In the minutes: Brunswick City Council Meeting, Flock Safety (Nov 9)

BRUNSWICK CITY COUNCIL AGENDA
Nate
Witsaman
Ward 3

Kristy
Piper
At-Large

Tim
Smith
At-Large

Dennis
Nevar
Law Director

Carl S.
DeForest
City Manager

Ron
Falconi
Mayor

Laura
Timura
Clerk of Council

Nicholas
Hanek
Ward 2

Michael
Abella Jr.
Ward 1

Joseph
Delsanter
At-Large

Keith
Kuczma
Ward 4

NOVEMBER 9, 2026
1.

Prayer and Pledge of Allegiance

2.

Roll Call of Members

3.

Correspondence

4.

Approval of Regular Council Meeting Minutes
(a) Regular Council Meeting Minutes dated October 26, 2026

5.

Mayor’s Report:
(a) Mayor's Court Financial Report for the month ending October 2026 will be
posted on the website and added to the minutes for the record.
(b) Oath of Office Fire Medic Elian Zayed
(c) Oath of Office Patrol Officer Kylie VanVechten
(d) Proclamation honoring St. Ambrose 7th/8th Grade Football Team for their defeat
against St. Hilary
(e) Proclamation in recognition of Hospice and Palliative Care Month
(f) Proclamation recognizing Bailey Hagan and Caeli Melland's courageous, lifesaving actions
(g) Mayor's recommendation to appoint John Daniel to the Income Tax Board of
Review
(h) Mayor's Update

6.

Clerk of Council’s Report

7.

Council Committee Reports:
Economic Development Committee.....................................................Mr. Witsaman
Services, Utilities, Technology & Cable Committee................................Mr. Smith
Services, Utilities, Technology & Cable Committee Minutes dated October 26,
2026
Finance Committee................................................................................Mr. Hanek

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AGENDA

NOVEMBER 9, 2026

PAGE 2

Safety & Environment Committee.......................................................Mr. Kuczma
Safety & Environment Committee Minutes dated October 26, 2026
Planning & Zoning Committee..............................................................Mr. Delsanter
Parks, Recreation & Community Committee..........................................Mrs. Piper
Building & Building Code Committee...................................................Mr. Abella
8.

Other Committees, Boards and Commissions
(a) Committee-of-the-Whole Minutes dated October 26, 2026

9.

Petitions from the Public on Legislation

10.

Reading of Legislation and Action on Legislation:
a. 3rd Reading(s)
b. 2nd Reading(s)
ORD. NO. 57-2026 - An ordinance amending Section 858.05 of the City of Brunswick
Codified Ordinances to provide a penalty for video service provider fee payments not
timely received. - 2nd Reading (Services Utilities, Technology & Cable Committee,
Administration/Tom Keppler)
c. 1st Reading(s)
RES. NO. 59-2026 - An emergency resolution authorizing the City Manager to
purchase a Malibu Restroom and Concession Building from CXT Incorporated for
Behner Park in an amount not to exceed $397,150.60. - 1st Reading (To be brought
from Parks, Recreation & Community Committee, Administration/Taylor Petkovsek)
ORD. NO. 55-2026 - An emergency ordinance authorizing the City Manager to enter
into an agreement with the Brunswick City School District to compensate the
Brunswick City School District for tax revenue lost as a result of exemptions to taxation
on certain real properties for the fiscal years 2028, 2029 and 2030. - 1st Reading (To be
brought from Finance Committee, Administration/Todd Fischer)

11.

City Manager's Report

12.

Open Forum

13.

Unfinished Business

14.

New Business
(a) Liquor transfer request from RAAM LLC at 1739 Pearl Road, Brunswick, Ohio
44212, to Fatbob Pizza LLC, at 1739 Pearl Road, Brunswick, Ohio 44212

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AGENDA
15.

NOVEMBER 9, 2026
Adjournment

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PAGE 3

CITY OF BRUNSWICK, OHIO
MINUTES OF COUNCIL
Monday, October 26, 2026

Prayer and Pledge of Allegiance The regular meeting of Brunswick City Council was called to order by Mayor
Ron Falconi at 7:00 p.m. at the Municipal Complex.
Roll Call of Members showed the following Council Members present: Nicholas Hanek, Nate Witsaman,
Michael Abella Jr., Keith Kuczma, Joseph Delsanter, Tim Smith, Kristy Piper.
Others Present: Mayor Ron Falconi, Acting City Manager/Safety Director Chief Robert Safran, Law Director
Dennis Nevar, Clerk of Council Laura Timura.
Correspondence There was none.
Approval of Regular Council Meeting Minutes
Regular Council Meeting Minutes dated October 5, 2026:
Nicholas Hanek moved to approve the Regular Council Meeting Minutes dated October 5, 2026, as written,
seconded by Joseph Delsanter. Roll Call - Ayes - 7, Nicholas Hanek, Joseph Delsanter, Michael Abella Jr.,
Keith Kuczma, Tim Smith, Kristy Piper, Nate Witsaman. Nays - 0. Motion Carried.
Mayor’s Report:
Proclamation recognizing Allison O'Connell for her heroic actions:
Mayor Falconi presented Crestview Elementary School paraprofessional, Alliso O'Connell with a
proclamation for using her CPR training to calmly administer the Heimlich maneuver to save a student's
life. Ms. O'Connell acknowledged that she had been certified since 2012 and noted the importance of CPR
training.
Proclamation recognizing CRPS/RSD Awareness Month:
Mayor Falconi presented a proclamation recognizing CRPS/RSD Awareness Month to Victoria Coffey. Ms.
Coffey addressed Council and shared her personal experience living with Complex Regional Pain Syndrome
(CRPS), explaining the challenges associated with the disease and the importance of raising awareness. She
discussed the effects of the condition, the importance of early diagnosis and treatment, and the ongoing
efforts to support individuals and families affected by the disease. She also noted that awareness initiatives
extend nationally and include lighting landmarks in orange to bring attention to the condition. Mary thanked
the Mayor for his continued support and for recognizing CRPS/RSD Awareness Month.
Proclamation proclaiming VFW Buddy Poppy Days, November 6–7, 2026:
Mayor Falconi then presented a proclamation designating November 6 and 7, 2026, as Buddy Poppy Days in
the City of Brunswick. The proclamation recognized the Veterans of Foreign Wars (VFW) and its efforts to
honor veterans and support disabled and needy veterans, as well as the widows and orphans of deceased
veterans. The VFW representative thanked Council and encouraged residents to support the upcoming
Buddy Poppy drive by making a donation or stopping to show their appreciation.

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Brunswick City Council

Monday, October 26, 2026

Proclamation proclaiming October 23-31, 2026 Red Ribbon Week:
Mayor Falconi next presented a proclamation recognizing October 23–31, 2026, as Red Ribbon Week in the
City of Brunswick. The proclamation recognized the Greater Cleveland Young Marines for promoting
leadership, responsible citizenship, and drug-prevention education. Representatives of the Young Marines
thanked Council for the proclamation and explained that Red Ribbon Week honors Enrique “Kiki” Camarena
and encourages young people throughout the United States to remain drug-free.
Clerk of Council’s Report Mrs. Timura had no report this evening.
Council Committee Reports:
Economic Development Committee.....................................................Mr. Witsaman:
Economic Development Committee Minutes dated October 5, 2026:
Nate Witsaman moved to approve the Economic Development Committee Minutes dated October 5, 2026,
as written, seconded by Nicholas Hanek. Roll Call - Ayes - 7, Nicholas Hanek, Joseph Delsanter, Michael
Abella Jr., Keith Kuczma, Tim Smith, Kristy Piper, Nate Witsaman. Nays - 0. Motion Carried.
Services, Utilities, Technology & Cable Committee................................Mr. Smith:
Mr. Smith had no formal reports this evening.
Finance Committee................................................................................Mr. Hanek:
Finance Committee Minutes dated October 5, 2026:
Nicholas Hanek moved to approve the Finance Committee Minutesd dated October 5, 2026, as written,
seconded by Keith Kuczma. Roll Call - Ayes - 7, Nicholas Hanek, Joseph Delsanter, Michael Abella Jr., Keith
Kuczma, Tim Smith, Kristy Piper, Nate Witsaman. Nays - 0. Motion Carried.
Safety & Environment Committee.......................................................Mr. Kuczma:
Mr. Kuczma had no formal reports this evening.
Planning & Zoning Committee..............................................................Mr. Delsanter:
Mr. Delsanter had no formal reports this evening.
Parks, Recreation & Community Committee..........................................Mrs. Piper:
Mrs. Piper had no formal reports this evening.
Building & Building Code Committee...................................................Mr. Abella:
Building & Building Code Committee Minutes dated October 5, 2026:
Michael Abella Jr. moved to approve the Building & Building Code Committee Minutes dated October 5,
2026, as written, seconded by Nicholas Hanek. Roll Call - Ayes - 7, Nicholas Hanek, Joseph Delsanter,
Michael Abella Jr., Keith Kuczma, Tim Smith, Kristy Piper, Nate Witsaman. Nays - 0. Motion Carried.

