT SUPPLMENTAL GRANT PROGRAM 39 AND AUTHORIZING THE MAYOR TO ACCEPT ANY AWARDED GRANT FUNDS AND FILE ALL 40 DOCUMENTS AND EXECUTE ALL AGREEMENTS NECESSARY TO RECEIVE ANY AWARDED 41 GRANT FUNDS AND DECLARING AN EMERGENCY 42 ACTION: Ordinance 25-56 was placed on first reading and referred to the Finance Committee. 43 44 AUDIENCE INPUT ON LEGISLATION UP FOR PASSAGE 45 MR. STEVEN RUANE – 3912 W. 224th St – Mr. Ruane asked about the ordinance regarding electric 46 utilities and wondered if there should be an exception with the amount of boxes in the city for certain 47 facilities. 48 DIRECTOR DEVER said that this is going forward not for existing and already installed, which would be 49 grandfathered in unless there is a change. They would need to come in front of the city’s appropriate public 50
COUNCIL MINUTES_OCTOBER 20, 2025 | Page 2 bodies for changes. This is to put in place a process for the city and to deal with the transmission facility 51 next to the Gemini, as if not in place we would be limited to fencing and barbed wire. 52 53 LEGISLATION UP FOR THIRD READING AND FINAL PASSAGE 54 COUNCILWOMAN WERING placed the following legislation up for third reading and final passage: 55 RESOLUTION NO.: 25-15 56 ORIGINATED BY: A. STEVEN DEVER, LAW DIRECTOR 57 REQUESTED BY: MAYOR BILL SCHNEIDER 58 SPONSORED BY: COUNCILWOMAN WERING 59 A RESOLUTION IMPOSING AN IMMEDIATE MORATORIUM ON THE ISSUANCE AND 60 PROCESSING OF ANY PERMITS FOR SMOKE SHOPS WITHIN THE CITY OF FAIRVIEW PARK, 61 OHIO AND DECLARING AN EMERGENCY 62 THE CHAIR asked for any discussion prior to passage. 63 ROLL ON PASSAGE (PASSED) Vote: YES-6, NO-0 64 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 65 66 THE CHAIR placed the following legislation up for third reading and final passage: 67 ORDINANCE NO.: 25-53 68 REQUESTED BY: MAYOR BILL SCHNEIDER 69 SPONSORED BY: COUNCILWOMAN KING 70 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE 71 CUYAHOGA COUNTY BOARD OF HEALTH FOR HEALTH SERVICES FOR THE YEARS 2026 72 AND 2027 73 THE CHAIR asked for any discussion prior to passage. 74 ROLL ON PASSAGE (PASSED) Vote: YES-6, NO-0 75 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 76 77 RESOLUTION NO.: 25-16 78 REQUESTED BY: LAURA BRONDOS, SENIOR LIFE DIRECTOR 79 SPONSORED BY: COUNCILWOMAN KING 80 CO-SPONSORED BY: COUNCILMAN MINEK 81 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE 82 WESTERN RESERVE AREA AGENCY ON AGING TO ACCEPT GRANT FUNDS FROM SAID 83 AGENCY FOR THE CITY'S PROGRAMS UNDER THE TITLE III OF THE OLDER AMERICANS 84 ACT OF 1965 (42 USC 35) WHICH PROVIDES FUNDING FOR TRANSPORTATION, NUTRITION 85 AND SUPPORT SERVICES AND PARTIAL FUNDING FOR SUPPLEMENTAL PROGRAMS 86 THEREUNDER FOR THE YEARS 2026 AND 2027 AND DECLARING AN EMERGENCY 87 THE CHAIR asked for any discussion prior to passage. 88 ROLL ON PASSAGE (PASSED) Vote: YES-6, NO-0 89 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 90 91 LEGISLATION UP FOR PASSAGE WITHOUT THREE READINGS 92 COUNCILWOMAN WERING placed the following legislation up for emergency passage. 93 ORDINANCE NO.: 25-57 94 ORIGINATED BY: WALTER MAYNARD, BUILDING COMMISSIONER 95 REQUESTED BY: MAYOR BILL SCHNEIDER 96 SPONSORED BY: COUNCILWOMAN WERING 97 AN ORDINANCE CREATING CHAPTER 1146 OF THE FAIRVIEW PARK CODIFIED 98 ORDINANCES AND DECLARING AN EMERGENCY 99
COUNCIL MINUTES_OCTOBER 20, 2025 | Page 3 COUNCILWOMAN WERING made a motion to Suspend the Charter Provision & Rule 49 requiring 3 100 readings 101 Moved and Seconded 102 ROLL ON MOTION: Vote: YES-6, NO-0 103 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 104 COUNCILWOMAN WERING made a motion to Dispense with Rule 53 requiring reference to committee. 105 Moved and Seconded 106 ROLL ON MOTION: Vote: YES-6, NO-0 107 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 108 THE CHAIR asked if there was any further discussion prior to passage. 109 COUNCILWOMAN WERING said she is aware this was discussed somewhat at committee, but she 110 wanted to put in record what this chapter is related to and why we are doing it without three readings. 111 DIRECTOR DEVER said that we were recently notified by the Land Bank that the calendar for the 112 demolition of the car wash property, which is adjacent to the First Energy transmission facility on Lorain 113 Road to move quickly and by the end of the year. He was not aware of any clarity as to the utility as to what 114 the acceptable community standard for barrier around the facility. Right now, we have a gap in the law 115 other than a chain link fence, and for security purposes barb wire. This ordinance will create a clear 116 expectation, and he doesn’t think there will be anything better than a chain link fence unless we have 117 something in place that they will have to be in compliance with. 118 ROLL ON PASSAGE (PASSED) Vote: YES-6, NO-0 119 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 120 121 THE CHAIR placed the following legislation up for emergency passage. 122 ORDINANCE NO.: 25-58 123 REQUESTED BY: MAYOR BILL SCHNEIDER 124 SPONSORED BY: COUNCIL PRESIDENT KING 125 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH 126 MCGOWAN AND COMPANY FOR THE PROFESSIONAL SERVICES OF PROVIDING 127 INSURANCE REQUIREMENTS OF COMPREHENSIVE GENERAL LIABILITY, POLICE 128 PROFESSIONAL LIABILITY, FIREFIGHTER/AMBULANCE ATTENDANTS LIABILITY, BOILER 129 AND MACHINERY INSURANCE, COMPREHENSIVE AUTOMOBILE AND PHYSICAL DAMAGE 130 LIABILITY, PUBLIC OFFICIALS LIABILITY, VOLUNTEER COVERAGE, PROPERTY AND 131 EQUIPMENT COVERAGES, "UMBRELLA" COVERAGE, CYBER PROTECTION COVERAGE AND 132 ACTIVE SHOOTER COVERAGE AND DECLARING AN EMERGENCY 133 made a motion to Suspend the Charter Provision & Rule 49 requiring 3 readings 134 Moved and Seconded 135 ROLL ON MOTION: Vote: YES-6, NO-0 136 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 137 THE CHAIR made a motion to Dispense with Rule 53 requiring reference to committee. 138 Moved and Seconded 139 ROLL ON MOTION: Vote: YES-6, NO-0 140 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 141 THE CHAIR asked the representative from McGowan Insurance Company to speak on the ordinance. 142 MR. PATRICK MUSCENTI – McGowan Insurance – Mr. Muscenti thanked Director Pae for all the work 143 she did with all the applications, which aren’t getting shorter and to the city for a great partnership and 144 working through this. The risk management with cybersecurity is becoming mandatory with action from 145 the state legislature this summer and new mandatory requirements. He said the rates are increasing at a 146 decreasing rate. The curve is starting to flatten from a loss situation over the past couple years, which they 147 hope continues. 148 THE CHAIR asked why this needed to be passed on emergency passage tonight. 149
COUNCIL MINUTES_OCTOBER 20, 2025 | Page 4 MR. PATRICK MUSCENTI said the underwriters were swamped and it is very hard to get quotes three 150 readings out. Some municipalities do this, but they are not actual quotes. The window to prepare these has 151 increased over what used to be 45-60 days. 152 COUNCILWOMAN WERING asked if anything has changed from previous year that we should be aware 153 of. 154 MR. PATRICK MUSCENTI said there are no material changes and nothing has been taken away. 155 COUNCILWOMAN MANN asked if they require recent inspections of playground equipment for the 156 purposes of insuring the city. 157 MR. PATRICK MUSCENTI said there is no requirement, but that is something they would recommend 158 that grounds department go out and inspect. They have bullet points and guidelines on what to look for. 159 COUNCILWOMAN MANN asked Mayor Schneider and Director Hitch if they had inspected the 160 equipment this year. 161 MAYOR SCHNEIDER said he does not have that information and DIRECTOR HITCH said that would be 162 a Parks and Recreation Department question. 163 ROLL ON PASSAGE (PASSED) Vote: YES-6, NO-0 164 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 165 166 REPORTS AND COMMUNICATIONS FROM THE MAYOR, DIRECTORS AND OTHER CITY 167 OFFICIALS 168 MAYOR SCHNEIDER reported the following: 169 -AED batteries have been ordered for equipment in the back; they last about 5 years and are very expensive. 170 -Bohlken Park opening was well attended and was a good time with lots of kids there and media coverage. 171 -Mayors and Managers Association met last week and discussed the various bills in the state legislature 172 around levying of taxes by public entities. Rep. Bride Rose Sweeney said that there is some time to do 173 something before they go on recess to get anything done, but we’ll see what happens. 174 -Gardening with the Mayor series is done for the year at the Senior Center. 175 -Friday there was a lunch and learn with the city’s benefit administrator and staff for update and start of 176 enrollment for benefits next year. 177 -Attended St. Angela Trunk and Treat and helped judge for prizes. 178 -Attended State of the County with Executive Chris Ronayne talked about a variety of things, including the 179 Cleveland Browns and property taxes. 180 -Last Wednesday was the last Westshore Council of Governments (COG) meeting. This group encompasses 181 mayors in the cities of Lakewood, Westlake, Rocky River, Bay Village, North Olmsted and Fairview that 182 discussed things such as the Westshore Enforcement Bureau (WEB), Fire response tactical group and other 183 things the joint cities collaborate on. Fairview Park will be the host for next year, with meetings likely 184 taking place at the Gemini Center. 185 -There was a higher-than-expected number of homes with lead lines on W. 210 as determined by the Lead 186 Out program, and that work will continue into the next year. 187 -The city is looking at repaving Westwood soon; there will need to further looks at the sewers and ditches 188 alongside the road. 189 -The Planning & Design Commission voted to allow new signage for the city parks. Next month they will 190 take up the TOD Overlay District (TOD) which will allow the city to have some creative zoning laws. 191 192 DIRECTOR HITCH reported that the service department is repainting the trim on the front of city hall and 193 holiday lights will be hung following that. There will be a roof replacement on Bain Cabin and a facelift on 194 the facility. There is also a sewer that is leaking from a backyard into the creek that needs to be addressed 195 and there will be closures for this work. Per Council’s request the trees on West 210 were looked at and 196 there was some trimming, but they did not see anything blocking signs, lights or crosswalks. 197 198
COUNCIL MINUTES_OCTOBER 20, 2025 | Page 5 DIRECTOR PAE announced the city’s $12.9 million Gemini notes into bonds sold with a reasonable 199 interest rate of 4.117% over the 30-year life of the bonds. 200 201 ENGINEER KERBER reported that the Stanford project the contractor is waiting for Cleveland water to 202 run the second sample on the main and then they will begin installing the connections. Contractors are 203 waiting for parts needed at the intersection of W. 210 and Woodstock, which are expected this weekend 204 and begin the sewer work next week. Delays are to be expected on the W. 210 water service connection 205 and traffic congestion so alternate routes are encouraged. 206 207 PUBLIC SESSION 208 MR. ROBERT PLESS – 22495 Sycamore – Mr. Pless asked about an update for the boulders in tree lawn 209 issue. He asked if there was a way to make this an emergency or amendment made to the codified 210 ordinances. 211 DIRECTOR DEVER said it is still being investigated, and the city will likely take some measures on the 212 properties he has reported to the city. 213 MR. ROBERT PLESS asked about the process to possibly fill a potential vacancy in the new year and 214 admittedly said he doesn’t understand it but feels it is not fair. He also expressed his discontent about some 215 of the laws on the city’s books citing legislative language and their age, election/vacancy processes, number 216 of dogs permitted and types of vehicles permitted. 217 DIRECTOR DEVER said that the city has an obligation to enforce the law and if the vehicle is not 218 permitted, he will have to take his redress to the courts. 219 THE CHAIR said that there is review of the ordinances and Charter done every 10 years, where that is 220 reviewed, which was last done in 2019. 221 COUNCILWOMAN GREENFIELD said that the ordinance should probably be looked at because a lug 222 should not be the determining factor. 223 COUNCILWOMAN WERING asked Director Dever to forward the section of codified ordinances Mr. 224 Pless is speaking about in regard to vehicles. She told Mr. Pless she’s happy to share her experience as she 225 was first an appointed member before subsequently running for the seat in an election. 226 THE CHAIR clarified to Mr. Pless that she is not currently serving in two seats, as she vacated her seat in 227 Ward 5 when she took the position of President of Council. 228 229 MR. TOM LAVELLE – 4515 Valley Forge – Mr. Lavelle spoke about snow removal and said the city does 230 a great job with it. He is a frequent walker who observes things and has noticed that most business owners 231 do not take care of their sidewalks, which can affect the variety of walkers in the city such as seniors, 232 disabled individuals, students and other walkers/commuters. He said he is aware of the laws in the city for 233 snow removal and they need to be enforced. 234 MAYOR SCHNEIDER said that that is a concern of his, and last year the city did ramp up notices and 235 citations and even had the Police Chief visit reluctant owners. It is a concern and it is a duty to clear the 236 walking path for pedestrians. Last year temperatures were so low that sidewalks were ice-filled. He has 237 spoken to the Chief about preseason notices to business owners, and they will again be ramping up 238 enforcement this year. 239 MR. TOM LAVELLE said there are two other areas that should be checked – the area north of the football 240 field and south of Gemini Center and the Lorain Road/Fairview Park Bridge. He encouraged that the city 241 should call the County if the bridge is not under our purview. 242 MAYOR SCHNEIDER said that he is working on better communication between the schools and 243 Recreation Department to ensure that area is clear. 244 DIRECTOR HITCH said that bridges have a bad reputation for keeping sidewalks clear because of how 245 the snow is managed, because you cannot throw that snow into the river because of the salt. He has reached 246 out ODOT and has other issues to address with them on that bridge and will bring that issue up as well. 247 248
COUNCIL MINUTES_OCTOBER 20, 2025 | Page 6 MISCELLANEOUS BUSINESS AND COMMENTS BY MEMBERS OF COUNCIL 249 COUNCILWOMAN GREENFIELD thanked Director Hitch for taking the time to look at the trees on W. 250 210 around the crosswalks and school. 251 252 COUNCILWOMAN MANN gave kudos to Assistant Development Director Megan Otter on the new 253 playground. Her grandson and family have been there a lot since it has been put in and said it is awesome. 254 It’s good for kids of all ages and is beautiful, huge and a confident builder. 255 256 Council held an executive session on October 6, 2025 for the purpose of considering the appointment of a 257 public official or employee. 258 259 THE CHAIR made a motion to adjourn with no further business. 260 ROLL ON MOTION: Vote: YES-6, NO-0 261 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 262 Motion carries, meeting adjourned at 7:49 p.m. 263 264 265 266 _______________________________ 267 Bridget C. King, Council President 268 269 270 _______________________________ 271 Liz L. Westbrooks, Clerk of Council 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298
COUNCIL MINUTES_NOVEMBER 3, 2025 | Page 1 1 MINUTES OF THE REGULAR MEETING OF FAIRVIEW PARK CITY COUNCIL 2 MONDAY, NOVEMBER 3, 2025 3 4 The regular meeting of Council was called to order by Council President King at 7:00 p.m. 5 MOMENT OF SILENT PRAYER 6 ROLL CALL | PRESENT: 7 COUNCIL – B. Simmerly, B. Minek, T. Greenfield, S. Wering, B. King and K. Mann 8 ADMINISTRATION – Mayor Schneider, Director Pae, Director Dever and Engineer Kerber 9 10 WRITTEN COMMUNICATIONS, PETITIONS AND CLAIMS 11 12 COMMITTEE REPORTS 13 THE CHAIR reported that the Finance Committee met on Monday, October 27 at 7pm. The full audio for 14 the meeting is available on the website. 15 The following was discussed: 16 Ordinance 25-56 | Authorizing application and administration for 2026 CDSG Grant. 17 Megan Otter was in attendance and presented the project for the CDSG 2026 grant. A motion was made to 18 have this on 2nd and subsequent 3rd read and that passed with a vote of 6-0. The Finance committee 19 concluded at 7:02 pm 20 21 LEGISLATION ON FIRST READING 22 COUNCILWOMAN WERING placed the following legislation on first reading and introduction: 23 ORDINANCE NO. 25-59 24 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 25 REQUESTED BY: MAYOR BILL SCHNEIDER 26 SPONSORED BY: COUNCILWOMAN WERINGAN ORDINANCE ADOPTING A 27 CYBERSECURITY PROGRAM AS REQUIRED BY OHIO REVISED CODE SECTION 9.64 TO 28 ADOPT STANDARDS SAFEGUARDING AGAINST CYBERSECURITY THREATS AND 29 RANSOMWARE ATTACKS AND DECLARING AN EMERGENCY 30 ACTION: Ordinance 25-59 was placed on first reading and referred to the Local Government and 31 Community Services Committee. 32 33 ORDINANCE NO. 25-60 34 ORIGINATED BY: KERRY KEMP, RECREATION DIRECTOR 35 REQUESTED BY: MAYOR BILL SCHNEIDER 36 SPONSORED BY: COUNCILWOMAN WERING 37 AN ORDINANCE SETTING THE MEMBERSHIP USER FEE SCHEDULE FOR THE FAIRVIEW 38 PARK RECREATION AND COMMUNITY GEMINI CENTER FOR THE YEAR 2026 AND 39 DECLARING AN EMERGENCY 40 ACTION: Ordinance 25-60 was placed on first reading and referred to the Local Government and 41 Community Services Committee. 42 43 AUDIENCE INPUT ON LEGISLATION UP FOR PASSAGE 44 45 LEGISLATION UP FOR PASSAGE WITHOUT THREE READINGS 46 THE CHAIR placed the following legislation up for emergency passage. 47 ORDINANCE NO. 25-56 48 49 THE CHAIR made a motion to Suspend the Charter Provision & Rule 49 requiring 3 readings. 50
