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The Docket · Government Meeting · DKT-2026-002250

In the minutes: Avon Lake Minutes, Flock camera (Sep 14)

Past  ⚠ Agenda Watch  Avon Lake, Ohio · Monday, September 14, 2026 — 1 month ago

About this record

Meeting minutes published with the September 14, 2026 meeting documents record: "Flock camera", "Flock Safety". These terms appear in the minutes, not as items on that agenda. The document stays here as a permanent public record.

WhenMonday, September 14, 2026
Check the agenda document for the meeting time.
WhereAvon Lake, Ohio
BodyMinutes
On the record“Flock camera”“Flock Safety”

The agenda, word for word

Government public record — the full text of the published document, archived October 21, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

14 pages · scroll to read
Page 1 of 14

MINUTES OF THE REGULAR COUNCIL MEETING
OF THE AVON LAKE CITY COUNCIL
SEPTEMBER 14, 2026
The regular meeting of the Avon Lake City Council was called to order on September 14,
2026, at 7:56 p.m. in the Council Chamber with Council President Smith presiding.
Mr. Shahmir led Council, staff, and the public in the Pledge of Allegiance.
Present: Councilmembers Jennifer Fenderbosch, Kayla Goodwin, David Kos, Matthew
Reynolds, Rob Shahmir, and Geoff Smith; Mayor Mark Spaetzel; City Engineer Stewart
Lovece; Public Works Director Jon Liskovek (8:00 p.m.) and Clerk of Council Valerie
Rosmarin.
Absent: Law Director Gary Ebert.
APPROVAL OF MINUTES
The minutes of the special Council Meetings held on August 5, 2026, and September 3,
2026, were approved as prepared and published.
CORRESPONDENCE
The following correspondence or communication was received:
•

Clerk Rosmarin reported receiving an email from Barry Edelstein of Kopf
Builders requesting suspension of the rule requiring three readings for
Ordinance No. 26-85, approving the final plat of Avon Center Estates
Subdivision No. 5. She also reported receiving an email from Michael McGervey
of Avon Lake expressing opposition to Flock cameras and requesting the City
cancel the current contract with Flock Group, Inc.

PUBLIC HEARING
The public hearing opened at 7:59 p.m. on the Planning and Zoning Code Text
Amendments.
Community Development Director Ted Esborn presented the following seven Planning
Commission-recommended changes to the Planning and Zoning Code:
1. Landscape Plans for Major Subdivisions: Require landscape plans to be included
with improvement plans for major subdivisions, rather than only with the
preliminary plat or general development plan, to provide greater accountability
for the placement of landscaping and related features.

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September 14, 2026, Council Meeting

2. Site Plan Approval: Clarify when site plan approval is required by establishing
that an increase in dwelling units, a change in site circulation, or an increase in
required parking requires Planning Commission site plan review.
3. Variances and Existing Laws: Clarify that a variance may not be granted when
the requested relief would result in a violation of another provision of the Code
of Ordinances. This would prevent the Zoning Board of Appeals from considering
variance requests that conflict with other applicable laws.
4. Accessory Structure Setbacks: Establish standardized side and rear setbacks for
accessory structures in non-residential districts to provide greater consistency
in reviewing proposed structures.
5. Roof-Mounted Solar: Clarify that roof-mounted solar equipment is included in
determining maximum building height to ensure that solar installations do not
cause a structure to exceed the applicable height limit.
6. Fence Setbacks: Require fences to be set back a minimum of two feet from the
back of the sidewalk or right-of-way to improve pedestrian visibility, mobility,
and safety.
7. Driveway Setbacks from Intersections: Establish a minimum 20-foot setback
between residential driveways and intersections to improve visibility and
reduce potential conflicts between vehicles entering or exiting driveways and
vehicles traveling through intersections.
Council President Smith commented on the proposed variance amendment. He said a
variance means that the Code of Ordinances would not apply to a particular property
and expressed concern about the proposed language. Because a variance provides
relief from an applicable requirement, he believed the proposed amendment could
prevent certain matters from being presented to the Zoning Board of Appeals.
Community Development Director Esborn explained that the amendment is intended
to prevent confusing variance cases from going before the Zoning Board of Appeals.
Mrs. Fenderbosch agreed with Council President Smith and suggested the amendment
also clarify that federal and state laws, as well as homeowners’ association
requirements, may apply. She recommended rewriting the language to address these
issues rather than rejecting the amendment entirely.
Community Development Director Esborn suggested that, if Council is not inclined to
approve the amendment as proposed, his staff could revisit and rework the language
during the next review cycle.