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Brunswick City Council

Monday, October 26, 2026

Other Committees, Boards and Commissions
Committee-of-the-Whole Minutes dated October 5, 2026:
Nicholas Hanek moved to approve the Committee-of-the-Whole Minutes dated October 5, 2026, as written,
seconded by Joseph Delsanter. Roll Call - Ayes - 7, Nicholas Hanek, Joseph Delsanter, Michael Abella Jr.,
Keith Kuczma, Tim Smith, Kristy Piper, Nate Witsaman. Nays - 0. Motion Carried.
Petitions from the Public on Legislation Tom O'Connell (3493 Clover Drive), Executive Director of the
Medina Metropolitan Housing Authority (MMHA) and a Brunswick resident, addressed Council regarding
Resolution No. 50-2026, which authorized an opioid settlement fund disbursement agreement with MMHA.
Before discussing the resolution, O’Connell recognized Council President Hanek for his seven years of service
on the MMHA Board of Commissioners and thanked him for his leadership in expanding affordable housing,
renovating existing housing units, and establishing Next Step Up, Medina County’s first emergency homeless
shelter.
Mr. O’Connell expressed support for Resolution No. 50-2026 and provided an update on Next Step Up,
which opened on February 28, 2025. He reported that the shelter had served nearly 400 individuals,
including 44 children, with 76 percent of guests coming from Medina County. He stated that 50 guests had
been connected with Hope Recovery resources and programming, 87 had obtained meaningful
employment, and 74 had successfully secured their own lease agreements.
Mr. O’Connell shared examples of individuals who had benefited from the shelter’s case management and
support services, including a Brunswick resident who obtained housing in the City with assistance through
the Shelter Plus Care voucher program. He also described a recent guest who moved into an MMHA
affordable housing property and wrote that he was “going home” when asked to provide a reason for
leaving the shelter. O’Connell thanked the City of Brunswick for its continued support and encouraged
Council to approve the resolution to sustain these services and help additional individuals secure safe,
stable, and affordable housing.
Reading of Legislation and Action on Legislation:
3rd Reading(s)
RES. NO. 47-2026 - A resolution permitting the City Administration to sell, through public internet auctions,
personal property, including motor vehicles acquired for the use of municipal officers and departments, and
road machinery, equipment, tools, or supplies, which are not needed for public use, or are obsolete or unfit
for the use for which it was acquired, for the year 2027. - 3rd Reading (Committee-of-the-Whole,
Administration/Carl DeForest):
Nicholas Hanek moved to adopt Resolution Number 47-2026, seconded by Michael Abella Jr. Roll Call - Ayes
- 7, Nicholas Hanek, Joseph Delsanter, Michael Abella Jr., Keith Kuczma, Tim Smith, Kristy Piper, Nate
Witsaman. Nays - 0. Motion Carried.
RES. NO. 49-2026 - A resolution clarifying and confirming the duties of the City Manager/Safety Director. 3rd Reading (Committee-of-the-Whole, Administration/Dennis Nevar):
Joseph Delsanter moved to adopt Resolution Number 49-2026, seconded by Keith Kuczma. Roll Call - Ayes 6, Joseph Delsanter, Michael Abella Jr., Keith Kuczma, Tim Smith, Kristy Piper, Nate Witsaman. Abstain - 1
(Nicholas Hanek). Nays - 0. Motion Carried.

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Brunswick City Council

Monday, October 26, 2026

RES. NO. 50-2026 - A resolution authorizing the City Manager to enter into an Opioid Settlement Fund
Disbursement Agreement with the Medina Metropolitan Housing Authority. - 3rd Reading (Committee-ofthe-Whole, Administration/Carl DeForest):
Nicholas Hanek moved to adopt Resolution Number 50-2026, seconded by Nate Witsaman. Roll Call - Ayes 6, Nicholas Hanek, Joseph Delsanter, Michael Abella Jr., Keith Kuczma, Tim Smith, Nate Witsaman. Abstain 1 (Kristy Piper). Nays - 0. Motion Carried.
2nd Reading(s)
1st Reading(s)
ORD. NO. 54-2026 - An emergency ordinance to approve the editing and inclusion of certain ordinances as
components of the Codified Ordinances; to provide for the adoption of new legislation in the updated
revised Codified Ordinances; and to repeal ordinances in conflict therewith. - 1st Reading (To be brought
from Committee-of-the-Whole, Administration/Laura Timura):
Nicholas Hanek moved to suspend the rules, seconded by Keith Kuczma. Roll Call - Ayes - 7, Nicholas Hanek,
Joseph Delsanter, Michael Abella Jr., Keith Kuczma, Tim Smith, Kristy Piper, Nate Witsaman. Nays - 0.
Motion Carried.
RES. NO. 56-2026 - An emergency resolution opposing the Medina County Solid Waste Management
District's Solid Waste Management Plan Update (2027-2042). - 1st Reading (To be brought from Committeeof-the-Whole, Administration/Paul Magovac):
Nicholas Hanek moved to suspend the rules, seconded by Joseph Delsanter. Roll Call - Ayes - 7, Nicholas
Hanek, Joseph Delsanter, Michael Abella Jr., Keith Kuczma, Tim Smith, Kristy Piper, Nate Witsaman. Nays 0. Motion Carried.
Nicholas Hanek moved to adopt Resolution Number 56-2026, seconded by Kristy Piper. Roll Call - Ayes - 7,
Nicholas Hanek, Joseph Delsanter, Michael Abella Jr., Keith Kuczma, Tim Smith, Kristy Piper, Nate
Witsaman. Nays - 0. Motion Carried.
ORD. NO. 57-2026 - An ordinance amending Section 858.05 of the City of Brunswick Codified Ordinances to
provide a penalty for video service provider fee payments not timely received. - 1st Reading (To be brought
from Services Utilities, Technology & Cable Committee, Administration/Tom Keppler):
Mr. Smith moved this ordinance to second reading.
ORD. NO. 58-2026 - An ordinance updating the pay range for the position of full-time Production Assistant
in the Division of Information and Public Communications.- 1st Reading (To be brought from Services,
Utilities, Technology & Cable Committee, Administration/Tom Keppler):
Tim Smith moved to suspend the rules, seconded by Nicholas Hanek. Roll Call - Ayes - 7, Nicholas Hanek,
Joseph Delsanter, Michael Abella Jr., Keith Kuczma, Tim Smith, Kristy Piper, Nate Witsaman. Nays - 0.
Motion Carried.
Tim Smith moved to adopt Ordinance Number 58-2026, seconded by Nicholas Hanek. Roll Call - Ayes - 7,
Nicholas Hanek, Joseph Delsanter, Michael Abella Jr., Keith Kuczma, Tim Smith, Kristy Piper, Nate
Witsaman. Nays - 0. Motion Carried.

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Brunswick City Council

Monday, October 26, 2026

City Manager's Report Chief Safran relayed that leaf collection began in Ward 1 on October 26, with Ward 2
scheduled for October 27 and Ward 3 for October 28. Updates would be posted on the City’s website.
Weather permitting, the City planned to make three to four passes through each neighborhood during the
fall collection season.
Residents were also reminded that trick-or-treat would take place on Saturday, October 31, from 6:00 p.m.
to 8:00 p.m. The Division of Police would conduct its annual Pumpkin Patrol, assigning officers to
neighborhood zones to assist residents, help reunite children with their families when necessary, and slow
traffic during trick-or-treat hours.
The City’s Veterans Day ceremony would be held on Wednesday, November 11, at 11:00 a.m. at Brunswick
City Hall. The ceremony would be hosted by American Legion Post 234 and VFW Post 9520. All residents
were invited to attend and honor local veterans.
Open Forum Michael Getz (2919 Robert Parkway) addressed Council regarding the City’s use of Flock Safety
surveillance cameras. He referenced concerns he had raised at the September 28 Council meeting and
stated that he had submitted a follow-up email and a public records request but had not received a
substantive response to his concerns. He noted that he had been advised the records request could take
approximately 30 to 45 business days.
Mr. Getz questioned whether that timeframe was reasonable for records concerning a surveillance system
already purchased, authorized, and deployed by the City. He referenced Ohio’s public records law and asked
whether the estimated response time reflected the complexity of his request or a standard response
timeframe.
He also discussed the created SharePoint site on which Flock audit information was published. While
expressing support for improved public access to government records, he questioned whether such a site
would supplement or replace individual public records responses. He asked whether underlying records,
including search histories, audit logs, access records, search justifications, interagency sharing agreements,
and authorization documents, would be available, and who would determine and independently verify the
information published.
Mr. Getz further referenced an October 21 Washington Post investigation concerning access-control issues
involving Flock’s nationwide surveillance network. Drawing on his professional background in cybersecurity,
he raised concerns about user access, authentication, audit logging, and the removal of access when
individuals leave an organization. He asked who was responsible for verifying that individuals and outside
agencies accessing information collected by Brunswick’s cameras were properly authorized and how
frequently permissions were reviewed.
Unfinished Business There was none.
New Business
Liquor transfer request from Par Mar Oil Co. at 2155 Pearl Road Unit W, Brunswick, Ohio 44212, to Pak Fuel
LLC, at 2155 Pearl Road, Brunswick, Ohio 44212:
There were no objections from the administration.
Mr. Delsanter wished the Clerk of Council a happy birthday.