COUNCIL MINUTES_NOVEMBER 3, 2025 | Page 2 Moved and Seconded 51 ROLL ON MOTION: Vote: YES-6, NO-0 52 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 53 THE CHAIR asked if there was any further discussion prior to passage. 54 COUNCILWOMAN WERING asked for the record why the legislation is being passed on emergency. 55 MAYOR SCHNEIDER said that there is a due date which he believes is next week and Megan will be on 56 vacation, so it is being requested now. 57 ROLL ON PASSAGE (PASSED) Vote: YES-6, NO-0 58 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 59 60 REPORTS AND COMMUNICATIONS FROM THE MAYOR, DIRECTORS AND OTHER CITY 61 OFFICIALS 62 MAYOR SCHNEIDER said that tomorrow is election day and encouraged everyone to vote. The city has 63 a fire levy on ballot, so please vote affirmatively for that as not voting on it removes services from the city. 64 65 DIRECTOR DEVER announced to council that there is a cyber security webinar on rolling out plans this 66 Thursday between 1-2pm by the Ohio Municipal Attorneys Association and he is willing to provide access 67 to it for anyone interested. 68 69 ENGINEER KERBER reported that last week sewer tie ins were completed on West 210th Street and the 70 contractor on Stanford will be completing the water connections and then installing the temporary pavement 71 for the holiday shutdown. 72 73 PUBLIC SESSION 74 MR. ROBERT PLESS – 22495 Sycamore – Mr. Pless accused the Clerk of not clapping for kids in the 75 audience today and said he feels it is a bad representation for the city to shun people because everyone 76 should uplift America. 77 THE CHAIR asked if he had any comments on the city and said that everyone is entitled to their own 78 stances and autonomy and that’s what makes America great. 79 80 MR. STEVEN RUANE – 3912 W. 224th St – Mr. Ruane asked if there needed to be a special meeting of 81 Council on Wednesday for the appointment to vacancy, and gave his opinion that even though there is an 82 election tomorrow and there may be privacy issues, he feels that those seeking to be appointed should have 83 been making their case to both Council and the public when interviewed. 84 THE CHAIR confirmed that there is a special meeting on Wednesday and that the public can have their 85 voices heard tomorrow in the election. 86 87 MR. KEN COOPER – 19674 Lorain Rd – Mr. Cooper thanked the city for the consideration and changes 88 to a trash proposal that could have been detrimental to seniors and those that are disabled. He thanked 89 Councilmembers Simmerly and Greenfield for guidance on how to properly present to the city. He also 90 thanked Director Dever and Mayor Schneider and said he worked in government and appreciates when the 91 people who are in charge work with their constituents to get a win-win situation which is what happened, 92 and he appreciates that from the bottom of his heart. 93 94 MISCELLANEOUS BUSINESS AND COMMENTS BY MEMBERS OF COUNCIL 95 COUNCILMAN SIMMERLY reminded that tomorrow is election day and Ward 1votes at the American 96 Legion in Ward 1. 97 98 COUNCILMAN MINEK asked Engineer Kerber if there was a problem at Woodstock and West 210th as 99 there is a very big hole there. 100
COUNCIL MINUTES_NOVEMBER 3, 2025 | Page 3 ENGINEER KERBER confirmed that there is a very large hole there because that is where the connection 101 to a very large sanitary sewer. 102 COUNCILMAN MINEK offered congratulations to the God and Country student winners. 103 104 COUNCILWOMAN GREENFIELD announced that the DEI coalition will be meeting on Wednesday at 105 6:30 pm in the Dunson room. Election day tomorrow with the fire levy on the ballot. She thanked the host 106 and student winners who provided touching letters to service members. 107 108 COUNCILWOMAN MANN asked if a historical expert will be brought in for the work to be done at Bain 109 Park Cabin. 110 MAYOR SCHNEIDER said the discussion is still ongoing and the primary reason for work is because it is 111 rotting and falling apart. The roof has temporary shingles and there was an active leak in women’s bathroom 112 this weekend. There will be completing some work, as there is also a sewers issue to be addressed carefully 113 to not run afoul of EPA requirements. There is a lot of work that will need to be done, and discussion is 114 ongoing as to what will occur. 115 COUNCILWOMAN MANN asked that the Administration please advise when they have some clear plans. 116 117 THE CHAIR announced that on Nov 8 the Gemini will be hosting a Preview Day with Wreck the Halls, a 118 turkey shot and a pool preview. 119 THE CHAIR made a motion to adjourn with no further business. 120 ROLL ON MOTION: Vote: YES-6, NO-0 121 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, S. Wering and K. Mann 122 Motion carries, meeting adjourned at 7:18 p.m. 123 124 125 _______________________________ 126 Bridget C. King, Council President 127 128 129 _______________________________ 130 Liz L. Westbrooks, Clerk of Council 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150
COUNCIL MINUTES_SPECIAL MEETING_NOVEMBER 5, 2025 | Page 1 1 MINUTES OF THE SPECIAL MEETING OF FAIRVIEW PARK CITY COUNCIL 2 MONDAY, NOVEMBER 5, 2025 3 4 The special meeting of Council was called to order by Council President King at 6:30 p.m. 5 MOMENT OF SILENT PRAYER 6 ROLL CALL | PRESENT: 7 COUNCIL –B. Minek, T. Greenfield, M. Kilbane, B. King and K. Mann. Councilman Russo joined the 8 dais after being sworn-in. 9 ADMINISTRATION – Mayor Schneider and Director Dever 10 11 WRITTEN COMMUNICATIONS, PETITIONS AND CLAIMS 12 13 APPOINTMENTS & CONFIRMATIONS 14 THE CLERK announced that announced that Council will be entertaining a motion to appoint to the 15 vacancy for the Ward 5 unexpired term ending December 31, 2025. There were (4) candidates who 16 submitted application materials, and I have verified both residency, and elector status for all. The candidates 17 are: Jeffrey Szemplak, Shawnee Schuller, Angelo Russo and Rick Raley. 18 19 THE CHAIR made a motion that Council take a roll call vote for the appointment to the Council Ward 5 20 unexpired term by indicating the (last) name of nominee of their choice. 21 MOVED and SECONDED. 22 ROLL ON MOTION: Vote: RUSSO-4 | RALEY-2 23 RUSSO: B. Simmerly, B. Minek, B. King and S. Wering | RALEY: T. Greenfield and K. Mann 24 MR. ANGELO RUSSO took the oath of office and participated in the remainder of the meeting. 25 26 THE CHAIR said pursuant to Fairview Park Charter Article 4, Section 7(b) and Council Rule 5, no other 27 subject(s) will be considered. 28 THE CHAIR made a motion to adjourn. 29 ROLL ON MOTION: Vote: YES-6, NO-0 | Motion carried. 30 YES: B. Minek, T. Greenfield, B. King, S. Wering, A. Russo and K. Mann 31 Motion carries, meeting adjourned at 6:35 p.m. 32 33 34 35 _____________________________________ 36 Bridget C. King, President of Council 37 38 39 ___________________________________ 40 Liz L. Westbrooks, Clerk of Council 41 42 43 44 45 46 47 48 49 50
COUNCIL MINUTES_NOVEMBER 17, 2025 | Page 1 1 MINUTES OF THE REGULAR MEETING OF FAIRVIEW PARK CITY COUNCIL 2 MONDAY, NOVEMBER 17, 2025 3 4 The regular meeting of Council was called to order by Council President King at 7:00 p.m. 5 MOMENT OF SILENT PRAYER 6 ROLL CALL | PRESENT: 7 COUNCIL – B. Simmerly, B. Minek, T. Greenfield, B. King, A. Russo and K. Mann 8 ADMINISTRATION – Mayor Schneider, Director Pae, Director Dever and Engineer Kerber 9 10 THE CHAIR made a motion to excuse Councilwoman S. Wering from the meeting. 11 MOVED and SECONDED 12 ROLL ON MOTION: Vote: YES-6, NO-0 13 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, A. Russo and K. Mann 14 15 WRITTEN COMMUNICATIONS, PETITIONS AND CLAIMS 16 17 COMMITTEE REPORTS 18 COUNCILMAN SIMMERLY read the following report: The Local Government & Community Services 19 committee met on Monday, November 10th beginning at 7 PM. Present were Councilman Simmerly, 20 Councilman Minek, Council President King, Chairwoman Wering, Councilman Russo and Councilwoman 21 Mann. Also present were Finance Director Pae, Law Director Dever, Mayor Schneider, Director Kemp and 22 Executive Assistant to the Mayor Henry Chaski. 23 The committee discussed two ordinances. 24 Ordinance 25-59, Adopting Cybersecurity Program. This program is being mandated by the state. 25 Director Pae and Mr. Chaski have been working together on this project stemming from a law passed in 26 September by the Ohio legislature requiring all government entities to adopt standard safeguarding against 27 cybersecurity and ransomware attacks. Go2It has put together the plan. Should Council want to review the 28 plan, Council can meet in Executive Session to review it. The reason that the legislative body is responsible 29 for reporting these incidents is to ensure that Council is informed during such an event. Councilwoman 30 Mann recommended that Council be included in the formulation of the plan. Director Pae suggested that it 31 is not necessary, as the plan consists of best practices in IT security more so than procedures determined by 32 City employees. A motion to place this ordinance on second reading and return it to committee with an 33 executive session passed 6-0. 34 Ordinance 25-60, Gemini Center Membership and Fees 2026. Director Kemp presented the 2026 35 membership plan to Council. Since the Gemini Center opened 17 years ago, membership rates have only 36 been adjusted twice, once in 2010 and once in 2018. The Gemini Center was last fully operational in 2018. 37 It was closed in 2019 for roof repair due to Pool Pak damage. It was closed in 2020 due to Covid. And in 38 2021 it was closed due to further PoolPak damage and has not reopened since due to the investigation and 39 now rehabilitation of the natatorium and center roofing. Director Kemp presented that the current rates are 40 less than 50% of the neighboring rates on average. This ordinance restructures the membership categories 41 and fees to increase Gemini Center revenues to offset rising operations costs, simplify membership 42 categories, align the membership categories with updated center policies, to keep things fair and equitable 43 across large and small families and to make it more affordable for families with young children. The new 44 rates align similarly to other cities that we partner with on a lot of programs such as Westlake and Rocky 45 River. 46 Some of the changes include that children under the age of 6 are free. The cost for a family of 4 is now $70 47 more than compared to the previous rate. There is no longer a family membership, but rather a way that 48 you can package memberships together based on the members of your household regardless of age or 49 relation. 50
COUNCIL MINUTES_NOVEMBER 17, 2025 | Page 2 If members renew their memberships now through February, they can renew at 2025 rates. Longterm, 51 Director Kemp does anticipate there will be additional adjustments to rates as we move forward. There are 52 a lot of unknowns related to the center as it begins operating at full capacity. As data for full operations 53 become available for the impact of the pool, operational costs and membership numbers, they will be 54 reviewed and analyzed for further membership adjustments from year to year as they were in the past. 55 Should a primary member join and then an additional member join at a later date, they will have the same 56 expiration as the head of household, and thus join at a prorated rate. 57 As presented, the membership category for a non-resident Household Primary was presented at $350 and 58 Director Kemp asked that to be increased to $375. The chair made a motion to increase that to $375 and 59 that motion passed 6-0. 60 As presented, the membership category for a non-resident household of 2 was presented at $575 and 61 Director Kemp asked that to be increased to $600. The chair made a motion to increase that to $600 and 62 that motion passed 6-0. 63 Councilwoman Mann made a motion to amend paragraph G to "These packages are our new Family 64 Membership category. It includes the Primary plus one other household member. Eight additional 65 household members may be added for additional fees. Please note there…." This motion passed 6-0 after 66 discussion with the Mayor and Director Kemp. 67 A motion to pass on second, subsequent third reading passed 6-0. 68 Local Government & Community Services ended at 7:40 PM. 69 70 LEGISLATION ON FIRST READING 71 COUNCILWOMAN GREENFIELD placed the following legislation on first reading and introduction: 72 ORDINANCE NO. 25-61 73 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 74 REQUESTED BY: MAYOR BILL SCHNEIDER 75 SPONSORED BY: COUNCIL PRESIDENT KING and COUNCILWOMAN GREENFIELD 76 AN ORDINANCE APPROPRIATING FUNDS FOR CURRENT EXPENSES AND OTHER 77 EXPENDITURES OF THE CITY OF FAIRVIEW PARK, OHIO FOR THE PERIOD COMMENCING 78 JANUARY 1, 2025 AND ENDING DECEMBER 31, 2025 AND DECLARING AN EMERGENCY 79 ACTION: Ordinance 25-61 was placed on first reading and referred to the Finance Committee. 80 81 ORDINANCE NO. 25-62 82 ORIGINATED BY: JENNIFER PAE/FINANCE DIRECTOR/HR MANAGER 83 REQUESTED BY: MAYOR BILL SCHNEIDER 84 SPONSORED BY: COUNCIL PRESIDENT KING and COUNCILWOMAN GREENFIELD 85 AN ORDINANCE PROVIDING AUTHORIZATION TO THE MAYOR AND RESPECTIVE 86 DIRECTORS TO ENTER INTO CONTRACTS FOR EXPENDITURES AS AUTHORIZED BY THE 87 2025 APPROPRIATION ORDINANCE AND THE CHARTER OF THE CITY OF FAIRIVEW PARK, 88 AND DECLARING AN EMERGENCY 89 ACTION: Ordinance 25-62 was placed on first reading and referred to the Finance Committee. 90 91 ORDINANCE NO. 25-63 92 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 93 REQUESTED BY: MAYOR BILL SCHNEIDER 94 SPONSORED BY: COUNCIL PRESIDENT KING and COUNCILWOMAN GREENFIELD 95 AN ORDINANCE APPROPRIATING FUNDS FOR CURRENT EXPENSES AND OTHER 96 EXPENDITURES OF THE CITY OF FAIRVIEW PARK, OHIO FOR THE PERIOD COMMENCING 97 JANUARY 1, 2026 AND ENDING DECEMBER 31, 2026 AND DECLARING AN EMERGENCY 98 ACTION: Ordinance 25-63 was placed on first reading and referred to the Finance Committee. 99 100
COUNCIL MINUTES_NOVEMBER 17, 2025 | Page 3 ORDINANCE NO. 25-64 101 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 102 REQUESTED BY: MAYOR BILL SCHNEIDER 103 SPONSORED BY: COUNCIL PRESIDENT KING and COUNCILWOMAN GREENFIELD 104 AN ORDINANCE PROVIDING AUTHORIZATION TO THE MAYOR AND RESPECTIVE 105 DIRECTORS TO ENTER INTO CONTRACTS FOR EXPENDITURES AS AUTHORIZED BY THE 106 2026 APPROPRIATION ORDINANCE AND THE CHARTER OF THE CITY OF FAIRIVEW PARK, 107 AND DECLARING AN EMERGENCY 108 ACTION: Ordinance 25-64 was placed on first reading and referred to the Finance Committee. 109 110 ORDINANCE NO. 25-65 111 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 112 REQUESTED BY: MAYOR BILL SCHNEIDER 113 SPONSORED BY: COUNCIL PRESIDENT KING and COUNCILWOMAN GREENFIELD 114 AN ORDINANCE ESTABLISHING THE SALARY RANGES FOR VARIOUS OFFICES AND 115 POSITIONS OF THE MUNICIPAL GOVERNMENT, REPEALING ALL OTHER ORDINANCES OR 116 PARTS OF ORDINANCES INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY 117 ACTION: Ordinance 25-65 are placed on first reading and referred to the Finance Committee. 118 119 LEGISLATION ON SECOND READING 120 COUNCILMAN SIMMERLY placed the following legislation on second reading: 121 ORDINANCE NO. 25-59 122 ORIGINATED BY: JENNIFER PAE, FINANCE DIRECTOR/HR MANAGER 123 REQUESTED BY: MAYOR BILL SCHNEIDER 124 SPONSORED BY: COUNCILWOMAN WERING 125 AN ORDINANCE ADOPTING A CYBERSECURITY PROGRAM AS REQUIRED BY OHIO 126 REVISED CODE SECTION 9.64 TO ADOPT STANDARDS SAFEGUARDING AGAINST 127 CYBERSECURITY THREATS AND RANSOMWARE ATTACKS AND DECLARING AN 128 EMERGENCY 129 ACTION: Ordinance 25-59 was placed on second reading. 130 131 ORDINANCE NO. 25-60 132 ORIGINATED BY: KERRY KEMP, RECREATION DIRECTOR 133 REQUESTED BY: MAYOR BILL SCHNEIDER 134 SPONSORED BY: COUNCILWOMAN WERING 135 AN ORDINANCE SETTING THE MEMBERSHIP USER FEE SCHEDULE FOR THE FAIRVIEW 136 PARK RECREATION AND COMMUNITY GEMINI CENTER FOR THE YEAR 2026 AND 137 DECLARING AN EMERGENCY 138 ACTION: Ordinance 25-60 was placed on second reading. 139 140 REPORTS AND COMMUNICATIONS FROM THE MAYOR, DIRECTORS AND OTHER CITY 141 OFFICIALS 142 MAYOR SCHNEIDER reported the following: 143 – Today there was a presentation on grant from AARP at the Senior Center which will pay for 3 144 telemedicine centers at the center. State Senator Antonio and Representative Bride Rose Sweeney were in 145 attendance. An AARP representative talked about other programs and grants they have to offer nationwide. 146 - Saint Angela’s 3rd graders will be making their annual visit to city hall this week 147 - High school seniors will be connecting with seniors at the Senior Center on Friday prior to going to rake 148 leaves for those that need that help with that in the community. 149