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September 14, 2026, Council Meeting

PUBLIC INPUT ON PUBLIC HEARING
Gerald Phillips, Avon Lake, voiced his support for the landscaping requirement and
Section 1214.06(B)(4), noting both would address past issues and clarify ambiguities.
Regarding the variance amendment, he suggested clarifying that the provisions apply
to other sections of the Code of Ordinances, not just the Planning and Zoning Code.
Robert Baker, Avon Lake, agreed that the variance language should be reviewed
before proceeding. He also supported the landscape plan requirement, noting that
past issues with undocumented discussions and landscaping requirements have had
ongoing impacts on development near his property. He encouraged detailed
documentation and enforcement of the requirement.
The public hearing closed at 8:11 p.m.
PUBLIC INPUT
1. Gerald Phillips, Avon Lake, stated that he initially did not vote for Mr. Shahmir
because he did not know him, but now considers that decision a mistake. He
praised Mr. Shahmir’s knowledge, expertise, analytical abilities, and
commitment to the community, stating that his departure would be a significant
loss to Council. Mr. Phillips said he understood Mr. Shahmir’s decision to serve
on the School Board, noting his support for the schools and belief that the
School Board would benefit from his knowledge and fiscal responsibility.
Mr. Phillips then criticized the Administration for withholding information from
Council and for what he characterized as attacks against Mr. Shahmir and others
regarding the brownfield project and citizen petitions. He defended citizens’
rights to petition and vote, saying that he has advocated for those rights for
approximately 40 years.
Mr. Phillips further criticized the City’s legal counsel and asserting that the Law
Director should be an elected position rather than appointed.
2. Alex Wicker, Avon Lake, voiced his concerns regarding the City’s use of Flock
cameras, including privacy, data ownership, data sharing, and the use of
artificial intelligence. He stated that Flock retains access to data collected by its
cameras and questioned whether restrictions placed on the Police Department
would prevent Flock from sharing information with other entities.
Mr. Wicker said Flock cameras collect more than license plate information,
including vehicle type, make, color, plate state, and other characteristics, and
he questioned how artificial intelligence is used to analyze and identify
vehicles. He said that the system monitors all vehicles, regardless of criminal
history, and characterized the technology as an invasion of privacy and
extensive surveillance. Mr. Wicker urged Council to address these concerns at
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September 14, 2026, Council Meeting

the upcoming Public Safety and Health Committee meeting and ultimately
cancel the City’s Flock contracts.
3. William Zimmerman, Avon Lake, agreed with previous comments regarding
Flock cameras and stated that he believes the cameras are an invasion of
privacy. He questioned the system’s cost and effectiveness and suggested that
discontinuing the Flock contracts would save the City money.
Mr. Zimmerman also voiced his concerns regarding the Administration’s handling
of the former power plant project and stated that the exclusion of Mr. Shahmir
from a public panel discussion 1 was appalling. He questioned the reasons for the
exclusion and expressed concerns about transparency, leadership, employee
turnover, and the City’s financial condition. He also criticized how the
Administration handled recent legal matters and stated that residents should
have the opportunity to vote on the former power plant issue.
MAYOR’S REPORT
Mayor Spaetzel reported on the following:
1. City Events:
 Big Trucks on Saturday, September 19, 2026, from 10:00 a.m. to 2:00 p.m.
at the Safety Center.
 Avon Lake Boat Club is hosting a food drive for Community Resource
Services (CRS) on Saturday, September 19, 2026, at the City Pool.
 Town Hall Meeting on Wednesday, September 30, 2026, at 7:00 p.m. at the
Avon Lake Public Library regarding Issue 16.
 Homecoming Parade on Saturday, October 3, 2026, at 10:30 a.m.
 Fall Fest on Saturday, October 3, 2026, from 11:00 a.m. to 1:00 p.m. at
Bleser Park.
 Trick or Treat on Saturday, October 31, 2026, from 6:00 p.m. to 7:30 p.m.
2. The Heider Creek culvert replacement at Electric Boulevard is continuing. The
culvert and the headwall have been installed. The tentative reopening is midOctober.
3. Mayor Spaetzel responded to Mr. Zimmerman’s allegations regarding Mr. Shahmir
being denied a seat as a panelist at the Lorain County League of Women Voters
event, stating they were false.
Mayor Spaetzel also stated that Mr. Phillips and Mr. Zimmerman have exercised
their First Amendment rights during Council Meetings for many years and that he
generally does not respond to their comments. However, he stated that he felt
1