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Brunswick City Council

Monday, October 26, 2026

Mr. Witsaman reminded residents of an upcoming NOACA meeting scheduled for October 27 from 6:00 p.m.
to 8:00 p.m. at the Strongsville Recreation Center, 18100 Royalton Road. He encouraged residents to attend
and learn more about traffic studies and potential future improvements, including matters related to the
interchange.
Mr. Smith also wished the Clerk a happy birthday and commended the Council Office for its newsletter. He
encouraged residents to read the online publication for updates on Council activities and individual Council
members’ work.
Adjournment Nicholas Hanek moved to adjourn, seconded by Keith Kuczma. Roll Call - Ayes - 7, Nicholas
Hanek, Joseph Delsanter, Michael Abella Jr., Keith Kuczma, Tim Smith, Kristy Piper, Nate Witsaman. Nays 0. Motion Carried. There being no further business, the meeting adjourned at 7:34 p.m.
Respectfully submitted,

Laura Timura, MMC
Clerk of Council

Mayor Ron Falconi

Adopted

CITY OF BRUNSWICK

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October 31, 2026

TO:
FROM:
RE:

CITY COUNCIL
CLERK OF COURTS
MONTHLY REPORT TO COUNCIL PER O.R.C.
FOR THE MONTH OF OCTOBER. 2026
WAIVERS/COURT/BONDS

DEPOSITS (October) $18,567.74
DEBITS (October) $16,987.74

Checks to be written in October:
Treasurer State of Ohio
$ 3,007.50
City ofMedinaMlATF
25.00
$
City of Medina IDATF
91.50
$
*
City of Brunswick Finance Dept/Police Fund
$ 13,863.74
Misc.Checks (bond refunds & transfers/restitution) $
TOTAL for the month
$ 16,987.74
tCheck includes amounts to: Court Computer Fund and Education & Enforcement Fund
Service Charges/Fees for prior month

$402.42

Maor Ronald Falconi

Ma ia E Fenos, Clerk of Courts

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Services, Utilities, Technology, and Cable Committee
October 26, 2026
IN ATTENDANCE: Chairman Tim Smith, Committee Member Michael Abella Jr., Committee Member
Kristy Piper, Joseph Delsanter, Nicholas Hanek, Keith Kuczma, Nate Witsaman, Law Director
Dennis Nevar, Acting City Manager/Safety Director Robert Safran, Information and Public
Communication Manager Tom Keppler, Service Director Paul Magovac, Clerk of Council Laura Timura,
News Media.
The meeting convened at 5:35 p.m.
DISCUSSION ITEMS:
b. ORD. NO. 57-2026 - An ordinance amending Section 858.05 of the City of Brunswick Codified
Ordinances to provide a penalty for video service provider fee payments not timely received. 1st Reading (To be brought from Services Utilities, Technology & Cable Committee,
Administration/Tom Keppler)
Mr. Keppler presented Ordinance Number 57-2026, which would establish a penalty for video service
provider fees not received by the deadline established in Ohio Revised Code 1332.32. He explained that
since Breezeline replaced WOW, the company had paid on time only once, with the transition occurring
in the fourth quarter of 2021. Although most late payments had been received within approximately a
month of the deadline, the City had experienced four instances in which payments were more than 100
days late. Most recently, Mr. Keppler and Mr. DeForest had to repeatedly contact the company to
secure payment. He expressed concern that the City might not have received its payments that year
without those reminders. Mr. Keppler noted that he had discussed the issue with the State and believed
Brunswick was among the few, if any, municipalities pursuing this type of penalty.
Mr. Nevar clarified that Ohio Revised Code 1332.32 authorizes video service provider fees and requires
payment within 45 to 60 days after the end of each calendar quarter. The proposed ordinance would
impose a penalty if payment remained outstanding after 90 days, providing the company an additional
30-day grace period beyond the statutory deadline. He characterized the penalty as an enforcement
measure intended to encourage timely compliance.
Mr. Abella asked about the proposed penalty and how it related to the amount owed.
Mr. Keppler explained that the ordinance would impose a $1,000-per-day penalty after the 90-day
period. The City's fee is based on 5% of the provider's gross revenue and advertising revenue.
Mr. Keppler noted that the amounts received from Breezeline had declined steadily to approximately
$10,000 per quarter, while Spectrum, which pays the same type of fee, provides approximately $40,000
to $50,000 per quarter. Because the two providers had previously generated comparable payments, he
questioned whether Breezeline's reported figures were accurate. He acknowledged that the proposed
penalty was a substantial amount intended to draw the company's attention to its payment obligations.

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Mr. Kuczma queried what recourse the City would have if Breezeline failed to pay the penalty.
Mr. Nevar confirmed that the City could pursue legal action.
Mr. Delsanter questioned whether the City could verify the company's reported revenue and advertising
figures.
Mr. Keppler expounded that the Ohio Revised Code provisions adopted in 2007 provide municipalities
with limited oversight. The only way to verify the reported figures would be for the City to conduct an
audit of Breezeline at its own expense. He had contacted municipalities and townships served by
Breezeline to explore conducting a collaborative audit and had identified a firm with experience auditing
video service provider fees. He had shared the payment breakdown with the firm and was awaiting a
response. At that time, he anticipated that two or three communities might participate, which would
reduce the cost somewhat, although he had hoped for broader participation. Mr. Keppler added that
auditing the company was the only way to hold it accountable for discrepancies. He also noted that he
generally relied on the State's video authorization program when addressing concerns.
Mr. Delsanter observed that the City largely had to rely on the accounting information provided by the
company unless it pursued an audit or legal action.
Mr. Keppler confirmed that this limitation was established by Ohio Revised Code 1332.32.
Mr. Delsanter offered to assist with outreach to other communities if needed.
Mr. Keppler responded that he had already contacted the municipalities and townships served by
Breezeline and had received responses from most of them. He offered to provide a list of those who had
not responded so Council members could use their contacts to encourage participation.
Mr. Witsaman asked why the City would wait 90 days rather than impose a penalty after 60 days.
Mr. Keppler noted that the City Manager had favored a more aggressive approach but explained that,
following discussions with Mr. Nevar, the proposed 90-day period was intended to provide a reasonable
grace period consistent with business practices. He indicated that the committee could consider a
shorter period if desired.
Mr. Kuczma initially understood that the penalty would not begin until 120 days after the quarter ended.
Mr. Keppler elucidated that the statutory payment deadline is 45 to 60 days after the end of the
quarter, and the proposed ordinance would allow an additional 30 days, making the penalty applicable
after 90 days rather than 120 days.
Mr. Smith inquired whether there was precedent for the $1,000-per-day penalty.