COUNCIL MINUTES_NOVEMBER 17, 2025 | Page 4 -Thank you to the Police Department who assisted with an individual in distress who they were able to 150 locate with use of flock cameras and able to convince her to go for the help she needed. 151 -O’Neill Healthcare sponsored a Veterans Day ceremony at the Senior Center which was also attended by 152 the Remember the Veterans Association who also handed out pins to the veterans in the audience. 153 -Bids from Land Bank for the property in front of the Gemini are due on Friday. Obstacles and hurdles have 154 been overcome to be able to move forward. We hope to demo them before the end of the year. 155 -The skylight work at the Gemini has been moved back to week of thanksgiving, which should be a quiet 156 week. 157 158 DIRECTOR PAE reported that the 2026 Budget document is finalized and available on website, with 159 hearings scheduled for Saturday, December 6 and Monday, December 8. Service Mechanic Ron Ackerman 160 will be retiring after 26 years with the city. Mike Varga has been promoted to Service Supervisor and now 161 rounds out the Service Department Management team. The city successfully sold $3 million in bond 162 anticipation notes for the sewer projects. 163 164 ENGINEER KERBER reported that contractors continue to work on lead connection abatements on West 165 210th Street. The Stanford Avenue contractor is working on installing temporary pavement and cleaning up 166 for the winter break. The Woodstock project is continuing with the storm and sanitary sewer installation. 167 The West 223rd waterline project is being rebid and will be opened on December 12, and the project will 168 begin spring of 2026. 169 170 PUBLIC SESSION 171 172 MISCELLANEOUS BUSINESS AND COMMENTS BY MEMBERS OF COUNCIL 173 COUNCILMAN MINEK announced that there will be a Planning & Design meeting on Wednesday, 174 November 19 at 7pm in Council Chambers with 3 docket items. 175 176 COUNCILWOMAN MANN reported that the Shade Tree Advisory Committee met on Thursday, 177 November 13. 178 In addition to me, all commissioners except the city’s representative, were in attendance. 179 Arboretum progress is on hold because tree ID tags/signs must be paid for at the time of ordering, but the 180 city has frozen new spending requests until January 1, 2026. The number of selected trees listed on 181 plantsoon.com was pared down. A memorial tree grove is planned for the arboretum. Locations of property 182 lines must be determined before planting. 183 Haber street trees have been delivered and planted on the street and extras have been placed in Bain Park - 184 one near the gazebo, 3 in the woods - and one is planted on a resident’s tree lawn on W 224. Planting looks 185 well done but there are no tree guards or gator bags installed. Inquiries will be made to determine how soon 186 deer guards will be installed and if gator bags will be placed in the spring. 187 Ray Larick, a tree commissioner from Euclid, has organized an introductory meeting of various municipal 188 tree boards to facilitate sharing of ideas and best practices. Members of STAC will attend. 189 190 THE CHAIR made a motion to move into executive session for the purposes of matters required to be kept 191 confidential by Federal law or rules or State statutes; and specialized details of security arrangements where 192 disclosure of the matters discussed might reveal information that could be used for the purpose of 193 committing, or avoiding prosecution for, a violation of the law. 194 MOVED and SECONDED. 195 ROLL ON MOTION: Vote: YES-6, NO-0 196 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, A. Russo and K. Mann 197 THE CHAIR made a motion to adjourn executive session and return to the regular meeting. 198 MOVED and SECONDED. 199
COUNCIL MINUTES_NOVEMBER 17, 2025 | Page 5 ROLL ON MOTION: Vote: YES-6, NO-0 200 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, A. Russo and K. Mann 201 202 THE CHAIR made a motion to adjourn with no further business. 203 ROLL ON MOTION: Vote: YES-6, NO-0 204 YES: B. Simmerly, B. Minek, T. Greenfield, B. King, A. Russo and K. Mann 205 Motion carries, meeting adjourned at 7:48 p.m. 206 207 208 _______________________________ 209 Bridget C. King, Council President 210 211 212 _______________________________ 213 Liz L. Westbrooks, Clerk of Council 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249
Ordinance 26-__ | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 26 – REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: FINANCE CHAIR AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH SIMVAY LLC FOR MANAGED IT SERVICES FOR THE CITY OF FAIRVIEW PARK AND DECLARING AN EMERGENCY WHEREAS, the City of Fairview Park’s (“City”) requires monthly maintenance and periodic support services; and WHEREAS, Simvay LLC has been selected to provide manage IT services from January 1, 2026 to December 31, 2028. Simvay LLC will provide Enterprise Managed Technology Services (EMTS), Fractional Information Security Officer (FISM), and Enterprise Managed Detection and Response (EMDR) proactive support services which includes anticipating and preventing IT problems, successful installation and configuration of necessary technologies to monitor and maintain critical technology systems. 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 Simvay LLC set forth in the Master Services Agreement (Exhibit “A”) and the Enterprise Managed Detection and Response (Exhibit “B”) attached hereto, to provide managed IT services. SECTION 2. The City agrees to pay Simvay LLC professional computer maintenance and support services, managed cybersecurity and anti-virus services, data backup services, and related software, security, and cloud service in the amount of one hundred fifty-nine thousand dollars ($159,000) per year. A copy of the pricing is attached hereto as Exhibits “A” and “B”. SECTION 3. The cost of the professional services contract with Simvay LLC shall be paid from the General Fund (100), the Recreation Fund (230), the Permanent Improvement Fund (260) or other funds as determined by the Finance Director. 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 the further reason that it is necessary for the operation of all City departments 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 26-__ | Page 2 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 Master Services Agreement t i i] January 15t, 2026 — December 31*, 2028 EMTS Monthly Service Fee: $9,100.00 \ SIMVAY | FISM Monthly Service Fee: $2,400.00 oS tes 6 Summary of Deliverables: e Assigned Resource(s) o Datacenter Infrastructure Engineer o Network Infrastructure Engineer o Fractional Information Security Officer e Ticket Management System Resource Scope of Deliverables: Enterprise Managed Technology Services (EMTS) Deliverables: o Hybrid Resource(s) Allocation =» Upto 12 Hours a week, excluding nationally recognized holidays ° 1predetermined day of onsite support per week =» Upto 10 Hours of Gold Expedited Service Annually Server Infrastructure Management and Monitoring Virtualization Infrastructure Management and Monitoring Microsoft 365 Management Data Backup Management and Monitoring Monthly Server and Endpoint Security Patching Computer Endpoint Inventory, Management and Monitoring Mobile Device Management Phone System Management End User Escalation Support for Helpdesk Team Resources Vendor Management IT Budget Management IT Strategic Planning Identity and Access Management oo0ococ 0o000 00 0 oo 00 Enterprise Managed Network Services (EMNS) Deliverables: o Firewall Management and Monitoring o Switch Management and Monitoring o Wireless Management and Monitoring
Master Services Agreement | January 1%, 2026 — December 31*, 2028 EMTS Monthly Service Fee: $9,100.00 FISM Monthly Service Fee: $2,400.00 Fractional Information Security Management (FISM) Deliverables: o Hybrid Resource(s) Allocation o Upto 8 Hours per month, excluding nationally recognized holidays o Perform duties of Information Security Officer responsible for management of the City’s Cybersecurity Program as outlined by ORC 6.94(C). © Develop, implement, and maintain an organization-wide information security program to ensure the integrity, confidentiality, and availability of information owned, controlled, or processed by the City. © Lead the development and enforcement of security policies, standards, and guidelines in alignment with industry best practices and regulatory requirements. Coordinate and manage the organization's response to cybersecurity incidents, including investigation, remediation, and fe) reporting. © Conduct regular risk assessments to identify, evaluate, and mitigate security risks. © Collaborate with IT and other departments to ensure security is embedded in all technology initiatives. © Advise on the adoption of emerging security technologies and practices. © Provide guidance on security architecture and ensure that all IT projects incorporate appropriate security measures. © Provide guidance on relevant cybersecurity laws, regulations, and standards, including but not limited to NIST, ISO 27001, GDPR, and other applicable frameworks. © Prepare and present periodic security reports to internal stakeholders. © Assess and manage cybersecurity risks associated with third-party vendors and service providers. Services Assumptions: e Client maintains SentinelOne Complete license subscription e Client maintains a DNS Security subscription e Client maintains a firewall security services subscription @ Client maintains an email security subscription e Client maintains a backup system subscription with a minimum of 2 independent backup storage locations e = Client maintains at minimum a manufacturer warranty on Firewalls, Switches, Routers, Servers and any other component critical to organization operations e Client maintains a cyber security insurance policy with a minimum of 1 Million Dollars of coverage e Client maintains a software maintenance contract for any software platforms critical to organizational operations © Any and all hardware and software are reviewed with Simvay LLC prior to purchasing e Client shall perform necessary due diligence to provide the information and materials as may be reasonably required for the successful performance of this agreement. Services Exclusions: e Does not cover any hardware, software, licenses, license renewals, upgrades or shipping fees. e Does not cover any third-party vendor or manufacturer warranties e Does not cover any third-party Support Case Incidents e Does not cover costs for hardware and software life cycle end of life refreshes e Does not cover costs associated to recovery resulting from virus/malware/ransomware infection e Does not cover costs associated with hardware failure, power, or acts of god
Master Services Agreement January 15t, 2026 — December 31%, 2028 i . a EMTS Monthly Service Fee: $9,100.00 FISM Monthly Service Fee: $2,400.00 SIGNATURE AND CONTRACT EXECUTION This Service Agreement (“Agreement”) is made and entered into between Simvay LLC, with office at 29570 Clemens Rd, Westlake, OH 44145 (“Company”) and City of Fairview Park with offices at 20777 Lorain Road, Fairview Park, Ohio 44126 (“Customer”). All notices intended for parties shall be effective if sent to their respective addresses above, if to Simvay LLC, attention Management; if Customer, attention: Management (“Notice”). Service Provider: Simvay LLC Client: City of Fairview Park Representative: Kristoffer Oswald Representative: Title: Partner Title: Date: Date: Signature: Signature: Purchase Order Number: Upon acceptance of this contract, sign this page and mail to Simvay LLC, c/o Service Contracts. Please include your purchase order with this signature sheet.
\ Exhibit B Enterprise Managed Detection and Response ¢ 4 _ ae ra s ° 1 January 1°, 2026 — December 31°, 2028 Annual Service Fee: $21,000.00 Enterprise Managed Detection and Response (EMDR) Deliverables: Priority Level Pl P2 P3 P4 PS Monitored Tools/Solutions/etc. In-Scope: o SentinelOne Cloud Al SIEM Microsoft 365 Email Security/Mimecast DUO/Okta Identity Monitoring Firewall Detections co Other compatible logs Deployment and Configuration o Platform Deployment o 0c 4 0 Assistance with agent deployment strategies and complications. oC © Configuration of SentinelOne agents and policies. o Development of tailored EDR policies (e.g., whitelisting, blocking, behavior analysis) based on organizational risk and compliance requirements. o Configuration of compatible XDR integrations (i.e. Microsoft 365, Duo, Mimecast, etc) Threat Monitoring and Detection © 8x5 continuous monitoring, event review, and escalation. © 24x7 response to triggered high and critical events © Automated Threat Detection, behavioral analysis, SOAR rules. Incident Response and Remediation o Automated Containment Incident Triage and Escalation Root Cause Analysis Remediation Actions Reporting and Analytics Real-time Dashboards System Health and Maintenance o Agent Health Monitoring o Detection and reporting of rouge devices Service Level Agreements (SLAs) o0o00 0 Classification Average Escalation Time Critical Events 15-30 minutes High-Priority Events 1 hour Medium-Priority Events 4-8 hours Low-Priority Events 24 hours Informational Events 48 hours Example Triggers Active ransomware detection, data exfiltration, critical system compromise, major breaches Detection of malware, lateral movement, attempts to exploit known vulnerabilities Suspicious behavior indicating potential compromise, unsuccessful lateral movement attempts, anomalous user behavior Low-level anomalies, flagged but benign activity, potentially misconfigured systems or policies General system updates, low-risk activities like user login anomalies, benign software behavior
Enterprise Managed Detection and Response January 1°, 2026 — December 31**, 2028 nee aeaeraane! Annual Service Fee: $21,000.00 ‘ EE Services Assumptions: ¢ Client maintains SentinelOne Complete license subscription e Client maintains a ONS Security subscription e Client maintains a firewall security services subscription e Client maintains an email security subscription e Client maintains a backup system subscription with a minimum of 2 independent backup storage locations e Client maintains at minimum a manufacturer warranty on Firewalls, Switches, Routers, Servers and any other component critical to organization operations e Client maintains a cyber security insurance policy with a minimum of 1 Million Dollars of coverage e Client maintains a software maintenance contract for any software platforms critical to organizational operations e Any and all hardware and software are reviewed with Simvay LLC prior to purchasing e Client shall perform necessary due diligence to provide the information and materials as may be reasonably required for the successful performance of this agreement. Services Exclusions: ¢ Does not cover any hardware, software, licenses, license renewals, upgrades or shipping fees. e Does not cover any third-party vendor or manufacturer warranties ¢ Does not cover any third-party Support Case Incidents e Does not cover costs for hardware and software life cycle end of life refreshes e Does not cover costs associated to recovery resulting from virus/malware/ransomware infection e Does not cover costs associated with hardware failure, power, or acts of god
Enterprise Managed Detection and Response January 1%, 2026 — December 31**, 2028 Annual Service Fee: $21,000.00 ra OIMVAYT mi SYSTEMS Ove _ SIGNATURE AND CONTRACT EXECUTION This Service Agreement (“Agreement”) is made and entered into between Simvay LLC, with office at 29570 Clemens Rd, Westlake, OH 44145 (“Company”) and City of Fairview Park with offices at 20777 Lorain Road, Fairview Park, Ohio 44126 (“Customer”). All notices intended for parties shall be effective if sent to their respective addresses above, if to Simvay LLC, attention Management; if Customer, attention: Management (“Notice”). Service Provider: Simvay LLC Client: City of Fairview Park Representative: Kristoffer Oswald Representative: Title: Partner Title: Date: Date: Signature: Signature: Purchase Order Number: Upon acceptance of this contract, sign this page and mail to Simvay LLC, c/o Service Contracts. Please include your purchase order with this signature sheet.