The League of Women Voters of Lorain County organized and presented a public forum on April 22,
2026, at Avon Lake Public Library. Members of the Administration and Mrs. Goodwin were invited to
participate on the panel.

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September 14, 2026, Council Meeting

compelled to respond to what he characterized as repeated false statements
and concluded that the comments had become overwhelming and appalling.
Mr. Kos addressed the comments regarding the proposed power plant Charter
amendment and Councilmembers’ positions on residents voting on the
amendment. He said that during the August 31, 2026, Council Meeting, he
expressed respect for residents’ right to petition their government and seek a
referendum, but objected to the amendment as poorly written and misleading.
Mr. Kos also said the proposed Charter amendment addresses both zoning and tax
increment financing (TIF) and could result in multiple public votes, particularly if
different developers or parcels are involved. He expressed concern that the
amendment could create barriers to responsible development and said that
separating the zoning and TIF provisions may have resulted in a different
discussion. He encouraged residents to review his comments from the August 31,
2026, Council Meeting for additional context.
COUNCIL PRESIDENT’S REPORT
Council President Smith reported on the following:
1. Council received Mr. Shahmir’s resignation as Ward 1 Council Representative.
The effective date of his resignation has been changed to September 15, 2026,
when he will take the Oath of Office at the School Board meeting.
2. Council has 30 days from the resignation date to fill the vacancy. Interviews
will be conducted, and letters of interest and resumes must be received by
September 25, 2026.

Mr. Shahmir stated that he will address outstanding resident issues and
emails and will hold his final Ward 1 Meeting on Tuesday, September 15,
2026, to close out any remaining issues and direct residents to the
appropriate City contacts. He noted that the meeting will not be conducted
in his capacity as a Councilmember.

CITY ENGINEER’S REPORT
City Engineer Lovece reported on the following:
1. Electric Boulevard Bridge Replacement Project
Substantial retaining walls, approximately 16 feet high and 18 inches thick,
have been completed as part of the $1.3 million project. There have been
challenges with the deep excavation, rapidly rising creek, and energized power
lines.

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September 14, 2026, Council Meeting

2. Walker Road Paving Project, Phase 6
Three inches of pavement have been removed and areas of poor subgrade
identified, particularly along the roadway edges where water infiltration has
caused pavement failure. A meeting with the contractor is scheduled to discuss
the continuation of paving.
PUBLIC WORKS DIRECTOR’S REPORT
Public Works Director Liskovec reported on the following:
•

Community Shred Day
Saturday, September 26, 2026, at the City Pool from 9:00 a.m. until 12:00 p.m.
or until the trucks fill up. Shred Day is sponsored by Lorain County Solid Waste
District.

Council President Smith noted that Lorain County residents can also bring recyclables
to the Lorain County Collection Center on Abbe Road in Elyria.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Mr. Shahmir reported on the Economic Development Committee as follows:
1. Community Development Director Esborn stated that the Community
Improvement Corporation (CIC) met on September 9, 2026. The agenda
included discussion of the Charter amendments, Community Reinvestment Area
(CRA) Tax Abatement Program, Economic Recovery and Resiliency Program,
and allocating the Jobs Growth Incentive Program to the Economic
Development Fund.
2. The next Committee meeting is Monday, September 21, 2026, at 6:00 p.m. in
the Council Chamber.
ENVIRONMENTAL COMMITTEE REPORT
Mrs. Goodwin reported on the Environmental Committee as follows:
1. The next Committee meeting is Monday, September 19, 2026, during the
Collective Committee Meeting in the Council Chamber.
2. Suspension of the rule requiring three readings on an emergency basis will be
requested for Ordinance No. 26-67, ratifying the Cooperative Service Agreement
related to the Deer Management Plan.
FINANCE COMMITTEE REPORT
Council President Smith reported on the Finance Committee as follows:
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September 14, 2026, Council Meeting