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Mr. Keppler illuminated that, based on his research, the City appeared to be breaking new ground with
this approach and that the amount was selected as a starting point to encourage timely payment.
Mr. Smith noted that $1,000-per-day penalties had been used in other contexts but was unaware of a
standard penalty applicable to this situation.
Mrs. Piper moved Ordinance Number 57-2026 to tonight’s Council Agenda of October 26, 2026 for three
readings. Vote – 3 Ayes, 0 Nays.
c. ORD. NO. 58-2026 - An ordinance updating the pay range for the position of full-time
Production Assistant in the Division of Information and Public Communications.- 1st Reading (To
be brought from Services, Utilities, Technology & Cable Committee, Administration/Tom
Keppler)
Mr. Keppler presented Ordinance Number 58-2026, which would establish a pay range for the full-time
production assistant position. He explained that the position currently had no established pay range and
that the existing information had not been updated since 1999. Following the resignation of Kerryn Kirk,
the City intended to refill the production assistant position rather than add a new full-time position.
Mr. Keppler explained that the production assistant role would provide an entry-level opportunity for
someone to learn the work and potentially advance within the department.
The proposed pay range would be $14.11 to $24.15 per hour, with compensation based on the
employee's experience. Mr. Keppler explained that the range would allow the City to hire someone at
the lower end and consider an increase following a six-month or one-year probationary period,
depending on the employee's performance.
Mr. Smith's questioned the position's place in the department's organizational structure,
Mr. Keppler clarified that the production assistant would be below the access specialist position, which
serves as his second-in-command. He noted that Ben Staunton currently holds the access specialist
position.
Mr. Nevar explained that the ordinance would be considered under a suspension of the rules but would
not be an emergency measure. The intent was to complete one reading and pass the ordinance as a
non-emergency, meaning it would take effect 30 days after passage.
Mr. Abella moved Ordinance Number 58-2026 to tonight’s Council Agenda of October 26, 2026 for one
reading with suspension of the rules as a non-emergency. Vote – 3 Ayes, 0 Nays.
GENERAL DISCUSSION:
Mr. Witsaman reported that the gas company planned to address a gas leak in November in an area of
his ward where residents had raised concerns. Mr. Smith thanked him for bringing the matter to the
committee's attention.
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Mr. Keppler then provided an update on Breezeline's audio and video transmission quality, explaining
that the City had previously experienced significant synchronization problems, with audio and video
sometimes noticeably out of sync. On or about August 3, Breezeline replaced the City's encoders,
enabling full high-definition transmission. He added that improvements were being made throughout
the region, extending from Vermilion in the west to Mentor in the east. Mr. Keppler acknowledged that
the improvements had taken several years but stated that transmission quality was now better. He
asked committee members to notify him promptly if any new problems arose.
Mr. Smith confirmed that he had previously observed delays of approximately 10 to 15 seconds
between a speaker's appearance on screen and the corresponding audio.
ADJOURNMENT:
Being no further business, Mr. Abella moved to adjourn at 5:47 p.m. Vote – 3 Ayes, 0 Nays
Submitted Respectfully,

Timothy Smith
Chairman

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Safety and Environment
October 26, 2026
IN ATTENDANCE: Chairman Keith Kuczma, Committee Member Joseph Delsanter, Committee Member
Kristy Piper, Michael Abella, Jr., Nicholas Hanek, Tim Smith, Nate Witsaman, Law Director
Dennis Nevar, Acting City Manager/Safety Director Robert Safran, Information and Public
Communication Manager Tom Keppler, Service Director Paul Magovac, Clerk of Council Laura Timura,
News Media.
The meeting convened at 5:47 p.m.
DISCUSSION ITEMS:
a. Flock audit Policy
Mr. Kuczma explained that the committee had discussed the Flock camera system at its previous
meeting but had run short on time. Chief Safran was present to provide additional information.
Mr. Kuczma noted that the City had since launched a public transparency portal to address residents'
concerns and make information about the system more accessible.
Chief Safran reported that the City's transparency portal became operational at the beginning of the
month. Available information includes the Flock policy, event logs, emails, audit logs, contract, agencysharing information, organizational audit results, monthly computer-aided dispatch (CAD) audit records,
network audit reports, active and disabled Flock user lists, and information regarding Automated License
Plate Recognition (ALPR) administration and appointments. The Division of Police had conducted
internal audits dating back to January to verify that the system was being used appropriately and had
found no issues. Chief Safran noted that the City would soon reach five years of using the cameras
without receiving any complaints about misuse.
Mrs. Piper asked whether the portal covered only City-owned and operated cameras, noting that
privately operated cameras were also located within the City.
Chief Safran clarified that the City's system consists of 10 cameras. He explained that businesses such as
Home Depot also use Flock cameras under their own contracts. When those businesses report thefts,
they may provide the Division of Police with images captured by their cameras as part of their
investigations.
Mr. Delsanter clarified that the City does not own the Flock hardware but contracts with the company
for use of the service.
Mr. Hanek thanked the Division of Police for making the information available and asked whether other
communities provided the same level of transparency.

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Chief Safran explained that Flock subscribers have access to the company's standard portal, but
Brunswick had gone further by establishing a file-sharing portal through the City's website. He credited
the Law Director, Dennis Nevar, and Division of Police leadership with helping develop the resource. The
City had reviewed the practices of other agencies and sought to provide extensive information about
how its cameras were used.
Mr. Hanek acknowledged that residents had raised two distinct concerns: whether the City was
providing sufficient documentation and whether Flock or other ALPR companies might engage in
practices beyond the City's control. He asked Chief Safran whether the cameras had proved effective in
law enforcement and requested an example.
Chief Safran cited an incident from approximately 30 minutes before the meeting in which the Flock
cameras identified a stolen vehicle. Officers located the vehicle and its juvenile operator, who was being
taken into custody. He explained that the Division of Police had used ALPR technology since the early
2000s, when similar technology was installed in some patrol vehicles. Although the current system
offered improved capabilities and faster results, license plate photography had long been a law
enforcement tool. Chief Safran emphasized that a Flock alert does not automatically solve a crime or
establish that a vehicle is stolen. Officers must conduct additional investigative work and verify
information before taking action. Nevertheless, he considered the system highly effective. He also
referenced a recent statement by Ohio Attorney General Andy Wilson supporting the effectiveness of
Flock cameras as a law enforcement tool while emphasizing the need for appropriate safeguards.
Mr. Delsanter asked what consequences an employee might face if the system were used for
unauthorized personal purposes.
Chief Safran expounded that, under the updated policy, misuse could result in termination. He also
noted that House Bill 1008 was in the early stages of consideration at the state level and could establish
penalties for misuse. State legislation might require future amendments to the City's policy, but
safeguards were already in place.
Mr. Delsanter expressed hope that the Division of Police would continue to maintain its record of
integrity and that misuse would not occur.
Mr. Kuczma requested Chief Safran explain how the City shared information with other law enforcement
agencies and what safeguards protected residents from unauthorized searches by outside agencies.
Chief Safran delineated that the system includes an automatic-sharing feature that allows other
agencies to access Brunswick's cameras when authorized. He emphasized that sharing information is a
common law enforcement practice because criminal activity frequently crosses jurisdictional
boundaries. As examples, he referenced a theft ring operating in the Toledo area that targeted Meijer
stores and an investigation involving a subject breaking into mailboxes. In the latter case, the individuals
involved were from Indiana. Such cases demonstrate the value of sharing information across
jurisdictions.

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Mr. Kuczma asked what safeguards would prevent an officer from another community from using the
system to track someone for personal reasons, such as an ex-girlfriend.
Chief Safran explained that searches conducted through another agency's system would be subject to
that agency's auditing procedures. Flock had introduced an audit-assist feature earlier in the year to flag
potentially questionable activity, such as an officer repeatedly searching a particular license plate.
Investigators could then determine whether the searches were associated with a legitimate CAD entry,
police report, or investigation. Chief Safran confirmed that an unauthorized search conducted through
another agency's system would be recorded under that agency rather than Brunswick's system.
Mr. Kuczma inquired about the City's upcoming contract renewal and whether alternative providers had
been considered, particularly given the public concerns surrounding Flock.
Chief Safran explained that other options were available but that Flock currently offered the best
product for the price. Brunswick has 10 basic cameras, which do not include facial recognition or
automated ticketing capabilities and are intended for investigative purposes. Flock had been included in
the proposed 2027 budget, giving Council the opportunity to review the arrangement and determine
whether to continue the contract. He noted that the cameras had been invaluable to the Division of
Police. When Mr. Kuczma asked whether alternatives had been explored, Chief Safran identified Axon as
another provider but noted that its services were more expensive. He expressed a preference for
remaining with Flock at this time.
Mr. Witsaman queried how the Flock system compared with the license plate searches officers conduct
through their mobile data terminals.
Chief Safran illuminated that officers can enter a license plate through their mobile data terminals,
which access the Ohio Law Enforcement Automated Data System (LEADS). The system can return
information indicating that a vehicle is stolen or that an individual has an outstanding warrant. Flock
performs a similar function by automatically capturing license plates and checking them against
databases, including the National Crime Information Center (NCIC). However, officers must
independently verify the information through LEADS and attempt to make contact with the individuals
involved before proceeding. Chief Safran emphasized that a Flock alert alone does not automatically
trigger a traffic stop. He also clarified that LEADS is Ohio's law enforcement database, not a private
company.
Mr. Kuczma then invited members of the public to comment and asked speakers to state their names
and addresses for the record.
Michael Getz, 2919 Robert Parkway, expressed concern that discussions about Flock had focused
primarily on potential police misconduct rather than the broader issue of mass surveillance. He stated
that he trusted the Division of Police and was more concerned about the extent of surveillance and
potential security vulnerabilities. He also asked why public records requests in Brunswick could take 45
business days to fulfill.