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor 440-333-2200 (City Hall) www.fairviewparkohio.gov MEMORANDUM TO: Council President King and Members of City Council FROM: Mayor Bill Schneider RE: Computer Services Contract with Simvay LLC DATE: January 5, 2026 The Administration of the City of Fairview Park (“City”) requests the passage of the following Ordinance with three readings with emergency enactment: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH SIMVAY LLC FOR MANAGED IT SERVICES FOR THE CITY OF FAIRVIEW PARK AND DECLARING AN EMERGENCY Simvay LLC has been selected to provide manage IT services from January 1, 2026 to December 31, 2028. Simvay LLC will provide Enterprise Managed Technology Services (EMTS), Fractional Information Security Officer (FISM), and Enterprise Managed Detection and Response (EMDR) proactive support services which includes anticipating and preventing IT problems, successful installation and configuration of necessary technologies to monitor and maintain critical technology systems. The City agrees to pay Simvay LLC hundred fifty-nine thousand dollars ($159,000) per year for professional computer maintenance and support services, managed cybersecurity and anti-virus services, data backup services, and related software, security, and cloud service. A copy of the pricing is attached hereto as Exhibits “A” and “B”. The cost of the professional services contract with Simvay LLC will be paid from the General Fund (100), the Recreation Fund (230), the Permanent Improvement Fund (260) or other funds as determined by the Finance Director. After review of the Terms and Conditions of the contract by the Law Department, a few additions were made and have been submitted to Simvay LLC for review. Prior to passage, the final contract will be presented to Council.. cc: A. Steven Dever, Law Director Liz Westbrooks, City Council Clerk Jennifer Pae, Finance Director Kerry Kemp, Parks and Recreation Director
Ordinance 26-__ | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 26- REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: FINANCE CHAIR AN ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE A TRAILER- MOUNTED MESSAGE SIGN AND A TRAILER-MOUNTED ARROWBOARD FOR THE SERVICE DEPARTMENT AND DECLARING AN EMERGENCY WHEREAS, the City of Fairview Park (“City”) needs better signage for traffic detours around construction sites and other traffic changing events to maintain traffic flow and to ensure public safety. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. The Ver-Mac PCMS 1500 Full Matrix Message Sign is a portable changeable message sign and will provide a means for the Service Department to communicate traffic pattern changes to the public. (Exhibit B) SECTION 2. The Ver-Mac ST-4815 15 Light Solar Connected Arrow Board Trailer is a portable arrow board which will be used to direct traffic when needed in the City. (Exhibit C) SECTION 3. That the Mayor is hereby authorized to purchase the Ver-Mac PCMS 1500 Full Matrix Message Sign for eighteen thousand seven hundred dollars ($18,700.00) and the Ver- Mac ST-4815 15 Light Solar Connected Arrow Board Trailer for four thousand nine hundred fifty dollars ($4,950.00). (Exhibit “A”) SECTION 4. Both items will be purchase from A&A Safety. The Service Department is requesting an additional five percent (5%) above the quoted price to cover a potential price increase due to the quote being provided in 2025 and the purchase being in 2026. The total cost for the equipment shall not exceed twenty-four thousand eight hundred thirty-two dollars and fifty cents ($24,832.50) and will be payable from the Permanent Improvement Fund (Fund 260). SECTION 5. It is found and determined that all formal actions of this Council concerning and relating to 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 result 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 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 26-__ | Page 2 PASSED: 1st reading: APPROVED: 2nd reading: 3rd reading: ____________________________________ Bridget C. King, President of Council ____________________________________ Bill Schneider, Mayor ____________________________________ Liz L. Westbrooks, Clerk of Council
QUOTE QUOTE NO 27630 1126 Ferris Road, Amelia, OH 45102 Phone: (513) 943-6100 Fax: (513) 943-6106 4080 Industrial Lane, Beavercreek, OH 45430 Phone: (937) 912-9590 Fax: (937) 912-9593 16000 Miles Road, Cleveland, OH 44128 Phone: (216) 283-8040 Fax: (216) 283-8041 TO: Henry Chaski City of Fairview Park OH 20777 Lorain Road Fairview Park, OH 44126-2018 QUOTE DATE VALID THRU FOR PAGE 12/17/2025 1/15/2026 Message Board, Arrow Board * means item is non-taxable 1 ITEM NO QUANTITY DESCRIPTION UNIT PRICE EXTENDED 1 Ver-Mac PCMS 1500 Full Matrix Message Sign - 75" x 132" display panel - 3 x 85W solar panels, Stealth technology, Jamlogic refresh and alerts - V-Touch controller with V-sync Wi-Fi - 4G Modem and 10 yr cell plan PER ODOT PURCHASE CONTRACT 041- 25 18,700.00 18,700.00* 1 Ver-Mac ST-4815 15 Light Solar Connected Arrow Board Trailer - 1 50W solar, stealth technology and V- Switch controller - connected module w/ 4G modem, 10-yr cell plan, push to Waze, basic WZDx feed and GPS mapping PER ODOT PURCHASE CONTRACT 041- 25 4,950.00 4,950.00* TOTAL AMOUNT 23,650.00 NOTES: 3% administrative fee will be added to all credit/debit card transactions. If you have any questions please contact me via cell or email. Thank you,
QUOTE QUOTE NO 27630 1126 Ferris Road, Amelia, OH 45102 Phone: (513) 943-6100 Fax: (513) 943-6106 4080 Industrial Lane, Beavercreek, OH 45430 Phone: (937) 912-9590 Fax: (937) 912-9593 16000 Miles Road, Cleveland, OH 44128 Phone: (216) 283-8040 Fax: (216) 283-8041 TO: Henry Chaski City of Fairview Park OH 20777 Lorain Road Fairview Park, OH 44126-2018 QUOTE DATE VALID THRU FOR PAGE 12/17/2025 1/15/2026 Message Board, Arrow Board * means item is non-taxable 2 Ethan C: (216) 854-0344 Email: ethanr@aasafetyinc.com
PCMS-1500 PCMS-1500 TRAILER-MOUNTED MESSAGE SIGN Ver-Mac’s PCMS-1500 is a full-matrix trailer-mounted portable changeable message sign. It displays 3 lines and 8 characters (18 in.) per line by default, with the ability to display multiple fonts, lines of text and graphics. This unit comes equipped with Stealth Technology, an NTCIP-compliant V-Touch Controller, V-Sync Wi-Fi communication, and JamLogic® Fleet Management Software. The PCMS-1500 combines cutting-edge technology, energy-efficient design and high-quality construction to provide the most reliable, cost-effective and safe to operate message sign on the market. It is the perfect full-matrix model to be used for highway construction. ON THE SIGN Using our V-Touch Controller NEAR THE SIGN Using our V-SYNC Wi-Fi REMOTELY Using JamLogic® web on your smartphone or tablet REMOTELY Using JamLogic® on your computer 4 WAYS TO CHANGE A MESSAGE PRO SERIES FEATURES STEALTH TECHNOLOGY Maintenance-free batteries Anti-theft hidden battery compartment V-SYNC WI-FI TECHNOLOGY Change messages using your smartphone Safely change messages away from traffic ROBUST TRAILER DESIGN Large footprint for greater stability Diamond plate maintenance platform Tongue wheel jack for safe and easy set up Controller located away from the road Rugged indexed rod mast brake FULLY-INTEGRATED CELLULAR 4G LTE MODEM No 3G upgrade needed 10-year fleet cell service SWZ upgrade (optional) JAMLOGIC® SOFTWARE Hourly automated refresh and battery/GPS alerts & reports Interactive map & list view of all equipment Project folders to organize equipment Logs date/time of all activated message • Highway construction • Smart Work Zone • Special events APPLICATIONS
QUEBEC, CANADA OFFICE: 1781 BRESSE STREET, QUEBEC CITY, QC, G2G 2V2, CANADA CONROE, TX OFFICE: 3479 POLLOK DRIVE, CONROE, TX, 77303, USA T: 418-654-1303 TF: 888-488-7446 F: 418-654-0517 VER-MAC.COM PCMS-1500 05/04 © 2022, Signalisation Ver-Mac inc. All rights reserved. : ISO 9001 2015 C E R T I F I E D S Y S T E M PCMS-1500 ENERGY-EFFICIENT DESIGN HIGH PERFORMANCE SURFACE MOUNT LED’S Create bold and bright characters with greater angularity SOLAR PANELS Provide maximum solar recharging year-round • Designed to run 12 months in most regions without manual charging • Optional tilt & rotate solar panels SOLAR REGULATOR Protects the batteries against overcharge, over-discharge and short circuits HIGH-QUALITY CONSTRUCTION SUPERIOR POWDER COATING FINISH Impact, humidity, salt spray and rust resistant 4 LEVELING JACKS Stabilization and easy transportation TONGUE WHEEL JACK Easy and safe trailer set up ELECTRO-HYDRAULIC LIFT MECHANISM Quick and effortless deployment RUGGED INDEXED ROD MAST BRAKE 360o rotation (6o increments combined with infinite position using manual hand brake) LOCKABLE PLASTIC BOX Protection for controller, modem, pump, and other components 2-IN. (51 MM) COUPLER OR 3-IN. (76 MM) PINTLE EYE Easy towing V-TOUCH CONTROLLER NTCIP COMPLIANT EASY-TO-READ 7-inch (178 mm) color LCD touchscreen display USER-FRIENDLY One-click icon-based menu items TIME-SAVING Create your own library of messages SIMPLE TO OPERATE Intuitive point-and-go icons make displaying and editing messages quick and easy to display ADDITIONAL FUNCTIONALITIES Scheduling, sign diagnostics, pin-protected security, and much more DISPLAY • Display panel: 131 x 75 in. (3331 x 1917 mm) • Full-matrix of 28 x 48 pixels • 4 LEDs per pixel • 3 lines of 8 characters per line (default) & graphics capability • 5 x 7 pixels (18 in.) characters (default) • Display sign rotates 360 degrees for perfect setting • Improved plug-and-play display modules for simplified maintenance DIMENSIONS AND WEIGHT • Operating height: 165 in. (4196 mm) • Overall length: 183 in. (4637 mm) • Traveling height: 106 in. (2707 mm) • Traveling width: 87 in. (2197 mm) • Weight (approx.): 790 kg (1,740 lb.) • Axle/suspension: 1588 kg (3,500 lb.) OPTIONS • Battery charger • Radar • Statistics (requires radar) • Fixed camera • Tilt-and-rotate solar panels Other options are available to meet your needs. WARRANTY • 1 year on complete unit • 2 years on electronic components manufactured by Ver-Mac Transport position
ST-4815 STEALTH TECHNOLOGY Maintenance-Free Battery Anti-Theft Hidden Battery Compartment OPTIBRIGHT TECHNOLOGY Exclusive Energy-Efficient Lens Mold Easier Replacement of Lamps Autonomous No Hassle Performance. IMPROVED SINGLE MAST DESIGN Diamond Plate Maintenance Platform Rugged Indexed Rod Mast Brake Tongue Wheel Jack for easy and safe set up Secure Support of Arrowboard for Transport Safely Set and Turn Arrowboard to Traffic V-SWITCH CONTROLLER Easy-to-use rotary switch to quickly select arrow patterns/mode Real-time arrow, solar & battery status Lockable control box for more security Photocell with automatic adjustment SMART ARROWBOARD OPTION Plug & Play Set up Lane Closure Start Location Mode Displayed on Arrow Sign Road Name & Mile Marker Where Deployed Direction of Traffic Side of Road Where Deployed Ability to retrofit existing arrowboards ST-4815 TRAILER-MOUNTED ARROWBOARD Ver-Mac’s ST-4815 Pro Series is a trailer-mounted arrowboard with 15 LED lamps. It features our innovative Single-Mast Design, V-Switch controller, Stealth Technology, OptiBright technology and is wired to integrate the Smart Arrowboard option. The unit combines energy-efficient design and high-quality construction to provide the most reliable, cost-effective and safe to operate arrowboard on the market. PRO SERIES FEATURES V-Switch Controller
1781, BRESSE STREET, QUÉBEC, QUÉBEC, G2G 2V2, CANADA T: 418-654-1303 TF: 888-488-7446 F: 418-654-0517 VER-MAC.COM ST-4815 PRO SERIES 05/07 © 2019, Signalisation Ver-Mac inc. All rights reserved. : ISO 9001 2015 C E R T I F I E D S Y S T E M ST-4815 SINGLE-MAST DESIGN ARROWBOARD PROTECTED IN TRAVEL POSITION Safer to use and more efficient to store and transport LOW CENTER OF GRAVITY REDUCES WIND DRAG Saving fuel costs QUICK AND EASY TO SET UP IN TIGHT WORK ZONES Saving time ANGLE THE ARROWBOARD INDEPENDENTLY TOWARDS TRAFFIC Safely set and turn arrowboard to traffic EASY MAINTENANCE PLATFORM Diamond plates make it easy and safe to perform maintenance HIGH-QUALITY CONSTRUCTION POWDER COATING SUPERIOR FINISH Impact, humidity, salt spray and rust resistant 4 ADJUSTABLE STABILIZER LEGS For trailer stabilization and easy transportation TONGUE WHEEL JACK For easy and safe trailer set up REMOVABLE TONGUE Saves space for storage MANUAL LIFT MECHANISM For quick deployment U-SHAPED CRADLE FOR ARROWBOARD For better support during transportation RUGGED INDEXED ROD MAST BRAKE The arrow can be positioned on 209 degrees (17 deg. increments) HEAVY-DUTY PLASTIC FENDERS For durability and easy replacement 2-IN. (51 MM) COUPLER OR 3-IN. (76 MM) PINTLE EYE For easy towing DISPLAY • Arrowboard panel: 48 in. x 96 in. (1219 mm x 2438 mm) • 15 LED lamps with OptiBright Technology • 2 back LED lights • 28 LEDs per lamp DIMENSIONS AND WEIGHT • Overall length: 134 in. (3415 mm) • Overall width: 96 in. (2438 mm) • Operating height : 135.5 in. (3442 mm) • Travelling width: 70 in. (1788 mm) • Travelling height: 93 in. (2362 mm) • Weight (approx.): 420 kg (920 lb.) OPTIONS • Weatherproof battery charger • Smart arrowboard • Smart arrowboard retrofit Other options are available to meet your needs. WARRANTY • 1 year on complete trailer • 2 years on electronic components manufactured by Ver-Mac ENERGY-EFFICIENT DESIGN OPTIBRIGHT TECHNOLOGY Exclusive lens mold designed for super efficient energy consumption SOLAR PANEL Provides maximum solar recharging during all four seasons. SOLAR REGULATOR Protects the batteries against overcharge, over-discharge and short circuits • Designed to run 12 months in most regions without manual charging. APPLICATIONS • Highway construction • Department of Transportation (DOT) • City and county • Utility • Smart Work Zone
20777 Lorain Road Fairview Park, OH 44126 Mayor Bill Schneider 440-333-2200 (City Hall) www.fairviewparkohio.gov MEMORANDUM TO: Council President King and Members of City Council FROM: Bryan Hitch, Service Director RE: Purchase Two Trailer-Mounted Traffic Signs DATE: January 5, 2026 The Administration of the City of Fairview Park requests passage of the following legislation on three readings with emergency enactment: AN ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE A TRAILER-MOUNTED MESSAGE SIGN AND A TRAILER-MOUNTED ARROWBOARD FOR THE SERVICE DEPARTMENT AND DECLARING AN EMERGENCY The City of Fairview Park (“City”) needs better signage for traffic detours around construction sites and other traffic changing events to maintain traffic flow and to ensure public safety. The City will use the Ver-Mac PCMS 1500 Full Matrix Message Sign and the Ver-Mac ST-4815 15 Light Solar Connected Arrow Board Trailer to communicate upcoming changes in traffic patterns and current traffic detours and to help direct the flow of traffic. The 2025 quoted cost from A&A Safety for the Ver-Mac PCMS 1500 Full Matrix Message Sign is eighteen thousand seven hundred dollars ($18,700.00) and the Ver-Mac ST-4815 15 Light Solar Connected Arrow Board Trailer is four thousand nine hundred fifty dollars ($4,950.00) for a total of twenty-three thousand six hundred fifty dollars ($23,650.00). (Exhibit “A”) The Service Department is requesting and additional five percent (5%) above the quoted price to cover a potential price increase due to the quote being provided in 2025 and the purchase being in 2026. The total cost for the equipment shall not exceed twenty-four thousand eight hundred thirty-two dollars and fifty cents ($24,832.50) payable from the Permanent Improvement Fund (Fund 260). Cc: Mayor Bill Schneider Jennifer Pae, Finance Director/HR Manager Liz Westbrooks, Clerk of Council
20777 Lorain Road Fairview Park, OH 44126 Mayor Bill Schneider 440-333-2200 (City Hall) www.fairviewparkohio.gov MEMORANDUM TO: Council President King and Members of City Council FROM: Bryan Hitch, Service Director RE: Purchase Two Trailer-Mounted Traffic Signs DATE: January 5, 2026 The Administration of the City of Fairview Park requests passage of the following legislation on three readings with emergency enactment: AN ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE A TRAILER-MOUNTED MESSAGE SIGN AND A TRAILER-MOUNTED ARROWBOARD FOR THE SERVICE DEPARTMENT AND DECLARING AN EMERGENCY The City of Fairview Park (“City”) needs better signage for traffic detours around construction sites and other traffic changing events to maintain traffic flow and to ensure public safety. The City will use the Ver-Mac PCMS 1500 Full Matrix Message Sign and the Ver-Mac ST-4815 15 Light Solar Connected Arrow Board Trailer to communicate upcoming changes in traffic patterns and current traffic detours and to help direct the flow of traffic. The 2025 quoted cost from A&A Safety for the Ver-Mac PCMS 1500 Full Matrix Message Sign is eighteen thousand seven hundred dollars ($18,700.00) and the Ver-Mac ST-4815 15 Light Solar Connected Arrow Board Trailer is four thousand nine hundred fifty dollars ($4,950.00) for a total of twenty-three thousand six hundred fifty dollars ($23,650.00). (Exhibit “A”) The Service Department is requesting and additional five percent (5%) above the quoted price to cover a potential price increase due to the quote being provided in 2025 and the purchase being in 2026. The total cost for the equipment shall not exceed twenty-four thousand eight hundred thirty-two dollars and fifty cents ($24,832.50) payable from the Permanent Improvement Fund (Fund 260). Cc: Mayor Bill Schneider Jennifer Pae, Finance Director/HR Manager Liz Westbrooks, Clerk of Council
Ordinance 25-66 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25-66 ORIGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILMAN MINEK AN ORDINANCE AUTHORIZING THE MAYOR TO ADVERTISE FOR BIDS AND TO ENTER INTO A CONTRACT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER AS DETERMINED BY THE BOARD OF CONTROL FOR THE WEST 210 STREET RESURFACING PROJECT AND DECLARING AN EMERGENCY WHEREAS, the City of Fairview Park (“City”) received two hundred fifty thousand dollars ($250,000.00) from Cuyahoga County towards the cost of the repaving of West 210 Street from Lorain Road to Center Ridge Road (“Project”). On November 18, 2024, City Council approved the agreement between the City and Cuyahoga County with Ordinance 24-80; and WHEREAS, on February 17, 2025, the City Council passed Ordinance 25-07 authorizing the City to enter into contract with the Mannik Smith Group (“City Engineer”) for the design of the Project; and WHEREAS, per the City Engineer, the total estimated construction cost for the Project is two million dollars ($2,000,000.00); and WHEREAS, West 210 Street is in immediate need of repair and requires the City Engineer to design the plans for repair and reconstruction. 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 advertise and accept bids for the Project based on the plans and specifications prepared by the City Engineer. SECTION 2. That the Mayor is authorized to enter into a contract with the lowest most responsive and responsible bidder as determined by the Board of Control for said Project, in an amount not to exceed two million dollars ($2,000,000.00) which includes contingency, to be paid from the Capital Project 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,
Ordinance 25-66 | 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 immediate preservation of the public peace, health, safety and welfare; and for the further reason that the Project stays on schedule with construction to start in spring 2026; 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: 12.01.25 APPROVED: 2nd reading: 12.15.25 3rd reading: ____________________________________ Bridget C. King, President of Council ____________________________________ Bill Schneider, Mayor ____________________________________ Liz L. Westbrooks, Clerk of Council