•

Suspension of the rule requiring three readings on an emergency basis will be
requested for Ordinance No. 26-86, authorizing appropriations; and Ordinance
No. 26-89, providing legal fees to McDonald Hopkins, LLC.

HUMAN RESOURCES COMMITTEE REPORT
Mr. Reynolds reported on the Human Resources Committee as follows:
1. The next Committee meeting is Monday, September 19, 2026, during the
Collective Committee Meeting in the Council Chamber.
2. Mayor Spaetzel stated that second interviews of Finance Director candidates
are ongoing.
PUBLIC SAFETY AND HEALTH COMMITTEE REPORT
Mr. Kos reported on the Public Safety and Health Committee as follows:
• The next Committee meeting is Wednesday, September 16, 2026, at 6:00 p.m.
in the Council Chamber. The Flock Safety Camera contracts will be discussed
with a presentation by Police Chief Caleb Robinson.
PUBLIC SERVICE COMMITTEE REPORT
Mrs. Fenderbosch reported on the Public Service Committee as follows:
1. The next Committee meeting is Wednesday, October 7, 2026, at 5:30 p.m. in
the Council Chamber.
2. Suspension of the rule requiring three readings on an emergency basis will be
requested for Ordinance No. 26-84, awarding a contract for the 2026 PavementMarking Program.
PLANNING COMMISSION REPORT
Mr. Reynolds reported on Planning Commission as follows:
1. Earlier this evening a public hearing regarding amendments to the Planning and
Zoning Code was held.
2. Suspension of the rule requiring three readings on an emergency basis will be
requested for Ordinance No. 26-85, approving the final plat for Avon Center
Estates Subdivision No. 5.

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September 14, 2026, Council Meeting

ZONING BOARD OF APPEALS REPORT
Mayor Spaetzel reported on the Zoning Board of Appeals as follows:
•

The next Board meeting is Wednesday, September 23, 2026, at 7:00 p.m. in the
Council Chamber.

PARKS AND RECREATION COMMISSION REPORT
Mrs. Goodwin reported on the Parks and Recreation Commission as follows:
1. The next Commission meeting is Wednesday, September 23, 2026, at 5:30 p.m.
in the First Floor Conference Room.
2. In response to Council President Smith, Mayor Spaetzel provided an update on
the proposed Memorandum of Understanding (MOU) with The Anchor Holdings
Group, LLC (The Group). After consideration, the City will not enter into an
MOU due to the City’s financial constraints. However, the City will consider
terminating The Anchor’s lease to allow The Group to begin programming and
renovations at The Anchor sooner.
TREE COMMISSION REPORT
Mrs. Fenderbosch reported on the Tree Commission as follows:
1. The next Commission meeting is Wednesday, October 14, 2026, at 6:00 p.m. at
the Old Firehouse and Community Center.
2. An Arbor Day celebration and tree planting, followed by Mayor Spaetzel’s
presentation of an Arbor Day Proclamation, will be held during the Fall Festival
on Saturday, October 3, 2026, at Bleser Park.
ENVIRONMENTAL ADVISORY BOARD REPORT
Mrs. Goodwin reported on the Environmental Advisory Board as follows:
•

The Board and its guest, Rust Belt Riders, will attend Big Trucks on Saturday,
September 19, 2026, at the Safety Center.