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Mr. Nevar clarified that public records requests are evaluated based on several factors, including the
time required to locate, identify, review, and redact responsive documents. He noted that, since January
1, the City had received approximately 10,000 emails related to Flock. Many were unsolicited marketing
emails from Flock and were not substantive public records, but they still had to be reviewed. The City
also had to ensure that confidential law enforcement investigatory records and protected personal
information were properly redacted in accordance with Ohio law.
Mr. Nevar emphasized that public records requests are received weekly and can involve substantial
amounts of material, including hundreds of hours of police video that must be reviewed and redacted to
protect victims and other individuals. Staff must balance these responsibilities with their regular duties
serving the community. He noted that public records access is a complex and sometimes controversial
issue and that pending legislation in Ohio addresses concerns about requests that can consume
substantial public resources. The City seeks to respond appropriately while ensuring that employees can
continue performing their assigned responsibilities.
Mr. Hanek added that the City has limited staffing devoted exclusively to public records requests. He
explained that the volume and frequency of requests can create significant demands on staff,
particularly when requests seek records generated every day over an extended period. He referenced
instances in which requests had required the City to provide records related to economic development
projects on a daily basis. Because Ohio law governs how such requests must be handled, the City must
establish reasonable response timelines while continuing its other work.
Mr. Getz observed that Ohio Revised Code does not specify a fixed response period but instead requires
a reasonable response. He asked whether the City's 45-business-day timeframe represented its
interpretation of what is reasonable.
Mr. Nevar explained that the courts determine reasonableness based on factors such as the time
needed to locate, identify, review, and redact records. When requests involve tens of thousands of
pages, the process can be time-consuming. Mr. Hanek stated that he believed the City's current
response timeframe was reasonable given its staffing and workload. Mr. Kuczma added that fulfilling
requests often requires coordination among multiple departments, including the Law Department.
Mr. Delsanter commented that public records requests should not impede the Division of Police's ability
to protect residents and property or interfere with criminal investigations. He emphasized that the City
must balance transparency with the need to preserve the integrity of investigations and prosecutions.
He added that the City was not attempting to be arrogant or indifferent to residents' concerns but
needed to ensure that requests did not compromise public safety or divert excessive staff time from
essential duties. He also noted that the public's interest in Flock had prompted the City to make
information about the system more accessible and that he believed the City was doing a strong job of
being open about the tools used to investigate crime.
Mr. Nevar further explained that the City had received multiple public records requests related to Flock
while developing its policy and online portal. To make the process more efficient and reduce the
repeated expenditure of staff time and taxpayer resources, the City established a central location where
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previously reviewed and redacted records could be accessed. The portal would maintain a historical
collection of records, including monthly organizational audit results and updated emails. As new records
are reviewed and made available, they would be added to the collection, reducing the need to begin
from scratch whenever a subsequent request seeks the same information. Mr. Nevar acknowledged that
establishing the portal required coordination with the Information Technology staff to create a system
capable of storing and publicly displaying the records. He expressed appreciation for the work involved
and confidence in the resulting resource.
Mr. Kuczma stated that Council, the Administration, and the Division of Police are responsible for the
safety of Brunswick's approximately 36,000 residents. He acknowledged that some residents oppose the
Flock system while others support its use. Given the examples of its effectiveness presented by Chief
Safran, he believed the system's role in helping solve crimes was an important consideration for the City.
Mr. Delsanter observed that residents' questions, attendance, and interest in the Flock system had
helped prompt the City to provide additional transparency. He stated that the City was listening to
residents while continuing to use a tool that the Division of Police had found beneficial. He added that
no system is perfect and that the City must continue evaluating its use.
Mr. Getz raised an additional concern, stating that technology is readily available to help individuals
identify and avoid Flock cameras. He referenced an application called Flock Hopper, which he said
identifies camera locations in Brunswick, as well as equipment that could be used to detect the cameras.
Mr. Kuczma acknowledged that no system is perfect. Mr. Delsanter similarly noted that law
enforcement has never had a perfect system for preventing crime.
Mr. Getz then asked whether the City had statistics demonstrating a correlation between Flock
technology and positive outcomes in the community.
Mr. Hanek acknowledged the value of obtaining such data and stated that he would like to see statistics
demonstrating the system's effectiveness. He noted that the City had made information about the
contractor and the system available through the transparency portal and indicated that discussion of the
issue could continue as more information became available. He emphasized that additional data would
help inform future decisions.
Mr. Kuczma thanked Chief Safran and Sergeant Hoover for their time and for answering Council's
questions outside their regular duties. He acknowledged that Council members had received calls from
residents about the issue and appreciated the Division of Police's participation in the discussion.
Mrs. Piper asked whether the City had reviewed the physical safety of the camera equipment,
particularly the poles and mounting systems.
Chief Safran explained that the cameras are solar-powered and mounted on standard poles with
breakaway bases. If a pole were struck by a vehicle, it could be repaired.

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ADJOURNMENT:
Being no further business, Mr. Delsanter moved to adjourn at 6:13 p.m. Vote – 3 Ayes, 0 Nays
Submitted respectfully,

Keith Kuczma
Chairman

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Committee of the Whole
October 26, 2026
IN ATTENDANCE: Vice Mayor/President Nicholas Hanek, Pro Tem Joseph Delsanter, Michael Abella Jr.,
Keith Kuczma, Kristy Piper, Tim Smith, Nate Witsaman, Mayor Ron Falconi, Law Director Dennis Nevar,
Acting City Manager/Safety Director Robert Safran, Information and Public Communication Manager
Tom Keppler, Service Director Paul Magovac, Clerk of Council Laura Timura, News Media.
The meeting convened at 6:14 p.m.
Mr. Hanek reminded Council that each agenda item is scheduled for consideration following the
conclusion of the preceding committee meeting. With no objections, he proposed taking Ordinance
Number 54-2026 out of order.
DISCUSSION ITEMS:
REVIEW LEGISLATION:
a. ORD. NO. 54-2026 - An emergency ordinance to approve the editing and inclusion of certain
ordinances as components of the Codified Ordinances; to provide for the adoption of new
legislation in the updated revised Codified Ordinances; and to repeal ordinances in conflict
therewith. - 1st Reading (To be brought from Committee-of-the-Whole, Administration/Laura
Timura)
Mrs. Timura confirmed that Ordinance Number 54-2026 addresses updates to the City’s codified
ordinances, including the recent Planning and Zoning Code revisions. She noted that updated code
materials are available for distribution to the Planning Commission, allowing the City to rely on the
current version of the code.
Mr. Kuczma moved Ordinance Number 54-2026 to tonight’s Council Agenda of October 26, 2026 as an
emergency with suspension of the rules. Vote – 7 Ayes, 0 Nays.
MOTIONS:
a. Motion authorizing an addendum to the Chagrin Valley Engineering contract with the City of
Brunswick for the engineering of the Army Corps of Engineers Grant for Miner Drive and KellerHanna Drive stormwater project for a fixed price in the amount of $127,608.31.
Mr. Magovac addressed Motion Item A, explaining that approximately five years ago, Chagrin Valley
Engineering (CVE) designed a minor stormwater project for the City that was divided into two phases.
Phase 1 was completed, but Phase 2 remained unfinished, although approximately 70% to 80% of the
engineering work had been completed.