Ordinance 25-67 | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 25-67 ORIGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILMAN MINEK AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH MANNIK SMITH GROUP FOR BIDDING SERVICES AND CONSTRUCTION ADMINISTRATION OF THE WEST 210 STREET RESURFACING PROJECT AND DECLARING AN EMERGENCY WHEREAS, the City of Fairview Park (“City”) requires the services of Mannik Smith Group (“City Engineer”) to design the resurfacing of West 210 Street between Lorain Road and Center Ridge Road (“Project”); and WHEREAS, the City received two hundred fifty thousand dollars ($250,000.00) from Cuyahoga County towards the cost of the Project. On November 19, 2024, the City Council approved the agreement between the City and Cuyahoga County with Ordinance 24-80; and WHEREAS, the City entered into contract with the City Engineer for the Project on February 17, 2025 with Ordinance 25-07; and WHEREAS, the City will contract with the City Engineer to provide construction administrative services for the Project; and WHEREAS, West 210 Street is in immediate need of repair and requires the City Engineer to design the plans for repair and reconstruction. 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 Engineer is hereby authorized for construction administrative services for the resurfacing of West 210 Street between Lorain Road and Center Ridge Road. SECTION 2. That the City Engineer shall be paid for the services rendered in accordance with the contract with the City in an amount not to exceed seventy-five thousand dollars ($75,000.00) to be paid from the Capital Project 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. 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 the Project will stay on schedule with construction starting in spring of 2026; and provided it receives the affirmative vote of a majority plus one of the members elected
Ordinance 25-67 | Page 2 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: 12.01.25 APPROVED: 2nd reading: 12.15.26 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.fairviewparkohio.gov MEMORANDUM TO Council President King and Members of City Council ORIGINATED BY: Megan Otter, Assistant Development Director FROM: Mayor Bill Schneider RE: Ordinance for construction administration and bidding of West 210 Street between Lorain Road and Center Ridge Road DATE: December 1, 2025 The Administration of the City of Fairview Park (“City”) requests passage of the following legislation with emergency enactment for the resurfacing of West 210 Street between Lorain Road and Center Ridge Road (“Project”): AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH MANNIK SMITH GROUP FOR BIDDING SERVICES AND CONSTRUCTION ADMINISTRATION OF THE WEST 210 STREET RESURFACING PROJECT AND DECLARING AN EMERGENCY AN ORDINANCE AUTHORIZING THE MAYOR TO ADVERTISE FOR BIDS AND TO ENTER INTO A CONTRACT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER AS DETERMINED BY THE BOARD OF CONTROL FOR THE WEST 210 STREET RESURFACING PROJECT AND DECLARING AN EMERGENCY City Council approved Ordinance 24-80 to enter into agreement with Cuyahoga County for the 2025-2026 50/50 Funding Program for the resurfacing of West 210 Street. City Council entered into contract with Mannik Smith Group (City Engineer) for the design of the Project on February 17, 2025 with Ordinance 25-07. The Administration is requesting authorization for the Mayor to enter into contract with the City Engineer for bidding services and construction administration. Additionally, the Administration is requesting authorization for the Mayor to advertise for bids and enter into a contract with the lowest responsive and responsible bidder for the Project. The construction will start in spring 2026. cc: A. Steve Dever, Law Director Liz Westbrooks, Clerk of Council Jennifer Pae, Finance Director/HR Manager Bryan Hitch, Service Director Kim Kerber, City Engineer
Resolution 25-18 | Page 1 CITY OF FAIRVIEW PARK RESOLUTION NO.: 25-18 ORIGINATED BY: MEGAN OTTER, ASSISTANT DEVELOPMENT DIRECTOR REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: COUNCILMAN MINEK A RESOLUTION TO ADOPT THE TRANSIT-ORIENTED DEVELOPMENT OVERLAY DISTRICT FOR THE CITY OF FAIRVIEW PARK PROVIDED BY THE CUYAHOGA COUNTY PLANNING COMMISSION AND DECLARING AN EMERGENCY WHEREAS, City Council approved the City of Fairview Park (“City”) to enter into contract with the Cuyahoga County Planning Commission (“Commission”) to design the Transit- Oriented Development Overlay District (“TOD”) with Ordinance 24-73 passed on October 21, 2024; and WHEREAS, the City worked with the Commission on the core themes of the TOD; expand mobility options, encourage infill and mixed-use development, promote economic development, prioritize pedestrian-oriented design, and create a “sense of place”; and WHEREAS, the completed TOD (Exhibits “A” and “B”) is intended for use as a guide for any redevelopment and development along areas of Lorain Road where mixed uses and diverse housing types are promoted; and WHEREAS, the City’s Planning and Design Commission met on October 15, 2025 to discuss a recommendation to adopt the TOD which was referred to City Council on November 19, 2025. 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 City hereby thanks Cuyahoga County Planning Commission for preparing the TOD Overlay District City’s zoning language and design guidelines to be adopted and applied to portions of Lorain Road throughout the City. SECTION 2. The Transit-Oriented Development Overlay District is now adopted for the City of Fairview Park. 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.
Resolution 25-18 | Page 2 SECTION 4: That this Resolution is hereby declared to be an emergency measure, necessary for the immediate preservation of public health, safety and welfare; and for further reason that the Resolution can be utilized by the City to support future funding; 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: 12.01.25 APPROVED: 2nd reading: 12.15.25 3rd reading: ____________________________________ Bridget C. King, President of Council ____________________________________ Bill Schneider, Mayor ___________________________________ Liz L. Westbrooks, Clerk of Council
TRANSIT-ORIENTED DEVELOPMENT (TOD) OVERLAY DISTRICT CHAPTER 1161 ZONING CODE UPDATE EXHIBIT A DRAFT - P&D COMMISSION RECOMMENDATIONS
CUYAHOGA COUNTY PLANNING COMMISSION 2079 East 9th Street Suite 5-300 Cleveland, OH 44115 216.443.3700 www.CountyPlanning.us www.facebook.com/CountyPlanning www.twitter.com/CountyPlanning CONTRIBUTING STAFF Mary Cierebiej, AICP, Executive Director Patrick Hewitt, Planning Manager Design & Implementation Erik Engle, AICP, Principal Planner Micah Stryker, AICP, Senior Planner Luke Ols, Senior Intern OUR VISION Inspiring all of our communities to thrive OUR MISSION To advance Cuyahoga County’s social, economic, and environmental health through equitable community planning ACKNOWLEDGMENTS CITY OF FAIRVIEW PARK Bill Schneider, Mayor Fairview Park City Hall 20777 Lorain Road Fairview Park, Ohio 44126 440.333.2200 https://www.fairviewparkohio.gov/ PROJECT TEAM Nick Muhvic, Chair, Planning and Design Commission Mary Ann Vanschoor, Member, Board of Building and Zoning Appeals Megan Otter, Assistant Director of Development Walter Maynard, Building Commissioner Henry Chaski, Executive Assistant to the Mayor Steven Dever, Law Director Cailin Fitzpatrick, Support Specialist
CHAPTER 1161 Transit-Oriented Development (TOD) Overlay Zoning District 1161.01 Establishment and Purpose. 1161.02 Applicability. 1161.03 Definitions. 1161.04 Use Standards. 1161.05 Additional Use Standards. 1161.06 Development Standards. 1161.07 Design Regulations 1161.08 Parking and Loading Standards. 1161.09 Bicycle Parking Regulations. 1161.10 Access, Circulation, and Connectivity Regulations. 1161.11 Open Space, Landscaping, and Screening Regulations. 1 11/25 DRAFT
1161.01 ESTABLISHMENT AND PURPOSE I. Establishment. The Transit-Oriented Development Overlay District (TOD Overlay District) and this associated chapter for regulations are established to guide development and redevelopment in areas where a mix of uses and a diversity of housing types should be promoted as a means of promoting transit use and expanding mobility options. II. Purpose. The purpose of the TOD Overlay District is to further promote development areas along major corridors and transit routes as compact, mixed-use, walkable, and livable neighborhoods to: (a) Increase transit use and expand other mobility options by developing an environment that makes using all modes of transportation comfortable, convenient, and safe through enhanced streetscapes, amenities, and pedestrian-oriented buildings; (b) Encourage infill development and reuse of existing buildings in a manner consistent with the objectives, standards, and design criteria for this district; (c) Permit a mixture of higher density residential and commercial uses in a manner that ensures the City is functionally competitive in today's housing and retail markets while fostering vibrant neighborhoods and efficient transit systems; (d) Provide increased opportunities for economic development and expansion of the City's tax base while strengthening the diversity and accessibility of commercial uses to residential areas throughout the community; (e) Create a pedestrian-friendly, mixed-use district that imparts a sense of identity and acts as a focal point for the community while reducing auto dependency and roadway congestion; (f) Establish design guidelines for new development or redevelopment that reinforces the district's "sense of place" and ensures that an aesthetically pleasing environment is created. Specifically, the design guidelines are intended to: (1) Provide interest along the public streetscape through high-quality construction, public spaces, and engaging environments to establish a sense of identity and attract employers, business, residents, and visitors alike; (2) Protect and preserve the appearance and character of the community; (3) Reduce the impact of new development between zoning districts; (g) Encourage an appropriate mix of residential options to promote housing for people of different income levels and at different stages of life. (h) Incorporate sustainable and green practices; and, 2 11/25 DRAFT
(i) Ensure that development occurs in a unified manner in accordance with an approved development plan while supporting the intent and objectives of plans adopted by the City. 3 11/25 DRAFT
1161.02 APPLICABILITY I. Geographic Applicability. Appropriate geographic areas for the TOD Overlay District should minimally be considered for areas within the City that are: (a) Within a defined radius of 0.25 to 0.5 miles, of designated transit stations, including, but not limited to bus terminals, bus stops, train stations, light rail stops, or other major public transportation facilities. (b) Identified in any local comprehensive or master plan, or transit development plan as priority areas for higher-density, mixed-use, and pedestrian-friendly development. II. Zoning Boundaries. For successful implementation of the TOD Overlay District, zoning boundaries of the TOD Overlay District shall be determined in accordance with Chapter 1109 and be formally established on the official zoning map of the city, where applicable. Modification to the boundaries may be made by the governing body through amendments to the zoning map, in accordance with the procedures outlined in Chapter 1157 of this code. III. Applicability. The TOD Overlay District shall apply to areas indicated on the city’s Zoning Map for the following types of development: (a) All newly constructed buildings in the TOD Overlay district shall meet the requirements of this Chapter. (b) Expansion of existing buildings that results in the addition or expansion of 25% or more of the square footage of the existing building (as determined by the Planning and Design Commission, or designee) shall meet the requirements of this Chapter. (c) Expansion of existing buildings that results in an addition or expansion of less than 25% of the square footage of the existing building (as determined by the Planning and Design Commission, or designee) may be developed under the applicable regulations of this overlay or under the regulations of the base zoning district, at the discretion of the applicant. (d) Projects with significant public infrastructure improvements, including but not limited to parking areas, streetscape enhancements, pedestrian paths, bicycle lanes, or public open spaces shall meet the requirements of this Chapter. IV. Relationship with Other Development Standards. All the provisions of the Zoning Code that are applicable to the underlying base district shall apply, except as specifically modified in this Chapter. 4 11/25 DRAFT
V. Transition Regulations. The following transitional regulations will resolve the status of properties with pending or approved applications at the time of adoption of this Chapter. (a) Pending Applications. 1. Any complete application that has been submitted or accepted for approval, but upon which no final action has been taken by the Planning and Design Commission prior to the effective date of this Chapter, shall be reviewed in accordance with the provisions of the underlying zoning district in effect on the date the application was deemed complete. 2. If the Applicant fails to comply with any applicable required period for submittal or other procedural requirements, the application shall expire and subsequent applications shall be subject to the requirements of this Chapter. 3. Any re-application for an expired project approval must meet the standards in effect at the time of reapplication. 4. An applicant with a pending application may elect to have the project reviewed under the regulations of this Chapter through a written letter to the Planning and Design Commission, or designee, requesting review under the provisions of this Chapter. (b) Approved Projects. 1. Approved site plans, variances, conditional use approvals, or building permits that are valid on the Effective Date of this Chapter shall remain valid until their expiration date, which is one (1) year from the date of approval, where applicable. 2. Plans approved under the previous regulations that are valid on the effective Date of this Chapter shall also remain valid until their expiration date, which is one (1) year from the date of approval, where applicable. 3. Re-application of expired previously approved projects, where work has not commenced, shall submit a formal written extension letter to the Planning and Design Commission, or designee. The Planning and Design Commission, or designee may approve the extension application beyond one (1) year provided the applicant has not adjusted any prior approved plans and furnishes just reasonings for the extension. All project extensions shall be approved by any applicable city departments prior to approval by the Planning and Design Commission, or designee. 5 11/25 DRAFT
VI. Conflicts. If any requirements contained within this Chapter present an actual, implied, or apparent conflict with other regulations set forth in this code, the regulations in this Chapter shall prevail. 6 11/25 DRAFT
1161.03 DEFINITIONS I. Words and terms used in this TOD Overlay District code shall be defined in accordance with the provisions set forth in Chapter 1105.20, and any other applicable base zoning district definitions within the zoning ordinance. 7 11/25 DRAFT
1161.04 USE STANDARDS I. Permitted Uses. Uses permitted in the TOD Overlay District are provided in Table 1161.04(A) TOD Overlay District Use Regulations. II. Conditional Uses. (a) Conditional uses in the TOD Overlay District are provided for in Table 1161.04(A): TOD Overlay District Use Regulations. All conditional uses provided for in the table may be permitted within the TOD Overlay District under the conditions and in the manner prescribed in this Zoning Code (Chapter 1149.11 and Chapter 1149.12), and provided they meet the following requirements: 1. The applicant satisfactorily demonstrates that the proposed use supports the general character and purposes of the district and will not substantially hinder the future development of connected, mixed-use, and livable neighborhoods, 2. The applicant satisfactorily demonstrates that the proposed conditional use is the best use of the parcel of land it is proposed to be built upon due to the lot size, shape, natural features, adjacent uses, or other issue relevant to the location of the proposed use, 3. If part of a larger development proposal, the applicant satisfactorily demonstrates that the proposed use is in harmony with the entire development plan, 4. The proposed use is specifically listed in the zoning district regulations, 5. The proposed use shall be properly located in relation to land use, pedestrian circulation and street plans of the City; 6. The location, extent, intensity and layout of the proposed use shall be such that its operations are not objectionable to adjoining and abutting residences by reason of the emission of dust, gas, smoke, noise, fumes, odors, vibrations, glare or other objectionable features greater than normal or as permitted in the applicable zoning district; 7. The location, design and operation of the proposed use at the specific location would not discourage or interfere with appropriate development or impair the full utilization of the surrounding uses and properties; 8. The proposed use meets the specific development conditions as specified in the district regulations which permit such use; and 8 11/25 DRAFT
9. The proposed use shall form a harmonious part of the district in which it is to be located, taking into account, among other considerations, convenience of access, relationship of use, and hours of operation and concentration of vehicles which shall not be more hazardous or dangerous than the normal traffic of the district. III. Additional Use Standards. Uses identified with an asterisk are permitted only if additional use standards, outlined in Section 1161.05, are met. IV. Accessory Uses. Accessory uses or structures are permitted in conjunction with allowed principal uses as outlined in this Zoning Code. V. Substantially Similar Uses. Any substantially similar use which is classified and approved by the Planning and Design Commission, or other designee, to be of the same character, nature, and intensity of use as those in this TOD Overlay District, may be permitted subject to the procedure and standards set forth in this Chapter. TABLE 1161.04(A): TOD OVERLAY DISTRICT USE REGULATIONS PERMITTED AND CONDITIONAL USES COMMERCIAL Amphitheater C Assembly hall or conference center P* Bank P Bar or public house P Bookstore P Brew pub P* Commercial recreation, indoor P Commercial recreation, outdoor C Day care facility, child and/or adult C* Drive-up/Drive-through facility or structure C* Funeral home P* Gym, health spa, yoga studio P Hospital C Hotel P* Indoor sales for used or secondhand merchandise C Medical office or health services clinic P Movie theater, excluding drive-ins P Office P Outdoor sales for used or secondhand merchandise C Public or private school P* Restaurant P 9 11/25 DRAFT