LAKEFRONT FUTURING AND INVESTMENT AD HOC COMMITTEE REPORT
Mrs. Goodwin reported on the Lakefront Futuring and Investment Ad Hoc Committee
as follows:
1. The Committee met on September 8, 2026.
 Resident applicants were invited to attend this meeting as a good-faith effort
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September 14, 2026, Council Meeting

to involve them in the process, as the selection process has been delayed
due to vacancies on Council and in the Finance Director position. An activity
regarding the lakefront occurred, and details will be included in the
meeting minutes. The School Board and School Superintendent have been
invited to participate in a future meeting.
2. The next Committee meeting is Tuesday, October 13, 2026, at 6:00 p.m. in the
Council Chamber.
WALKER ROAD PARK AD HOC COMMITTEE REPORT
Mr. Shahmir reported that the Walker Road Park Ad Hoc Committee meets yearly and
should meet sometime in November to close out any open issues from last year.
MOTION
Council President Smith moved to accept the resignation of Rob Shahmir as Avon Lake
City Council Ward 1 Representative effective September 15, 2026, upon his Oath of
Office at the Avon Lake School Board at approximately 6:00 p.m.

Councilmembers thanked Mr. Shahmir for his service to the City and Ward 1
and recognized his contributions to Council, including his perspectives on
environmental issues, economic development, and community matters.
Members wished him success in his new role on the Avon Lake School Board.

Mr. Shahmir thanked Council and reflected on his service to Ward 1, including
his efforts to engage residents through monthly ward meetings and weekly
office hours. He explained that, after careful consideration, he decided to
accept the opportunity to serve on the School Board because he believes he
can be most useful to the community in that role. He discussed the importance
of the relationship between the City and the School District, particularly
regarding economic development and the strength of the community. He
thanked Ward 1 residents, Councilmembers, and City staff with whom he had
worked and stated that his commitment to Avon Lake remains unchanged.

Yes: Fenderbosch, Goodwin, Kos, Reynolds, Shahmir, Smith
No: None
Motion passed.
LEGISLATION
Second Readings:
Ordinance No. 26-78, AN ORDINANCE APPROVING THE IMPROVEMENT PLAN FOR
MATTHEW HOLLOW’S SUBDIVISION AND DECLARING AN EMERGENCY, was read by title
only.
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September 14, 2026, Council Meeting

This legislation will approve the improvement plan for Matthew Hollow’s Subdivision,
consisting of a 13-lot single-family residential subdivision on approximately 9.35 acres
located northeast of the intersection of Lear Road and Krebs Road, within the R-1A
Single-Family Residence District, as approved by the Planning Commission on August 4,
2026.
Ordinance No. 26-83, AN ORDINANCE SUBMITTING TO THE ELECTORATE THE
QUESTION OF WHETHER THE PROPOSED AMENDMENT TO CHAPTER XIII OF THE
CHARTER OF THE CITY OF AVON LAKE, OHIO, TO ADD SECTION 69(C) SHALL BE
ADOPTED AND THE CITY CHARTER AMENDED AND DECLARING AN EMERGENCY, was
read by title only.
This legislation will submit the proposed Charter amendment regarding the income
tax credit to the electorate pursuant to a petition initiative filed with the Clerk of
Council. Council held a Special Council Meeting on September 3, 2026, for the first
reading, at which time a motion to suspend the rule requiring three readings failed.
Mr. Kos reported that, before tonight’s meeting, he spoke with Attorney Kevin Butler,
who advised that his firm is still reviewing the petitions for sufficiency. If the petitions
are found sufficient, the attorneys will recommend a special election.
First Readings:
Ordinance No. 26-84, AN ORDINANCE AWARDING A CONTRACT FOR THE 2026
PAVEMENT-MARKING PROGRAM TO AERO-MARK COMPANY, LLC, AND DECLARING AN
EMERGENCY, was read by title only.
Mrs. Fenderbosch moved for suspension of the rule requiring three readings.
Yes: Fenderbosch, Goodwin, Kos, Reynolds, Shahmir, Smith
No: None
Motion passed.
Mrs. Fenderbosch moved for passage of Ordinance No. 26-84. This legislation will
award a contract for the 2026 Pavement-Marking Program to Aero-Mark Company,
LLC, of Aurora, Ohio, in the amount of $133,309.70.
Yes: Fenderbosch, Goodwin, Kos, Reynolds, Shahmir, Smith
No: None
Motion passed.
Ordinance No. 26-84 adopted.
Ordinance No. 26-85, AN ORDINANCE APPROVING THE FINAL PLAT FOR AVON CENTER
ESTATES SUBDIVISION NO. 5 AND DECLARING AN EMERGENCY, was read by title only.
Mr. Reynolds moved for suspension of the rule requiring three readings.
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September 14, 2026, Council Meeting