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The City subsequently secured a $1,999,000 grant through the U.S. Army Corps of Engineers for the
project. After discussions with Army Corps engineers, it was determined that completing the existing
engineering plans would be more cost-effective than having the Corps develop its own plans. Because
CVE’s work was substantially complete, the Corps agreed to use the City’s engineering services to finish
the project.
Mr. Magovac noted that the Corps could not accommodate the City’s current method of compensating
its engineers, which ties engineering fees to the total construction cost. Under that arrangement, the
engineering contract must be adjusted when construction costs change, whether because of change
orders or bids that come in below the estimate. The Corps requires a fixed price. Accordingly, the
proposed amendment would establish a fixed fee for CVE’s engineering work on the Miner Drive and
Keller Hanna Drive stormwater project.
In response to Mr. Kuczma’s question about the project’s location and scope, Mr. Magovac clarified that
the work involves the north side of Miner Drive, extending eastward. The western portion has been
completed, while the eastern portion, including the area beyond the small bridge, remains unfinished.
The Keller Hanna Drive project is in the same general area but on the opposite side.
Mr. Delsanter confirmed that the proposed engineering fee of $127,608.31 would be fixed, regardless of
the actual construction cost. Mr. Magovac acknowledged that the City would owe the full amount even
if the final construction cost were lower than anticipated, but noted that the arrangement could also
prove advantageous if construction costs exceeded expectations. He emphasized that using the City’s
existing engineering firm would generate substantial savings.
Mr. Delsanter moved to authorize an addendum to the Chagrin Valley Engineering contract with the City
of Brunswick for the engineering of the Army Corps of Engineers Grant for Miner Drive and Keller-Hanna
Drive stormwater project for a fixed price in the amount of $127,608.31. Vote – 7 Ayes, 0 Nays
REVIEW LEGISLATION (continued):
b. RES. NO. 56-2026 - An emergency resolution opposing the Medina County Solid Waste
Management District's Solid Waste Management Plan Update (2027-2042). - 1st Reading (To be
brought from Committee-of-the-Whole, Administration/Paul Magovac)
Mr. Hanek introduced Resolution Number 56-2026, which reiterates the City’s position regarding the
regional plan under consideration by the commissioners. He expressed concern that a recent public
notice soliciting feedback suggested the commissioners were unaware of Brunswick’s position, despite
months of discussions and communications from Council, the Administration, and the Law Department
outlining the City’s concerns and interests.
Mr. Magovac reported that the commissioners were accelerating the schedule. At their November 4
meeting, they were expected to vote on whether to distribute the plan to the participating
communities. The plan would then be delivered to each community, likely on a memory stick, for
consideration and an up-or-down vote.
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Mr. Magovac indicated that the accelerated schedule appeared intended to obtain Brunswick’s
anticipated rejection sooner, allowing the commissioners to revisit the plan and consider changes that
might persuade the City to support it. Mr. Magovac emphasized that he had repeatedly communicated
Brunswick’s position: unless the City’s concerns were addressed, it would vote against the plan.
Mr. Hanek added that Brunswick remained willing to discuss the matter, but the commissioners had
withdrawn from further discussions despite the City’s efforts to engage with them. He characterized the
resolution as a response to that decision and noted that, as an emergency resolution, it would be
distributed to relevant parties to ensure the City’s position was clearly communicated.
Mr. Kuczma moved Resolution Number 56-2026 to tonight’s Council Agenda of October 26, 2026 as an
emergency with suspension of the rules. Vote – 7 Ayes, 0 Nays.
GENERAL DISCUSSION:
Mr. Kuczma asked Mr. Magovac for an update on the City’s plans for tar-based road maintenance, which
had previously been discussed for the 2027 fiscal year.
Mr. Magovac reported that the City had resumed its crack-sealing program. He clarified that crack
sealing is intended as preventive maintenance rather than a remedy for roads already in poor condition.
The program targets roads approximately 10 to 15 years old, with an annual materials budget of
$10,000. He noted that the work requires at least six employees and that the available funding generally
covers approximately three weeks of work. The City is completing as much work as possible within those
constraints.
Mr. Kuczma asked whether the program would also address concrete roads in the wards. Mr. Magovac
indicated that the decision depends on the condition of each road. He would inspect the pavement to
determine whether cracking or chipping could be addressed through maintenance or whether the
damage was too extensive for the treatment to be effective. He noted that some roads may fall
between those categories, requiring an individual assessment. Mr. Kuczma thanked him for the
information. Mr. Magovac offered to provide City Manager DeForest with a list of roads treated during
the past three years for distribution to Council.
Mr. Hanek reminded Council that the final NOACA/ODOT I-71 study meeting would take place the
following evening from 6:00 to 8:00 p.m. at the Strongsville Recreation Center, with the presentation
beginning at 6:30 p.m. He encouraged Council members to attend and noted that Boston Road had been
eliminated from consideration. Although an interchange-style solution within Brunswick was no longer
under consideration, the study included other proposed improvements that could affect the City. He
encouraged members to attend to hear the final findings or recommendations. Mr. Hanek also
acknowledged that NOACA had previously clarified that one community could not dictate improvements
within another community, just as Brunswick could not dictate improvements within neighboring
communities.

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EXECUTIVE SESSION:
Mr. Delsanter moved to go into Executive Session at 6:26 p.m. to consider the purchase of property for
public purposes, the sale of property at competitive bidding, or the sale or other disposition of
unneeded, obsolete, or unfit-for-use property and to consider the appointment, employment, dismissal,
discipline, promotion, demotion, or compensation of a public employee or official, seconded by
Mr. Kuczma. Roll Call - Ayes – 7, Mr. Abella Jr., Mr. Delsanter, Mr. Hanek, Mr. Kuczma, Mrs. Piper,
Mr. Smith, Mr. Witsaman. Nays – 0
Mr. Witsaman moved to adjourn from Executive Session at 6:42 p.m.
The Committee-of-the-Whole reconvened.
Mr. Smith praised the Clerk of Council’s newsletter and suggested making it more accessible to the
public by displaying copies on the counter or bulletin board at City Hall. Mr. Hanek noted that copies
were already available in the front area. Mr. Witsaman expressed interest in receiving a digital copy.
ADJOURNMENT:
Being no further business, Mrs. Piper moved to adjourn at 6:44 p.m. Vote – 7 Ayes, 0 Nays
Submitted Respectfully,

Deborah Mullen
Assistant Council Clerk

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THE CITY OF BRUNSWICK

PROPOSED LEGISLATION
DATE:

11/9/2026

TO:

Vice Mayor Nicholas Hanek and Members of City Council

FROM:

Carl S. DeForest, City Manager
Tom Keppler

COPY:

Mayor Ron Falconi

LEGISLATION:

ORD. NO. 57-2026 - An ordinance amending Section 858.05 of the City of Brunswick
Codified Ordinances to provide a penalty for video service provider fee payments not
timely received. - 2nd Reading (Services Utilities, Technology & Cable Committee,
Administration/Tom Keppler)

BACKGROUND:
PURPOSE AND
EXPLANATION:

Video service provider fee payments shall be made no sooner than forty-five nor later
than sixty days after the end of each calendar quarter. Video service provider fee
payments that are not received within ninety days after the end of each calendar quarter
shall incur a late fee penalty in the amount of $1,000.00 per day until payment is received.

IMPLEMENTATION
SCHEDULE:

This Ordinance shall take effect and be in force from and after the earliest period allowed
by law.

FINANCIAL
INFORMATION:
FINANCIAL
SUMMARY:
RECOMMENDED
ACTION:
One Reading
Two Readings
Three Readings
Emergency
Suspension of Rules

No
No
Yes
No
No

If emergency or suspension of the rules, why the request?

Page 26 of

ADDITIONAL
INFORMATION:

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CITY OF BRUNSWICK, OHIO
ORDINANCE NO. 57-2026
BY: Mr. Smith, Mr. Abella, Mrs. Piper
AN ORDINANCE AMENDING SECTION 858.05 OF THE CITY OF
BRUNSWICK CODIFIED ORDINANCES TO PROVIDE A PENALTY FOR
VIDEO SERVICE PROVIDER FEE PAYMENTS NOT TIMELY RECEIVED.
WHEREAS: THE COUNCIL OF THE CITY OF BRUNSWICK HEREBY ORDAINS:
SECTION 1: That Section 858.05 of the Codified Ordinances is hereby amended to read as
follows:
“858.05 FEE PAYMENT SCHEDULE; LATE FEE PENALTY. Video service
provider fee payments shall be made no sooner than forty-five nor later than sixty
days after the end of each calendar quarter. Video service provider fee payments
that are not received within ninety days after the end of each calendar quarter shall
incur a late fee penalty in the amount of $1,000.00 per day until payment is
received.
SECTION 2: This Ordinance shall take effect and be in force from and after the earliest period
allowed by law.
______________________________________________________________________________
PASSED:

1st Reading
2nd Reading
3rd Reading

ADOPTED:

AYES

ATTEST:
Clerk of Council
Laura E. Timura, MMC

1

Page 28 of

NAYS

THE CITY OF BRUNSWICK

PROPOSED LEGISLATION
DATE:

11/9/2026

TO:

Vice Mayor Nicholas Hanek and Members of City Council

FROM:

Carl S. DeForest, City Manager
Taylor Petkovsek

COPY:

Mayor Ron Falconi

LEGISLATION:

RES. NO. 59-2026 - An emergency resolution authorizing the City Manager to purchase a
Malibu Restroom and Concession Building from CXT Incorporated for Behner Park in an
amount not to exceed $397,150.60. - 1st Reading (To be brought from Parks, Recreation
& Community Committee, Administration/Taylor Petkovsek)

BACKGROUND:

The CXT Malibu Restroom and Concession building is intended for Behner Park located at
507 North Carpenter. Purchased under Sourcewell Contract.