Restaurant, Drive-In C* Restaurant, Drive-Through C* Retail establishment, greater than 40,000 square feet C Retail establishment, less than 40,000 square feet P Service establishment, personal and/or business P Theater P Veterinary hospital P* RESIDENTIAL (MULTI-FAMILY) Apartments P* Townhouse developments P* Adult family homes P* Adult group homes P* Residential facility family houses P* Residential facility group homes P* Family day care homes, Type B P Family day care homes, Type A C* Live-work units P* MANUFACTURING Manufacturing, artisan P Microbrewery, microdistillery, or microwinery P* Research laboratory P* PUBLIC FACILITIES Community center building P Government buildings P Museum P Place of worship P* Public library P Public park or playground P Public safety facilities P OTHER Transit station P Parking structure (as a principal use) C P = Permitted Use C = Conditional Use * = Additional Use Standards Apply (See Section 1161.05) VI. Vertical and Horizontal Mixing of Uses. (a) The vertical mixing of uses, including residential uses with nonresidential uses within a single building, is encouraged. (b) The horizontal mixing of uses in the district is allowed, provided the developments are well-integrated in terms of complementary uses, access and circulation, and compatible design. 10 11/25 DRAFT
VII. Active Uses at Street Level. (a) High-activity, non-residential uses such as retail establishments and restaurants must comprise at least 70% of the first floor facing the primary street to a depth of at least 15 feet. Non-residential, accessory uses such as lobbies, gyms, meeting rooms, or other amenity spaces may qualify as high- activity, non-residential uses, as determined by the Zoning Department. (b) Stairs, storage, hallways, elevators, and indoor parking do not qualify as active uses. 11 11/25 DRAFT
1161.05 ADDITIONAL USE STANDARDS. I. Additional Use Standards for Permitted Principal Uses and Conditional Uses. Permitted uses and Conditional uses identified with an asterisk in Table 1161.04(A) are permitted only if additional use standards, outlined in this Section, are met. (a) Apartments. 1. Every dwelling unit leased or rented for residential purposes shall have direct access to a public stairway, hallway, corridor, or other means of egress without passing through any other dwelling unit. Every public hallway, corridor, stairway, exit, or other means of egress shall be kept clear and unobstructed at all times, so as to afford safe passage from each dwelling unit to open space at ground level. 2. In every dwelling structure, the owner, operator or his/her/their agent shall be responsible for providing and maintaining suitable approved receptacles, incinerators, or other conveniences for the disposal of rubbish, garbage, refuse, or other waste matter. (b) Assembly hall or conference center. 1. The proposed use shall not generate excessive noise beyond the premises as defined under Chapter 557 Noise Control. 2. Any part of such establishment fronting a primary street should be located so as to minimize the amount of space that is inactive during normal business hours. Such facilities are encouraged to have associated retail uses located in the first floor space nearest the street or sidewalk to contribute to the retail environment of the zoning district. (c) Brew pub. No brewing equipment or storage is permitted on the exterior of the building. (d) Drive-up/Drive-through facility or structure. 1. Drive-through windows shall only be permitted when associated with a use listed in this Section. 2. The drive-through windows shall be located at the rear or side of the building to minimize visual impact on the primary street frontage. 3. Entry and exit points for the drive-through should not obstruct pedestrian walkways, bicycle lanes, or transit stops and must allow safe ingress and egress without impeding vehicular traffic. 12 11/25 DRAFT
4. Drive-through windows are not permitted on the primary façade of the building that faces the main pedestrian thoroughfare. 5. Standalone Drive-through structures are strictly prohibited. 6. Restaurant, drive-through as defined in Chapter 1105.20 may be permitted conditionally as is not permitted in this zoning overlay district. regulated by Section 1161.05 (I.)(n). (e) Hotel. 1. Hotel rooms may include kitchens; however, no room shall be rented to any person for continuous occupancy for more than thirty (30) days. 2. There shall be provided a separate drop-off area for hotel guests that must not interfere with the principal driveway or road network. (f) Live-work units. 1. The workspace shall occupy less than 50% of the dwelling unit’s gross floor area. 2. The dwelling is in continuous use as the established place of residence and primary dwelling of the business owner. 3. Business operations shall cease when such use is deemed to be detrimental to the public health, safety, and welfare, or constitutes a nuisance, or when the use is in violation of any statute, ordinance, law or regulation. 4. Activities do not include any of the following: i. Use of the dwelling by more than three nonresidents of the dwelling as employees at any one time; ii. Use of the dwelling to produce or sell products that may in themselves, or whose ingredients may, pose a danger to the health of employees or neighbors, or to the integrity of the building itself; iii. Creation of noise, dust, heat, fumes, odors, smoke, vibration, or other nuisances, including electrical or radio frequency interference; and, iv. Generation of excessive amounts of trash, materials, or yard waste placed on the curb for pickup by the city's garbage collection contractor. (g) Microbrewery, microdistillery, or microwinery. 13 11/25 DRAFT
1. No brewing equipment or storage is permitted on the exterior of the building. 2. Facilities shall be no greater than 10,000 square feet of floor area. Additional floor area may be permitted as a conditional use. (h) Place of worship. The proposed use cannot exceed 12,000 square feet in floor area. (i) Public or private school. The proposed use shall not generate excessive noise beyond the premises. (j) Research laboratory. 1. The use of any hazardous material, or any scientific process that creates hazardous waste must be permitted and approved by the State of Ohio, Federal Government, or other appropriate regulatory authority. 2. The use, storage, and disposal of any hazardous material or waste must meet all state and federal regulations. Provisions for the appropriate use, storage, or disposal of hazardous materials or waste shall be demonstrated before approval of such use. 3. The proposed use shall not generate excessive noise, odors, or other such nuisances beyond the premises. (k) Townhouse developments. 1. Townhouse developments are only allowed when included as one use in a mixed-use development. The Planning and Design Commission may allow townhouse developments that are not part of a mixed-use development as a conditional use on parcels within the TOD overlay from 210th Street to the eastern city border only. 2. Townhouses may not front on primary streets. The Planning and Design Commission may allow townhouse developments to front on a primary street as a conditional use on parcels within the TOD overlay from 210th Street to the eastern city border only. (l) Veterinary hospital. 1. Outdoor spaces for animals are limited to supervised play areas and runs, and all animals kept overnight must be located in a fully enclosed, noise-attenuated structure. 2. No dead animals may be buried on the premises, and no incineration of dead animals shall be permitted. 14 11/25 DRAFT
3. The facility shall properly manage animal waste, pursuant to applicable local and state regulations, so as to not create a nuisance or health hazard to adjoining or nearby property owners. 4. Odor and noise shall be adequately controlled to ensure that animals do not create a nuisance. (m) Restaurant, Drive-in. 1. The principal building shall be oriented to the primary street or transit corridor with the main entrance directly accessible from the public ROW. 2. Drive lanes and menu boards shall be located to the rear of the building, not between the building and the street. 3. Off-street parking shall be located to the side or rear of the building, not between the building and the street. 4. Parking screening requirements shall be met in accordance with this Chapter. (n) Restaurant, Drive-Through. 1. A drive-through restaurant shall be limited to one (1) drive-through lane. Dual or multi-lane drive-thru configurations are strictly prohibited. 2. Adequate on-site stacking space shall be provided to prevent vehicles from blocking public streets, sidewalks, fire lanes, parking aisles, or transit access. 3. Internal circulation patterns shall separate drive-thru traffic from vehicles accessing parking areas and from bicycle or pedestrian pathways. 4. Drive lanes and menu boards shall be located to the rear of the building, not between the building and the street. 5. Menu boards shall be located away from sidewalks and screened to minimize noise spillover. 6. Pickup windows shall be located to the side or rear of the building and shall not face any street. 7. All other design standards shall be met in accordance with this Chapter. 4. 15 11/25 DRAFT
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1161.06 DEVELOPMENT STANDARDS. I. Development Standards. Every permitted and conditional use of land and structures in the TOD Overlay District shall be located on a zoning lot and sited in such a manner as to conform to the development standards outlined in this section. TABLE 1161.06(A). TOD Overlay District Development Standards DEVELOPMENT STANDARDS METRIC LOT DIMENSIONS Minimum Lot Area (square feet) None Required Minimum Lot Width (feet) None Required YARD DIMENSIONS Minimum Front Yard Setback of Principal Building (feet) 5(a)(f) Maximum Front Yard Setback of Principal Building (feet) 15 (See 1161.06(b)) Minimum Side Yard Setback of Principal Building (feet) 0(b) Minimum Rear Yard Setback of Principal Building (feet) 20(c)(d) LOT COVERAGE Minimum Lot Coverage None Required Maximum Lot Coverage (for Buildings) None Required OPEN SPACE Minimum Open Space 10% (See 1161.11) HEIGHT DIMENSIONS Minimum Height of Principal Building (feet) 22 Maximum Height of Principal Building (feet) 65(e) DWELLING UNIT DIMENSIONS Minimum Dwelling Unit Size (net livable square feet) 550 BUILDING WIDTH Minimum Building Frontage 65% (a) Existing buildings may have a minimum front yard setback of 0 feet. (b) Where the side lot line of the lot adjoins a One- and Two-Family Residential District, the side yard shall not be less than 20 feet (c) Minimum rear yard setbacks for principal buildings may be waived by the Planning and Design Commission where such waiver would further the purposes of this district as outlined in Section 1161.01. 17 11/25 DRAFT
(d) Where the rear lot line of the lot adjoins a One- and Two-Family Residential District, the rear yard shall not be less than 30 feet. (e) No portion of a building located within 50 feet of an existing one- or two-family dwelling in a residential zoning district shall be permitted to exceed 45 feet. (f) On blocks with existing buildings, the minimum front yard setback may be reduced to the average front setback of buildings on the same block face. II. Front Yard Setback. (a) The side of the lot that abuts a primary street is considered the front and where the front setback is measured from. (b) The sides of a corner lot that abuts two primary streets are both considered the front and shall have front setback regulations apply to both sides. III. Minimum Building Frontage. (a) The space between the minimum front yard setback and the maximum front yard setback (15 feet) shall be considered the Build-To Zone, as shown in Figure 1161.06(A). (b) The minimum building frontage requirement specifies the amount of the front building facade ( ) that must be located in the Build-To Zone, measured as a percentage of the width of the lot ( ), as shown in Figure 1161.06(A). (c) No building or portion of a building can be located outside of the Build-To Zone until the minimum building frontage requirements have been met. FIGURE 1161.06(A). Minimum Building Frontage 18 11/25 DRAFT
1161.07 DESIGN REGULATIONS I. Approval by Planning and Design Commission. Projects developed under the regulations and process outlined in this Chapter must be reviewed by the Planning and Design Commission. No building permit shall be issued unless plans and specifications have been approved in writing by the Planning and Design Commission. II. Design Guidelines. The Planning and Design Commission should use the following items as guidelines in addition to the provisions set forth in Chapter 1159 of the Zoning Code when reviewing plans and projects being developed in the TOD Overlay District. (a) Architectural Elements. 1. Building design should provide contextual references to its surrounding built environment, including existing architecture, natural features, and cultural contexts. 2. Primary and accent building materials should visually complement each other in terms of color, texture, and pattern. (b) Massing and Scale. 1. The massing and scale of new construction should consider its surrounding context. Where larger scaled buildings are located next to smaller ones, steps should be taken to visually transition down in terms of size, massing, and scale, which can be achieved using any of the following techniques: i. Stepping back upper stories or adjusting the roof pitch of larger massed buildings on the side where they are adjacent to smaller massed buildings. ii. Including additional buffer space between larger massed buildings and smaller massed buildings. This buffer space is an appropriate area for drives, landscaping, and open space. iii. Including horizontal architectural details such as cornices and window frames on larger massed buildings that align with the roofline of the adjacent smaller massed buildings. iv. Using trees and other greenery to soften hard edges between differently massed buildings. 2. Large-scale commercial and mixed-use buildings should include architectural or material-based articulation to reduce the perceived 19 11/25 DRAFT
mass of the building while still aligning with the built context of the block, which can be achieved using any of the following techniques: i. For larger buildings, particularly buildings that fill an entire block, using engaging ground-level design and providing multiple pedestrian entry points along the frontage. ii. Avoiding large, monolithic buildings by breaking the facade down to appear as multiple smaller buildings. iii. Incorporating architectural elements such as recessed or protruding entrances, balconies, bay windows, brick patterns, etc. iv. Ensuring the pattern or repetition of any chosen architectural feature, recess, projection, or break is regular, intentional, and predictable. 3. Front Facades, Entrances, and Building Orientation. i. Ground floor facades facing the street should include at least 50% transparent windows and doors. Transparency should be evenly distributed to avoid long stretches of blank wall. ii. The orientation and placement of buildings should contribute to a sense of enclosure and defined space by maintaining a consistent building frontage along a primary street. a. Buildings may be set further back to incorporate public spaces, plazas and parks in a way that centralizes and activates those spaces, such as by having windows and entrances face into the public spaces. iii. The front facade of new construction should orient towards the street by having the building's main entrance, primary windows, and facade details facing the street. iv. For corner lots, entrances could be oriented at a 45-degree angle to emphasize the corner and encourage pedestrian access from both the principal street and secondary street. 4. Transit. i. Existing and future transit stops should be considered in the layout of new developments to ensure convenient transit access and use. ii. The location of entrances, walkways, and pedestrian amenities should allow for convenient, safe, and comfortable pedestrian access from a transit stop to the site. 20 11/25 DRAFT
5. Pedestrian Amenities. i. Outdoor dining and seating areas are encouraged but should maintain at least five feet of unobstructed walking space along sidewalks. ii. Pedestrian amenities such as benches, lighting, and trash and recycling receptacles should be conveniently placed together. iii. Overhead weather protection—such as awnings, overhangs, and arcades—are encouraged and should be appropriately located to clearly define building entries and orient towards pedestrian areas. Where possible, overhead weather protection should be located to provide shelter to waiting transit users. 6. Parking. i. Garages, parking spaces, and driveways should be designed to be as discreet as possible and limit impediments to the walking environment. a. Garage openings should be placed where it will have the least disruption to pedestrian walkways and limit potential conflict points between car traffic and pedestrians. ii. Buildings should be arranged on the site such that garages should be placed behind buildings whenever possible, and parking entrances should be accessed via secondary streets. iii. Whenever garages face a primary street, they should be lined by buildings that screen the parking structure from view and incorporate other uses such as residential, retail, and active uses. iv. Garages that are visible from a public street should avoid blank walls. These garages should be screened using landscaping or public art, or should incorporate architectural design that complements the primary structure through the use of facade articulation, architectural elements, color, and elements that break up the mass of the garage. Fabric screening of parking garages is discouraged. III. Consistency with Adopted Plans and Guidelines. Where a plan or design guidelines or standards have been adopted by the city, the arrangement and design of land uses, buildings, open spaces, and streets should be consistent with the intent of that plan. 21 11/25 DRAFT
1161.08 PARKING AND LOADING STANDARDS. I. General Provisions. Off-street parking shall conform to the parking requirements set forth in this section for the TOD Overlay District. II. Loading Requirements. All applicable regulations set forth in Chapter 1137.17 shall apply to the TOD Overlay District. III. Modified Parking Standards. (a) The following minimum parking requirements shall apply to parcels within the TOD Overlay District. Should these off-street parking requirements conflict with existing base zone requirements, the requirements herein shall be used. TABLE 1161.08(A) (b) The maximum number of parking spaces permitted for any use shall not exceed 125% of the minimum number of parking spaces required by the base zones under the general provisions of the Zoning Ordinance. IV. Location of Off-Street Parking. (a) No designated parking is permitted in the front yard of a principal building. (b) Parking may be located in the rear or side yard of a building or below the building, however, no more than 40% of the width of the lot along the primary street shall be devoted to parking or drives. Off-Street Parking Use Proposed min parking ratio for TOD Overlay District Residential Single and Two family* 1 space per DU Multi-family* 0.50 spaces per DU Senior or Assisted Living* 0.50 spaces per DU *Parking shall not be required to be enclosed in the TOD District Commercial Retail/Commercial (over 40,000 sf) 1 space per 1,000 sf of GFA Retail/Commercial (under 40,000 sf) 1 space per 500 sf of gross floor area (GFA) Office (under 50,000 sf) 1 space per 1,000 sf of GFA Restaurants, Bars, Cafes 1 space per 300 sf of GFA Civic, Cultural, and Institutional Libraries, Museums, Civic/Cultural Centers 1 space per 1,000 sf of GFA Manufacturing Artisan Manufacturing 1 space per 1,000 sf of GFA Light Manufacturing 1 space per 1,000 sf of GFA Vehicle Parking 22 11/25 DRAFT