Yes: Fenderbosch, Goodwin, Kos, Reynolds, Shahmir, Smith
No: None
Motion passed.
Mr. Reynolds moved for passage of Ordinance No. 26-85. This legislation will approve
the final plat for Avon Center Estates Subdivision No. 5 consisting of 48 residential
sublots and three blocks on approximately 24.366 acres, including 3.56 acres of public
street rights-of-way, located south of Belmont Drive, east of Avon Belden Road (SR
83), west of Legacy Pointe Development, and north of the Norfolk Southern Railroad
Corridor, submitted to and approved by Planning Commission on September 11, 2026.
Yes: Fenderbosch, Goodwin, Kos, Reynolds, Shahmir, Smith
No: None
Motion passed.
Ordinance No. 26-85 adopted.
Ordinance No. 26-86, AN ORDINANCE AMENDING ORDINANCE NO. 25-193,
APPROPRIATIONS FOR FISCAL YEAR 2026, AND DECLARING EMERGENCY, was read by
title only.
Council President Smith moved for suspension of the rule requiring three readings.
Yes: Fenderbosch, Goodwin, Kos, Reynolds, Shahmir, Smith
No: None
Motion passed.
Council President Smith moved for passage of Ordinance No. 26-86. This legislation
will amend Ordinance No. 25-193 and provide $1,533,516.36 in budget adjustments,
including utility (gas and electric) charges for various departments totaling $118,635;
Walker Road Project, Phase 6, totaling $228,831.17; a $592,980.70 transfer to the
Walker Road Assessment Fund; a $413,559.05 transfer to the Lear Road Sewer Fund;
Avon Lake Regional Water repairs totaling $150,000; a Public Works retirement payout
of $38,537.14; Fire communications of $1,827; a Pilgrim Harp donation transfer of
$10,407.10; special bond assessment transfers of $2,830.26 and $17,033.94; an
$11,875 increase for fireworks; $4,500 for the Electric Bridge replacement; and a
$57,500 credit for the LEPF grant originally budgeted.
Yes: Fenderbosch, Goodwin, Kos, Reynolds, Shahmir, Smith
No: None
Motion passed.
Ordinance No. 26-86 adopted.
Ordinance No. 26-87, AN ORDINANCE RATIFYING THE COOPERATIVE SERVICE
AGREEMENT BETWEEN THE CITY OF AVON LAKE AND THE UNITED STATES DEPARTMENT
OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE, RELATED TO THE
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September 14, 2026, Council Meeting

DEER MANAGEMENT PLAN, AND DECLARING AN EMERGENCY, was read by title only.
Mrs. Goodwin moved for suspension of the rule requiring three readings.
Yes: Fenderbosch, Goodwin, Kos, Reynolds, Shahmir, Smith
No: None
Motion passed.
Mrs. Goodwin moved for passage of Ordinance No. 26-87. This legislation will ratify
the Cooperative Service Agreement between the City and the U.S. Department of
Agriculture regarding the 2026-2027 Deer Management Plan at a cost not to exceed
$35,204.84.
Yes: Fenderbosch, Goodwin, Kos, Reynolds, Shahmir, Smith
No: None
Motion passed.
Ordinance No. 26-87 adopted.
Ordinance No. 26-88, AN ORDINANCE PROVIDING FOR LEGAL REPRESENTATION OF
THE CITY OF AVON LAKE AND SPECIFIED OFFICIALS OF THE CITY IN ACTIONS FILED BY
THE STATE OF OHIO, EX REL. WILLIAM ZIMMERMAN, ET AL., CASE NO. 2024-1711;
STATE OF OHIO, EX REL. WILLIAM ZIMMERMAN, ET AL., CASE NO. 24-CV-214755; AND
GERALD W. PHILLIPS, ET AL., CASE NO. 25-PC-00002, AND DECLARING AN EMERGENCY,
was read by title only.
Council President Smith moved for suspension of the rule requiring three readings.
Yes: Fenderbosch, Goodwin, Kos, Reynolds, Shahmir, Smith
No: None
Motion passed.
Council President Smith moved for passage of Ordinance No. 26-88. This legislation
authorizes payment to Seeley, Savage, Ebert & Gourash, Co., LPA for legal services
regarding three separate lawsuits filed by Gerald Phillips and William Zimmerman in
the amount of $40,000.
Mr. Kos stated that, although it is not customary to respond to public comments, this
legislation involves public funds and pending litigation, and the public has a right to
understand how those funds are being spent. He said that a previous comment
regarding the City’s litigation costs and outcomes was inaccurate. He referenced
information provided by then-Finance Director Beth Krosse on July 15, 2026,
indicating that the City had paid $118,150.31 for the Phillips and Zimmerman lawsuit
cases from 2024 through 2026, including a $25,000 deductible paid to Travelers,
which had increased by $15,000 due to the frequency of the lawsuits. He clarified
that the referenced losses were financial, not legal losses.