PURPOSE AND
EXPLANATION:

The purpose of this is to ensure the park has the restroom and concession building that
was proposed in the grant submission. The restroom and concession stand will be a part
of Behner Park which will include two baseball fields, ample parking and an asphalt
walking path.

IMPLEMENTATION
SCHEDULE:

If approved we would work to purchase the CXT Malibu immediately.

FINANCIAL
INFORMATION:
FINANCIAL
SUMMARY:

The restrooms and concession modular building is one piece of the overall Behner Park
Improvement Project. The entire Behner Park Improvement Project is estimated to cost
$1,948,465.08 as estimated by Chagrin Valley Engineering dated August 17, 2026. Of the
overall estimated project costs, $400,000 of these costs is expected to be funded by a
grant administered by the Ohio Department of Natural Resources (account#341-081256872) and the remaining estimated costs of $1,548,465.08 to be funded through the
Capital Improvement Fund #300 under account#300-0812-56100.
Finance anticipates certifying the funds for a purchase order for the restroom and
concession building in the amount not to exceed $397,150.60, after City Council’s
approval, execution of the ODNR grant agreement and submission of a purchase
requisition w/ Council Resolution from Taylor Petkovsek. The City has already executed
the grant agreement and the State Controlling Board is expected to meet and approve the
ODNR agreement on 11/9/26.

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It should also be noted that the scope of work as identified in the ODNR grant agreement
must be completed in full. ODNR has elected for the City to determine how to best assign
the funding for each individual piece. Per the grant requirement, ODNR will only
reimburse up to 90% of the grant award prior to project completion, even if current
expenses or project costs exceed the grant amount. The balance of 10% will be held and
disbursed after project completion. The grant deadline for everything to be completed,
including construction, payment, reimbursements and submission of all project reports is
June 2028.
RECOMMENDED
ACTION:
One Reading
Two Readings
Three Readings
Emergency
Suspension of Rules

Yes
No
No
Yes
Yes

If emergency or suspension of the rules, why the request?
The request for emergency suspension of the rules is a result of deadlines. The CXT sign
to deliver timeframe is six months. The Sourcewell contract pricing is going to increase in
2027. If we order before the end of November, the unit will arrive by May.
ADDITIONAL
INFORMATION:

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CITY OF BRUNSWICK, OHIO
RESOLUTION NO. 59-2026
BY:

Mrs. Piper, Mr. Kuczma, and Mr. Smith

AN EMERGENCY RESOLUTION AUTHORIZING THE CITY MANAGER
TO PURCHASE A MALIBU RESTROOM AND CONCESSION BUILDING
FROM CXT INCORPORATED FOR BEHNER PARK IN AN AMOUNT NOT
TO EXCEED $397,150.60.
WHEREAS: The City of Brunswick is a member of the Sourcewell joint purchasing program
as authorized by this Council and Ohio Revised Code Section 9.48;
WHEREAS: The proposed purchase of a Malibu Restroom and Concession Building from
CXT Incorporated for Behner Park is through the Sourcewell joint purchasing
program; and
WHEREAS: The purchase of a Malibu Restroom and Concession Building will be pursuant to
a grant issued under the Capital Improvement Community Park,
Recreation/Conservation Grant Program administer by the Ohio Department of
Natural Resources in the amount of $400,000.00 (the “Grant”), the issuance of
which is pending final approval.
WHEREAS: THE COUNCIL OF THE CITY OF BRUNSWICK HEREBY RESOLVES:
SECTION 1: Subject to receipt of the Grant, the City Manager is hereby authorized to purchase
a Malibu Restroom and Concession Building from CXT Incorporated for Behner
Park through the Sourcewell joint purchasing program in an amount not to exceed
$397,150.60.
SECTION 2: That this Resolution is hereby declared to be an emergency measure necessary for
the immediate preservation of the public peace, property, health, safety or
welfare, and for the additional reason that immediate passage is necessary to
allow for placement of the order and timely delivery. Therefore, the same shall
be in full force and effect from and after its passage by the required number of
votes or from the earliest time allowed by law.
______________________________________________________________________________
PASSED:

1st Reading
Rules Suspended:

ADOPTED:
ATTEST:
Clerk of Council
Laura E. Timura, MMC

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AYES ______

NAYS ______

AYES ______

NAYS ______

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THE CITY OF BRUNSWICK

PROPOSED LEGISLATION
DATE:

11/9/2026

TO:

Vice Mayor Nicholas Hanek and Members of City Council

FROM:

Carl S. DeForest, City Manager
Todd Fischer

COPY:

Mayor Ron Falconi

LEGISLATION:

ORD. NO. 55-2026 - An emergency ordinance authorizing the City Manager to enter into
an agreement with the Brunswick City School District to compensate the Brunswick City
School District for tax revenue lost as a result of exemptions to taxation on certain real
properties for the fiscal years 2028, 2029 and 2030. - 1st Reading (To be brought from
Finance Committee, Administration/Todd Fischer)

BACKGROUND:

Ohio Revised Code Section 5709.82 provides that if the legislative authority or housing
officer of a municipal corporation has acted under certain authority to grant or consent to
the granting of an exemption to taxation for real or tangible personal property on or after
July 1, 1994, the municipal corporation imposes a tax on incomes, and the payroll of new
employees resulting from the exercise of such authority equals or exceeds two million
dollars ($2,000,000.00), in the case of the authority exercised under Ohio Revised Code
Section 3735.67, in any tax year for which such property is exempted, the legislative
authority and the board of education of each city school district within the territory of
which the exempted property is located shall attempt to negotiate an agreement
providing for compensation to the school district for all or a portion of the tax revenue the
school district would have received had the property not been exempted from taxation;
and
The City of Brunswick has acted under the authority provided by Ohio Revised Code
Section 3735.67 pursuant to duly adopted Resolution No. 114-78, as amended by
Resolution Nos. 101-09 and 40-14, by granting exemptions to taxation on real property on
or after July 1, 1994; and
The City of Brunswick imposes a tax on incomes as defined by Ohio Revised Code Section
718 and Codified Ordinance Section 880; and
The payroll of new employees resulting from the granting of certain exemptions to
taxation on real property pursuant to Ohio Revised Code Section 3735.67 equals or
exceeds two million dollars ($2,000,000.00); and
The City of Brunswick and the Brunswick City School District are desirous of entering into
an agreement for compensation to the Brunswick City School District relative to tax

Page 42 of

revenue the Brunswick City School District would have received had certain properties not
been exempted from real property taxation for fiscal years 2028, 2029 and 2030.
PURPOSE AND
EXPLANATION:

See background.

IMPLEMENTATION
SCHEDULE:

See Recommendation or Emergency/Suspension Text above.

FINANCIAL
INFORMATION:
FINANCIAL
SUMMARY:

Subject to agreement approval by all parties, annual revenue sharing payments will be
charged to the General Fund Account #001-0880-53209.
Since this agreement involves future annual payments (2028-2030), it would also require
sufficient Council appropriations to be in place prior to payment. Those appropriations
should match the amounts listed in Exhibit A, provided it is approved by City Council.

RECOMMENDED
ACTION:
One Reading
Two Readings
Three Readings
Emergency
Suspension of Rules

No
No
Yes
Yes
No

If emergency or suspension of the rules, why the request?
The Brunswick City School District and the City of Brunswick are desirous to formalize an
agreement by the end of November 2026. This timing will allow both the City and the
School District to incorporate these amounts into their financial plans and
forecasts. Based on this timeline, we are proposing 3 readings but including an
emergency clause.
ADDITIONAL
INFORMATION:

See the terms included in Exhibit A (the Agreement).