(c) Where a corner lot exists, no designated parking is permitted at the intersection of two abutting streets. (d) Below grade garages must meet the minimum setback requirements of the principal building. V. Parking Design Standards. (a) Parking lots shall provide protected pedestrian walkways to building entrances and other existing paths surrounding the project site in accordance with Section 1161.10(III)(f). (b) Parking facilities shall be shared between residential, commercial, and office uses, where feasible on mixed-use lots. (c) Electric Vehicle (EV) Charging. All requirements for EV charging set forth in Chapter 1148 shall apply to the TOD Overlay District. VI. Parking Reductions for TOD Benefits. The Planning and Design Commission may approve off-street parking reductions for the following: (a) Proximity to Transit. Developments within 1/8 mile of a transit stop are eligible for up to a 30% reduction in parking space requirements. (b) Car-Share. Projects that provide dedicated car-share parking spaces are eligible for up to a 15% reduction in parking space requirements. (c) On-Street Parking Consideration. Any designated on-street parking abutting frontage of the development within 500 feet may count toward the total number of parking spaces required one-for-one. (d) Bicycle Parking. Projects that provide dedicated bicycle parking for buildings under 40,000 square feet in accordance with Table 1161.09 are eligible for up to 15% reduction in parking space requirements. VII. Monitoring and Adjustments. (a) Parking demand studies. The Planning and Design Commission reserves the right to require parking demand studies for larger developments (over 40,000 sf) to assess whether additional reductions to parking minimums are appropriate. (b) Adjustments. Pre-existing structures or historic structures may maintain existing or reduced parking ratios regardless of changes of use. Final parking ratio determination for existing structures shall be determined by the Planning and Design Commission, or designee. 23 11/25 DRAFT
(c) At the discretion of the Planning and Design Commission, a reduction in required parking spaces may be considered where shared parking agreements have been implemented by adjacent property owners. VIII. Enforcement. Developers must submit a parking plan demonstrating compliance as part of the general development plan. 24 11/25 DRAFT
1161.09 BICYCLE PARKING REGULATIONS I. Purpose. To promote sustainable transportation, community accessibility, and the uses of bicycles as a viable mode of transportation by integrating cycling infrastructure into proposed developments in accordance with Chapter 373 of the Traffic Code. II. General Provisions. (a) Applicability. The Bicycle Parking Regulations shall apply to any development with a minimum cumulative building size of 40,000 square feet developed in the TOD Overlay District. Any development under 40,000 square feet may provide bicycle parking in accordance with this Section and Chapter 373. III. Standards. (a) Number of Required Bicycle Parking Spaces. 1. Bicycle parking shall be provided in accordance with the regulations outlined in Table 1161.09(A) below: TABLE 1161.09(A): Bicycle Parking Requirements 2. When bicycle parking requirements result in a fractional bicycle parking space, fractions of ½ or more are counted as one (1) space. 3. No development shall be required to provide more than 40 spaces. 4. Required bicycle parking space requirements may be fulfilled with short-term or long-term parking. 5. A bicycle shall be parked in a designated bicycle parking area when they are provided. No person shall park a bicycle upon a sidewalk in such a manner as to unduly interfere with pedestrian traffic, or upon a roadway other than against the curb. Use Types Required Spaces Residential All Residential* 1 space per every 4 dwelling units (DUs) Commercial or Manufacturing All Commercial and Manufacturing 1 space per 2,500 sf of gross floor area (GFA) Public/Civic Facilities All Civic, Cultural, Institutional 1 space per 10,000 sf of gross floor area (GFA) Other 1 space per 10,000 square feet of gross floor area (GFA) *Development with fewer than 4 dwelling units are not required to provide bicycle parking for residential use Bike Parking 25 11/25 DRAFT
6. When a designated parking area is not provided, bicycles shall be parked in such a manner as not to interfere with building entrances nor upon a sidewalk. (b) Design of Bicycle Parking Spaces. 1. Bicycle parking shall consist of bicycle racks that support the bicycle frame at two points and allow for the bicycle frame and at least one wheel to be locked to the rack. 2. Bicycle spaces shall be no less than 2.5 feet wide by 6 feet in length, with a vertical clearance of at least 7 feet, as shown in Figure 1161.09(A). 3. If bicycles can be locked to each side of the rack, each side can be counted as a required space. Where bicycle racks are placed in a parallel series, with each rack 36” apart, bicycle spaces may overlap up to two feet, as shown in Figure 1161.09(A). 4. Bicycle parking must be well lit if accessible to the public or cyclists after dark. 5. All bicycle parking spaces must be located on a surface with a slope no greater than 3%. 6. Bicycle racks used for short-term bicycle parking must be securely attached to concrete footings and made to withstand severe weather and permanent exposure to the elements. FIGURE 1161.09(A): Bicycle Parking Design 26 11/25 DRAFT
(c) Placement of Bicycle Parking Spaces. 1. All bicycle racks must be located at least 36 inches in all directions from any obstruction, including but not limited to other bicycle racks, walls, doors, posts, columns, or exterior or interior landscaping, as shown in “A” in Figure 1161.09(A). 2. Bicycle parking spaces shall be clearly marked and sited to ensure significant visibility to the public or by building users, except in the case of long-term bicycle parking that is in secure areas only accessible to employees, staff, or residents. 3. Short-term bicycle parking shall be located either (a) within 100 feet of the main public entrance of the building or facility or (b) no farther than the nearest non-accessible motor vehicle parking space to the main public entrance, whichever is closer. If the development contains multiple buildings or facilities, the required bicycle parking shall be adequately distributed so as to maximize convenience and use. 4. Short-term bicycle parking spaces may be located either (a) on-site or (b) in the public right-of-way, provided the necessary permit is obtained 27 11/25 DRAFT
for the installation and it meets all other requirements of the law. If bicycle racks are located on public sidewalks, they must provide at least five feet of pedestrian clearance and be at least two feet from the curb. 5. Any property owner required to have bicycle parking may elect to establish a shared bicycle parking facility with any other property owner within the same block to meet the combined requirements. A copy of such agreement shall be provided to the City for its records. 6. When automobile parking spaces are provided in a structure, all required bicycle parking spaces shall be located inside that structure or in other areas protected from the weather. (d) Modification of Requirements. 1. In the event that satisfying all of the bicycle parking requirements would be infeasible due to the unique nature of the site or cause an unintended consequence that undermines the purpose of these requirements, a property owner (or designee) may submit a written request to the Planning and Design Commission, or designee for a modification of the requirements. 2. The Planning and Design Commission, or designee, may reduce the number of bicycle parking spaces required; however, in no case shall the requirement be less than two spaces. 28 11/25 DRAFT
1161.10 ACCESS, CIRCULATION, AND CONNECTIVITY REGULATIONS I. Purpose. To optimize urban functionality, ensure safe and efficient movement of people and vehicles, and foster a well-connected built environment by regulating the placement, size and connections of pedestrian and vehicle areas. II. General Provisions. (a) Applicability. These regulations shall apply to all projects developed under the regulations of the TOD Overlay District. III. Standards. (a) Driveways. 1. Number of Driveways Permitted. i. All existing and proposed developments that provide on-site parking or loading must provide satisfactory means of vehicle access to and from a street, alley, or adjacent parking lot. ii. The number of driveways shall be limited in accordance with the regulations outlined in Table 1161.10A. TABLE 1161.10(A) Number of Driveways Permitted Development Size Maximum Number of Driveways Developments of one acre or less 1 Developments of more than one acre 2 (b) Driveway Location and Spacing. 1. All surface parking lots shall be designed so that driveway access is off of a secondary street or alley, when such secondary street or alley can be accessed from the site. Driveway access to a parking lot may be achieved through inter-parcel connection to a street or alley, with approval of the Planning and Design Commission, or designee. 2. Driveways shall be a minimum of 100 feet from any intersection, as measured from the driveway center line to any intersection, as shown in “A” in Figure 1161.10(A). 3. Driveways must be located a minimum of 250 feet away from any other existing or proposed driveway along the same street frontage, provided, 29 11/25 DRAFT
however, that all developments are allowed at least one driveway, as shown in “B” in Figure 1161.10(A). 4. Distances between driveways shall be measured along the right-of-way line from the center line of the proposed driveway at the right-of-way to the center line at the right-of-way of any other proposed or existing driveway. Figure 1161.10(A) Driveway Design (c) Design of Driveways. 1. Driveway width shall be measure at the intersection of the public ROW, as shown in “C” in Figure 1161.10(A). 2. Driveways shall be designed in accordance with the regulations outlined in Table 1161.10(B) Table 1161.10(B) Driveway Design Requirements Metric Design Standard RESIDENTIAL Driveway width (maximum) 24 feet 30 11/25 DRAFT
Driveway lane width (minimum/maximum) 8 feet/12 feet ALL OTHER DEVELOPMENT, INCLUDING MIXED-USE Driveway width (maximum) 36 feet Driveway lane width (minimum/maximum) 10 feet/12 feet (d) Drive aisles. 1. The width of any one-way drive aisle shall not be less than 10 feet. 2. The width of any two-way drive aisle shall not be less than 20 feet. (e) Parking Space Design. 1. The depth of any parking stall measured perpendicularly to the parking aisle shall not be less than 17 feet. 2. The width of any parking stall measured perpendicularly to the parling aisle shall not be less than 9 feet. (f) Pedestrian Connectivity. A minimum of five feet wide sidewalk or internal pedestrian path, physically separated from traffic, shall be provided to connect all areas of the parling lot to convenient pedestrian-oriented building entrances on the site and to any existing adjacent sidewalk networks and transit stops. (g) Inter-parcel Connectivity. Wherever possible, parking lots on adjacent properties shall be designed to allow for shared driveway access and internal circulation between the parking areas so as to reduces the number of curb cuts along the street, as shown in “D” in Figure 1161.10(A). 1. The design of any new parking lot shall anticipate and not preclude future inter-parcel connections from adjoining lots, if at all possible. (h) Abutting Parking lots. On lots utilizing a cooperative parking agreement, or part of a common development, parking areas may abut or cross lot lines and shall have a cross-access easement in place, a copy of which shall be provided to the City for its records. IV. Modification of Requirements. 31 11/25 DRAFT
(a) In the event that satisfying all of the access, circulation, and connectivity requirements would be infeasible due to the unique nature of the site or cause an unintended consequence that undermines the purpose of these requirements, a property owner (or designee) may submit a written request to the Planning and Design Commission, or designee for a modification of the requirements. (b) The Planning and Design Commission, or designee may increase the number of allowed driveways by up to one, may decrease the number of required off-street loading spaces by up to two, may adjust the spacing of driveways up to 10% of the distance required, and may increase the maximum width of driveways and lanes up to 10% of the allowed width. 32 11/25 DRAFT
1161.11 OPEN SPACE, LANDSCAPING, AND SCREENING REGULATIONS I. Purpose. To enhance the aesthetic quality and environmental sustainability of new developments through enhanced greenery while protecting pedestrian spaces and sensitive uses from negative impacts. II. General Provisions. (a) Applicability. The Open Space, Landscaping, and Screening Standards shall apply to all projects developed under the regulations of the TOD Overlay District. (b) Landscaping Plan Required. A Landscaping Plan shall be submitted for the entire site. The Landscaping Plan shall demonstrate compliance with the standards of this section and any other applicable sections in this code, and shall include the following items: 1. A site plan showing the location of all existing and proposed landscaping, open space, screening, and other site features. 2. Property boundaries, building location(s), parking lot layout, service areas, mechanical equipment, pedestrian paths, adjacent rights-of way, north arrow, and scale. 3. The location, quantity, size at planting and at maturity, and name, both botanical and common names, of all proposed planting materials, including ground cover. 4. Any other information and data deemed necessary by the Planning and Design Commission. (c) Streetscaping Plan Required. A Streetscaping Plan shall be submitted for the entire site. The Streetscaping Plan shall demonstrate compliance with the standards of this section and shall include the following items: 1. A plan showing the location and relationship between vehicular and pedestrian traffic, and all existing and proposed pedestrian facilities, street and sidewalk lighting, landscaping, street furniture, lighting fixtures, trash receptacles, and transit stops. 2. Property boundaries, building location(s), parking lot layout, pedestrian paths, adjacent rights-of way, north arrow, and scale. 3. Specifications and drawings or photographs for all street furniture, trash receptacles, and transit stops. 4. The location, quantity, size at planting and at maturity, and name, both botanical and common names, of all proposed planting materials, including ground cover. 33 11/25 DRAFT
5. Any other information and data deemed necessary by the Planning and Design Commission. (d) Selection, Installation, and Maintenance of Plant Material. 1. Plant materials shall be selected that are of good quality, require minimal maintenance, are native or naturalized, and are capable of withstanding the extremes of individual site microclimates. 2. The owner of the premises shall be responsible for the maintenance, repair, and replacement of all landscaping materials. 3. All landscaping materials shall be maintained in good condition so as to present a healthy, neat, and orderly appearance. 4. All trees must be a minimum caliper of 1.5 inches at time of planting. 5. Large trees must have a minimum canopy spread at maturity of at least 30 feet. 6. Small trees must have a minimum canopy spread at maturity between 15 feet and 30 feet. 7. All shrubs must be at least two feet in height at time of planting. III. Standards. (a) Landscaping. 1. Landscaping, such as ornamental trees, flowering shrubs, and perennials, should be used to define public entrances, to soften walls and fences, and to line foundations. 2. Landscaping should be designed to promote sustainable practices of on-site water management and infiltration such as through the use of native plants, swales, and filter strips. 3. Landscaping should seek to incorporate existing natural features, especially large, existing trees, where possible. 4. Tree preservation and protection strategies, such as fencing and other structures, shall be employed to preserve existing trees during construction. 5. Where commercial developments, mixed-use developments, or residential structures of more than four units abut properties zoned for single-, two-, or three-family dwellings, required setbacks (on the property of the commercial, mixed-use, or residential structure of more than four units) shall be sufficiently landscaped to provide a year-round visual screen along those boundary lines. 34 11/25 DRAFT
6. All other requirements in this code shall be met. If a conflict arises between any other sections in this code and this section, this section shall prevail. (b) Open Space. 1. Developments on sites of 40,000 square feet or larger shall dedicate 10% of the site to open space. i. Sites located within 600 feet of an existing, publicly owned open space that provides comparable or greater recreational or open space amenities are exempt from this requirement. 2. Required open space shall be in the form of designated areas for active or passive recreation, such as parks, plazas, courtyards, landscaping, rooftop gardens, playgrounds, and pedestrian streets. i. To count toward open space requirements, rooftop gardens must be made available to all tenants of a building, at no cost, from sunrise to sunset daily or during the hours of operation of the building, whichever results in a longer period of time. 3. The required open space shall be conveniently accessible by sidewalk or internal pedestrian path to all buildings on the site. To the extent feasible, linear open space corridors shall be provided to facilitate pedestrian and bicycle connectivity. 4. Open space may incorporate a mixture of hardscapes and planting zones. 5. Areas required for screening cannot be counted toward open space requirements, and the open space shall not be used for parking, loading, or vehicular access except emergency or maintenance vehicular access. 6. Mechanical and utility equipment cannot be located within required open space areas. (c) Streetscaping. 1. Where a streetscape plan has been adopted, the arrangement and design of streetscapes should be consistent with the intent of that plan. 2. The design of streets, pedestrian ways, landscaping, lighting, and street furniture shall be coordinated and integrated throughout the site. 3. Street trees shall be planted within tree lawns along all public rights-of- way. A minimum of one large tree shall be planted for every development site, and street trees shall be planted at intervals of no 35 11/25 DRAFT
more than 30 feet on-center, on average. Where overhead utilities exist, one small tree must be planted every 20 feet on-center, on average. Tree spacing is measured as an average to account for driveways, utilities, bus boarding and alighting areas, and other potential conflicts. 4. Where a street tree is not possible or where tree lawns are less than three feet wide, a tree shall be planted in the required front yard space, if such front yard is at least 10 feet deep. 5. Streetscaping shall preserve the minimum clear walking space of a sidewalk. The pedestrian zone must be constructed to meet all local standards and ADA specifications. Transit shelters may encroach into the pedestrian zone as long as ADA requirements are met. (d) Parking Lot Landscaping and Screening. 1. Perimeter Screening. i. All surface parking lots must meet perimeter screening requirements. ii. Where a parking lot (or drive aisle or other type of area designed for motor vehicles) is located within 20 feet of a lot line, perimeter screening of Type A or Type B is required, in accordance with Table 1161.11(A) Perimeter Screening Types and Figure 1161.11(A) Perimeter Screening Types. TABLE 1161.11(A): Perimeter Screening Types (Letters correspond to FIGURE 1161.11(A)) METRIC TYPE A (NO WALL) TYPE B (WALL) Minimum Landscape Strip Depth 10’ (“A”) 7’ (“C”) Percent of Perimeter Frontage Screened 75% (“B”) 75% (“D”) Number of Trees Required (minimum per 30 feet of frontage) 1 Large or 2 Small 1 Large or 2 Small Minimum Height of Walls & Fences n/a 3.5’ (“E”) 36 11/25 DRAFT