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September 14, 2026, Council Meeting

Mr. Kos further stated that, except for the mandamus case, the other cases had
resulted in losses for Mr. Phillips and Mr. Zimmerman, noting that an appeal of the
case seeking the Mayor’s removal indicated that the underlying decision was not a
victory for the plaintiffs. He expressed concern that the lawsuit sought to remove the
Mayor through an antiquated law rather than through the electoral process, which he
characterized as an attempt to disenfranchise Avon Lake voters. He said that this was
particularly concerning given earlier comments regarding residents’ right to vote on
Charter amendments.
Council President Smith clarified that no money had been awarded to Mr. Phillips or
Mr. Zimmerman. He stated that the plaintiffs’ success in one matter required the City
to create and provide Brownfield Committee minutes Ohio Supreme Court, and denied
their request for attorney’s fees. He noted that the City’s expenditures to date have
consisted of insurance deductibles and legal fees.
Yes: Fenderbosch, Goodwin, Kos, Reynolds, Shahmir, Smith
No: None
Motion passed.
Ordinance No. 26-88 adopted.
Ordinance No. 26-89, AN ORDINANCE PROVIDING LEGAL FEES TO MCDONALD
HOPKINS, LLC, FOR LEGAL SERVICES AND DECLARING AN EMERGENCY, was read by title
only.
Council President Smith moved for suspension of the rule requiring three readings.
Yes: Fenderbosch, Goodwin, Kos, Reynolds, Shahmir, Smith
No: None
Motion passed.
Council President Smith moved for passage of Ordinance No. 26-89. This legislation
authorizes payment to McDonald Hopkins, LLC, for legal services regarding the
Charter amendment to make the law director an elected position.
Yes: Fenderbosch, Goodwin, Kos, Reynolds, Shahmir, Smith
No: None
Motion passed.
Ordinance No. 26-89 adopted.
MISCELLANEOUS BUSINESS AND ANNOUNCEMENTS
1. Mrs. Fenderbosch announced that the Avon-on-the-Lake Garden Club is hosting a
Horticultural Show on Saturday, September 19, 2026, and Sunday, September 20,
2026, from 1:00 p.m. to 5:00 p.m. at the Avon Lake Public Library.
2. Mrs. Goodwin announced that her “At the Table” meetings will be held on
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September 14, 2026, Council Meeting

Thursday, September 17, 2026, at 9:30 a.m. and again at 6:30 p.m. in the First
Floor Conference Room at City Hall.
3. Mrs. Fenderbosch announced that the Avon Lake Women’s Club is hosting an
immersive Avon Lake experience on Thursday, September 17, 2026, from 5:00
p.m. to 9:00 p.m. at The Lakehouse.
4. Mr. Kos announced that tickets for the 13th Annual Boo by the Woods will go on
sale Wednesday, September 16, 2026, at 9:00 a.m. through the Avon Lake
Parks and Recreation website.
Mr. Shahmir moved for adjournment.
Yes: Fenderbosch, Goodwin, Kos, Reynolds, Shahmir, Smith,
No: None
Motion passed.
Adjournment: 9:39 p.m.

Approved:

Council President

Attest:

Clerk of Council

14

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