FIGURE 1161.11(A): Perimeter Screening Types Type A (No Wall) Type B (Wall) 11/25
iii. Landscape screening along front yards and corner side yards shall consist of evergreen or dense deciduous shrubs. Landscaping in rear and interior side yards shall consist of dense evergreen landscaping. iv. Perimeter screening shall have a minimum height of three feet at maturity. The minimum height of shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than the minimum required height. v. Required perimeter screening may be located within required setbacks. vi. Transit stop amenities such as shelters, benches, and an associated concrete pad may be located within the landscape strip. 2. Interior Landscaping. i. All surface parking lots designed for 20 or more parking spaces must devote at least 5% of the interior parking area to landscaping, as shown in Figure 1161.11(B). ii. Multiple parking lots contained on a single site and any separate parking areas connected with drive aisles are considered a single parking area. iii. Interior islands should be distributed regularly throughout the parking lot. Interior islands may be consolidated or intervals may be expanded in order to preserve existing trees. iv. An interior island must be a minimum of 8 feet in width and 100 square feet in area. Each island must include at least one large tree or two small trees, as shown in Figure 1161.11(B). v. Interior islands must be protected by wheel stops or a 6-inch curb, except where necessary to direct stormwater runoff. vi. Interior islands may be installed below the level of the parking lot surface to allow for runoff capture. 37 11/25 DRAFT
Figure 1161.11(B) Interior Landscaping (e) Screening. 1. Outdoor Storage and Waste Disposal Facilities. i. Permitted outdoor storage and waste disposal facilities shall be located within the building or in the rear yard only and shall be screened at all times. ii. Outdoor storage and waste disposal facilities shall be completely screened by a combination of walls, fencing, or hedges, with a gate. Screening must be a minimum of six feet in height and at least 90% opaque. iii. Temporary storage of materials for construction on the premises may be located outdoors and does not require screening. 38 11/25 DRAFT
2. Mechanical and Electrical Equipment. i. Mechanical and electrical equipment cannot be located in a front yard or in a side yard when the side yard abuts a street (not including an alley). ii. Mechanical and electrical equipment shall be completely screened by a combination of walls, fencing, or hedges. Screening must be at least six inches higher than the topmost point of the equipment being screened and must be at least 75% opaque. IV. Modification of Requirements. (a) In the event that satisfying all of the open space, landscaping, and screening requirements would be infeasible due to the unique nature of the site or cause an unintended consequence that undermines the purpose of these requirements, a property owner (or designee) may submit a written request to the Planning and Design Commission for a modification of the requirements. (b) The Planning and Design Commission, or designee may decrease required open space to 5% of the site, may reduce the required number of trees by 10%, may reduce interior parking lot landscaping by up to 10%, and may reduce the width of landscape strips by two feet. DRAFT 39 11/25
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1 1105.20 TOD OVERLAY DEFINITIONS I. Words and terms used in Chapter 1161 TOD Overlay District: (a) Affordable housing. Residential units within a mixed-use development that are priced to be affordable to households earning below a certain income threshold, as defined by local or regional housing policies. (b) Assembly hall. An establishment providing meeting space for social gatherings, including but not limited to wedding receptions, graduations parties, and business or retirement functions. This term includes, but is not limited to, banquet hall, rental hall, or conference center. (c) Bicycle rack. A device consistent with industry standards that is capable of supporting a bicycle in a stable position, is made of durable materials, and permits the securing of the bicycle frame and at least one wheel. (d) Bicycle parking, long-term. Bicycle parking that is primarily intended for bicyclists who need bicycle parking for more than three hours and is fully protected from the weather. This term includes, but is not limited to, bicycle lockers, indoor rooms, or areas specifically designated for bicycle parking. (e) Bicycle parking, short-term. Bicycle parking primarily intended for bicyclists who need bicycle parking for three hours or less. (f) Bicycle parking space. A physical space that is a minimum of 2.5 feet in width by 6 feet in length with a vertical clearance of at least 7 feet that allows for the parking of one bicycle. (g) Build-to zone. The space between the minimum front yard setback and the maximum front yard setback. (h) Building frontage. The length of a building facade measured in a single straight parallel line with the abutting street(s) or parking lot(s). (i) Brew pub. A restaurant-brewery that sells 25% or more of its beer brewed on- site and operates significant food services. Brew pubs may also include the sale of beer to-go for off-site consumption, if permitted by law. (j) Commercial use. The use of a building or portion of a building for business purposes, including retail stores, restaurants, offices, and entertainment venues. (k) Driveway. A paved area that provides vehicular access to and from a property and the public right-of-way. (l) Drive aisle. The vehicular travel ways within a parking lot, allowing for vehicular circulation. DRAFT EXHIBIT B 11/25
2 (m) Drive-thru facility or Drive-thru structure. Any portion of a building from which business is transacted, or is capable of being transacted directly with customers located in a motor vehicle during such business transactions. The term “drive-thru facility or drive-thru structure” may be used in conjunction with office, institutional, banking, grocery store, or drug store type uses. The term “drive-thru” shall not include Car Wash, Gasoline Station, Automobile Service Station/Garage, drive-in Movie Theaters, drive-in restaurants, or drive-thru restaurants, which are defined separately. (n) Family day care home, Type A. A permanent residence of the administrator in which child day care or publicly funded child day care is provided for seven to twelve children at one time, or a permanent residence of the administrator in which child day care is provided for four to twelve children at one time if four or more children at one time are under two years of age. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises of the type-A home shall be counted. It does not include a residence in which the needs of the children are being administered to if all of the children whose needs are being administered are siblings of the same immediate family and the residence is the home of the siblings. (o) Family day care home, Type B. A permanent residence of the day care provider in which child day care is provided for 1 to 6 children at one time. No more than 3 of these children shall be under two years of age at one time. It does not include a residence in which the needs of the children are being administered to if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings. (p) Historic structure. Structures listed on the National Register of Historic Places. (q) Live-work unit. A residential unit that includes space for a small business or office, allowing residents to live and work in the same location. Live-work units are often found in mixed-use developments and can reduce the need for commuting. (r) Manufacturing, artisan. The on-site production, display, and sale of hand- fabricated or hand-manufactured parts and custom or craft consumer goods based on the skill and knowledge of the artisan and the use of hand tools or small-scale, light mechanical equipment. This can include, but is not limited to, the custom production of artisan products such as apparel, cabinetry, glass working, jewelry making, metal working, pottery, sculpture, wood working, and leather working. (s) Mixed-use development. A development project that combines two or more uses, such as residential, commercial, office, and/or civic uses, in a single building or multiple buildings within a cohesive site plan. These uses are DRAFT EXHIBIT B 11/25
3 designed to complement one another and create a walkable, vibrant environment. (t) Microbrewery, microdistillery, or microwinery. A facility in which a limited quantity of beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, and which possesses the appropriate licenses from the State of Ohio. Tasting rooms for the consumption of on-site produced beer, wine, or distilled products are permitted on the premises. (u) Multi-modal transportation. The integration of various forms of transportation, including walking, biking, public transit, and vehicular travel, to provide flexible and convenient mobility options for residents and visitors of a development. (v) Open space. Areas within a mixed-use development that are dedicated to public or communal use, such as parks, plazas, courtyards, or rooftop gardens. Open space enhances the quality of life for residents and encourages outdoor activity. (w) Pedestrian-oriented design. Design that prioritizes the comfort, safety, and accessibility of pedestrians. This includes features such as wide sidewalks, street lighting, benches, landscaping, and crosswalks that encourage walking as the primary mode of transportation within the development. (x) Public transportation hub. A central location where various modes of public transportation, such as buses, trains, and trams, converge to facilitate easy transfers and enhance connectivity for users. (y) Research facility. A building or group of buildings used for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. (z) Residential use. The use of a building or portion of a building for dwelling purposes, including single-family homes, townhouses, apartments, and condominiums. (aa) Restaurant, drive-in. A public eating and drinking establishment that, in addition to providing service inside the restaurant, also provides services to customers in parked vehicles. . (bb) Restaurant, drive-through. A public eating and drinking establishment that, in addition to providing service inside the restaurant, also provides services to customers in vehicles through a drive-up window. (cc) Retail establishment. An establishment engaged in the selling of goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such products. Such an establishment is open to the general public during regular business hours and has display areas that are designed and laid out to attract the general public. In determining a use to be a retail use, the proportion of display area vs. storage DRAFT EXHIBIT B 11/25
4 area and the proportion of the building facade devoted to display windows may be considered. Examples of businesses within this definition include hardware stores, jewelry stores, clothing stores, grocery stores, gift shops, and novelty stores. This term does not include any sexually oriented businesses, nor does it include the cultivating, processing, or dispensing of medical marijuana. (dd) Service establishment, business. An establishment providing services to business establishments on a fee or contract basis, including, but not limited to, advertising and mailing services, employment services, business equipment and furniture sales or rental, photocopy services, protective services, or similar services. (ee) Service establishment, personal. An establishment providing services that are of a recurring and personal nature to individuals residing within close proximity to the establishment, such that the establishment primarily serves those residents as a neighborhood business. This term includes, but is not limited to, a barber shop, beauty salon, shoe repair shop, seamstress, tailor, and tanning salon. This term does not include a health club, repair shop for household items, or a tattoo/body piercing parlor, or any other establishment that does not primarily serve the immediate residents of the neighboring area. (ff) Shared parking. A parking strategy that allows multiple users (e.g., residents, shoppers, commuters) to share parking facilities based on different peak demand times, reducing the total number of parking spaces required within a mixed-use development. (gg) Short-Term Rental. As defined in Chapter 704 under Business Regulations. (hh) Smoke shop. An establishment whose primary source of income is derived from tobacco, tobacco products, tobacco paraphernalia, or e-cigarettes or vape products. (ii) Townhouse development. A residential development that consists of three or more dwellings placed side-by-side and that share walls with other dwellings on one or both sides. (jj) Transit-oriented development (TOD). A type of mixed-use development that is centered around public transportation hubs, such as train stations, bus terminals, or light rail stops. TOD encourages the use of public transit by integrating residential, commercial, and recreational spaces within walking distance of transit facilities. (kk) Veterinary hospital. A facility where domestic animals are given medical or surgical treatment and the boarding of animals occurs only as an incidental use for not more than 30 days. DRAFT EXHIBIT B 11/25
20777 Lorain Road Bill Schneider Fairview Park, Ohio 44126 Mayor 440-333-2200 (City Hall) www.fairviewparkohio.gov MEMORANDUM TO: Council President King and Members of City Council ORIGINATED BY: Megan Otter, Assistant Development Director FROM: Mayor Bill Schneider RE: Resolution for adoption of the Transit-Oriented Development Overlay District for Lorain Road DATE: December 1, 2025 The Administration of the City of Fairview Park (“City”) requests passage of the following resolution in three readings with emergency enactment: A RESOLUTION TO ADOPT THE TRANSIT-ORIENTED DEVELOPMENT OVERLAY DISTRICT FOR THE CITY OF FAIRVIEW PARK PROVIDED BY THE CUYAHOGA COUNTY PLANNING COMMISSION AND DECLARING AN EMERGENCY City Council authorized the City to enter into contract with the Cuyahoga County Planning Commission (“Commission”) for the Transit-Oriented Development Overlay District (“TOD”) with Ordinance 24-73 passed on October 21, 2024. The legislation will authorize the City to adopt the TOD for Lorain Road created by the Commission. The purpose of the TOD is to guide development and redevelopment in areas where mixed uses and a diversity of housing types should be promoted as a means of promoting economic development and expanding mobility options for users of the Lorain Road corridor. The benefit of adopting the TOD for Lorain Road is the City will have a plan to develop a more pedestrian friendly and more sustainable district with established guidelines that reinforce the district’s “sense of place” and ensures an aesthetically pleasing environment. The City worked with the Commission to prepare TOD zoning language and design guidelines to be adopted and applied to Lorain Road. The Commission has recommended zoning changes for the City, which the City wishes to adopt (Exhibit A and B). cc: A. Steve Dever, Law Director Liz Westbrooks, Clerk of Council Jennifer Pae, Finance Director/HR Manager Bryan Hitch, Service Director Walter Maynard, Building Commissioner
Ordinance 26-__ | Page 1 CITY OF FAIRVIEW PARK ORDINANCE NO.: 26- ORIGINATED BY: MEGAN OTTER, COMMUNITY DEVELOPMENT PLANNER REQUESTED BY: MAYOR BILL SCHNEIDER SPONSORED BY: FINANCE & EPWPZD CHAIRS 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 WATER LINE REPLACEMENTS AND PAVEMENT RESURFACING ON WEST 223 STREET AND DECLARING AN EMERGENCY WHEREAS, City Council passed Ordinance 24-33 on June 3, 2024 authorizing the Mayor to enter into a contract with the lowest responsive and responsible bidder for the West 223 Water Line Replacement and Pavement Resurfacing Project (“Project”); and WHEREAS, the Project was approved by the City of Cleveland Division of Water ("Cleveland Water") as a "combined project", for which the Division of Water will reimburse the City for the water main portion of the Project and the City of Fairview Park ("City") will fund the resurfacing portion of the Project; and WHEREAS, the City received a bid that came in over the City Engineer’s estimated construction cost of seven hundred forty-six thousand seven hundred fifty-one dollars ($746,751.00), 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 seven hundred fifty-seven thousand four hundred ninety-two dollars ($757,492.00). 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 to accept bids for water main replacements and pavement resurfacing on West 223 Street based on the plans and specifications prepared by the City Engineer. 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 said Project, in an amount not to exceed seven hundred fifty-seven thousand four hundred ninety-two dollars ($757,492.00). which includes a contingency and is to be paid from the Water Line Reconditioning Fund (Fund 550) and the Capital Projects Fund (Fund 811). SECTION 3. That Ordinance 24-33 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 26-__ | 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 and welfare; and for the further reason that the work be started as soon as possible to ensure the construction during the prescribed time determined by the Cleveland Division of Water; 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: APPROVED: 1st reading: 2nd reading: 3rd reading: __________________________________________ Bridget King, President of Council ______________________________________ Bill Schneider, Mayor ______________________________________ Liz L. Westbrooks, Clerk of Council
20777 Lorain Road Fairview Park, OH 44126 Mayor Bill Schneider 440-333-2200 (City Hall) www.fairviewparkohio.gov MEMORANDUM TO: Council President King and Members of City Council ORIGINATED BY: Megan Otter, Assistant Development Director FROM: Mayor Bill Schneider RE: Increase for Ordinance 24-33 DATE: January 5, 2026 The Administration of the City of Fairview Park requests passage of the following legislation with one and final reading on Monday, January 5, 2026, 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 WATER LINE REPLACEMENT AND PAVEMENT RESURFACING ON WEST 223 STREET AND DECLARING AN EMERGENCY City Council passed Ordinance 24-33 on June 3, 2024 authorizing the Mayor to enter into a contract with the lowest responsive and responsible bidder for the West 223 Water Line Replacement and Pavement Resurfacing Project (“Project”). Cleveland Water will contribute three hundred twenty-five thousand one hundred one dollars and ninety-two cents ($325,101.92) to the water main replacement and the City will contribute four hundred thirty-two thousand three hundred ninety dollars and eight cents ($432,390.08) to the rehabilitation and pavement resurfacing. Funds for the project will be paid from the Water Line Reconditioning Fund (Fund 550) and the Capital Projects Fund (Fund 811). The City received a bid that came in over the City Engineer’s original estimated construction cost of seven hundred forty-six thousand seven hundred fifty-one dollars ($746,751.00), 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 seven hundred fifty-seven thousand four hundred ninety-two dollars ($757,492.00). The Ordinance needs to be passed on emergency for the City to enter into contract with the lowest and most responsive bidder and stay on schedule for construction. Cc: Liz Westbrooks, Clerk of Council Bryan Hitch, Service Director Jennifer Pae, Finance Director/HR Manager A. Steven Dever. Law Director Kim Kerber, City Engineer