Page 43 of

CITY OF BRUNSWICK, OHIO
ORDINANCE NO. 55-2026
By: Mr. Hanek, Mr. Abella, Mr. Witsaman
AN EMERGENCY ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE BRUNSWICK CITY SCHOOL
DISTRICT TO COMPENSATE THE BRUNSWICK CITY SCHOOL DISTRICT
FOR TAX REVENUE LOST AS A RESULT OF EXEMPTIONS TO TAXATION
ON CERTAIN REAL PROPERTIES FOR THE FISCAL YEARS 2028, 2029
AND 2030.
WHEREAS: Ohio Revised Code Section 5709.82 provides that if the legislative authority or
housing officer of a municipal corporation has acted under certain authority to grant
or consent to the granting of an exemption to taxation for real or tangible personal
property on or after July 1, 1994, the municipal corporation imposes a tax on
incomes, and the payroll of new employees resulting from the exercise of such
authority equals or exceeds two million dollars ($2,000,000.00), in the case of the
authority exercised under Ohio Revised Code Section 3735.67, in any tax year for
which such property is exempted, the legislative authority and the board of
education of each city school district within the territory of which the exempted
property is located shall attempt to negotiate an agreement providing for
compensation to the school district for all or a portion of the tax revenue the school
district would have received had the property not been exempted from taxation; and
WHEREAS: The City of Brunswick has acted under the authority provided by Ohio Revised
Code Section 3735.67 pursuant to duly adopted Resolution No. 114-78, as amended
by Resolution Nos. 101-09 and 40-14, by granting exemptions to taxation on real
property on or after July 1, 1994; and
WHEREAS: The City of Brunswick imposes a tax on incomes as defined by Ohio Revised Code
Section 718 and Codified Ordinance Section 880; and
WHEREAS: The payroll of new employees resulting from the granting of certain exemptions to
taxation on real property pursuant to Ohio Revised Code Section 3735.67 equals or
exceeds two million dollars ($2,000,000.00); and
WHEREAS: The City of Brunswick and the Brunswick City School District are desirous of
entering into an agreement for compensation to the Brunswick City School District
relative to tax revenue the Brunswick City School District would have received had
certain properties not been exempted from real property taxation for fiscal years
2028, 2029 and 2030.
WHEREAS: THE COUNCIL OF THE CITY OF BRUNSWICK HEREBY ORDAINS:

Page 44 of

SECTION 1: The City Manager is hereby authorized and directed to enter into the Agreement
with the Brunswick City School District, as attached hereto as Exhibit “A”, upon
the approval of the Law Director as to form.
SECTION 2: That this Ordinance is hereby declared to be an emergency measure necessary for
the immediate preservation of the public peace, property, health, safety or
welfare, and for the additional reason that immediate passage is necessary to
allow for finalization prior to the completion and update of the Brunswick City
School District’s five year forecast. Therefore, the same shall be in full force and
effect from and after its passage by the required number of votes or from the
earliest time allowed by law.
______________________________________________________________________________

PASSED:

1st Reading
2nd Reading
3rd Reading

ADOPTED:

AYES

ATTEST:
Clerk of Council
Laura E. Timura, MMC

Page 45 of

NAYS

EXHIBIT A
AGREEMENT BETWEEN THE CITY OF BRUNSWICK AND
BRUNSWICK CITY SCHOOL DISTRICT
THIS AGREEMENT (the “Agreement”) is entered into by and between the City of
Brunswick, Ohio (the “City”), a chartered municipal corporation existing and operating pursuant
to the laws of the State of Ohio, with a business address of 4095 Center Road, Brunswick, Ohio
44212 and the Brunswick City School District, a political subdivision of the State of Ohio (the
“School District”), with a business address of 3643 Center Road, Brunswick, Ohio 44212.
WHEREAS, Ohio Revised Code Section 5709.82 provides that if the legislative
authority of a municipal corporation has acted under the authority of Chapter 725 or 1728 or
Sections 3735.671, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632 or 5709.88, or a housing
officer under Section 3735.67, to grant or consent to the granting of an exemption from taxation
for real or tangible personal property on or after July 1, 1994, the municipal corporation imposes
a tax on incomes, and the payroll of new employees resulting from the exercise of that authority
equals or exceeds one million dollars ($1,000,000.00), or two million dollars ($2,000,000.00), as
adjusted under Ohio Revised Code Section 5709.82(E), in the case of the authority exercised
under Sections 3735.67 or 3735.671, in any tax year for which such property is exempted, the
legislative authority and the board of education of each city, local, or exempted school district
within the territory of which the exempted property is located shall attempt to negotiate an
agreement providing for compensation to the school district for all or a portion of the tax revenue
the school district would have received had the property not been exempted from taxation;
WHEREAS, the City of Brunswick has acted under the authority provided by Ohio
Revised Code Section 3735.67 pursuant to duly adopted Resolution No. 114-78, as amended by
Resolution Nos. 101-09 and 40-14, by granting exemptions to taxation on real property on or

Page 46 of

after July 1, 1994;
WHEREAS, the City of Brunswick imposes a tax on incomes;
WHEREAS, the payroll of new employees resulting from the granting of certain
exemptions to taxation on real property pursuant to Ohio Revised Code Section 3735.67 equals
or exceeds two million dollars ($2,000,000.00); and
WHEREAS, the City and the School District are desirous of entering into an agreement
for compensation to the School District relative to tax revenue the School District would have
received had certain properties not been exempted from real property taxation pursuant to Ohio
Revised Code Section 3735.67 for fiscal years 2028, 2029 and 2030.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
obligations contained herein, the City and the School District hereby agree as follows:
1)

The City and the School District hereby agree that the City shall pay the School
District the total sum of $91,350.00 for tax revenue lost by the School District as
a result of exemptions to taxation on certain real properties pursuant to Ohio
Revised Code Section 3735.67 for the fiscal year 2028.

The total sum of

$91,350.00 shall be received by the School District no later than December 31,
2028.
2)

The City and the School District hereby agree that the City shall pay the School
District the total sum of $71,800.00 for tax revenue lost by the School District as
a result of exemptions to taxation on certain real properties pursuant to Ohio
Revised Code Section 3735.67 for the fiscal year 2029.

The total sum of

$71,800.00 shall be received by the School District no later than December 31,
2029.

Page 47 of

3)

3
The City and the School District hereby agree that the City shall pay the School
District the total sum of $36,300.00 for tax revenue lost by the School District as
a result of exemptions to taxation on certain real properties pursuant to Ohio
Revised Code Section 3735.67 for the fiscal year 2030.

The total sum of

$36,300.00 shall be received by the School District no later than December
31,2030.
4)

The City and the School District hereby agree that in the event a business locates
in the City and that business is granted an exemption to taxation on real property
by the City pursuant to Ohio Revised Code Section 3735.67 and that the payroll
of new employees equals or exceeds two million dollars ($2,000,000.00) in fiscal
years 2028, 2029 and 2030, the City and School District shall renegotiate the
fixed tax revenue sharing payments due the School District for any fiscal year
subject to this Agreement.

5)

The City and School District hereby agree that in the event a business moves from
the City and that business was granted an exemption to taxation on real property
by the City pursuant to Ohio Revised Code Section 3735.67 and that the payroll
of employees was equal to or exceeded two million dollars ($2,000,000.00)
anytime in the previous five (5) fiscal years, the City and School District shall
renegotiate the fixed tax revenue sharing payments due the School District for any
respective fiscal year impacted by such business departure and subject to this
Agreement.

6)

Not to exceed one time per year during the term of this Agreement, either Party

Page 48 of

4
may submit a written request to recalculate potential revenue sharing amounts due
under this Agreement for certain exempted real property if or when the payroll of
new employees for each business that was granted an exemption to taxation on
real property by the City pursuant to Ohio Revised Code Section 3735.67 is
reasonably believed to have exceeded or fallen below the two million dollar
($2,000,000.00) threshold.

Any re-negotiated terms involving revenue sharing

amounts would require mutual written agreement between both Parties and, if
approved, would become effective in the calendar year subsequent to the
recalculation.

Absent such a re-negotiation in terms, the existing agreement

would remain in full force.
7)

In the event the Ohio General Assembly were to amend the requirements of Ohio
Revised Code Section 5709.82 or any other applicable law in a manner that would
materially affect the terms of this Agreement, either Party may submit a written
request to renegotiate or terminate this Agreement to comply with applicable law.
Any amendment or termination to this agreement would require mutual written
agreement between both Parties and, if approved, would become effective in the
calendar year subsequent to the request or such other date as required by
applicable law.

8)

In the event of a material default by either Party in the performance of its
obligations hereunder, the non-defaulting Party shall deliver to the other Party
written notice setting forth the nature of the default.
have thirty (30) days to cure the default.

Page 49 of

The defaulting Party shall

If the default is not cured to the

5
satisfaction of the non-defaulting Party within such thirty (30) day period, the
non-defaulting Party may initiate any and all legal action to ensure performance
of this Agreement.
9)

This Agreement shall be governed by the laws of the State of Ohio.

This

Agreement contains the entire agreement between the Parties and any amendment
hereto shall be mutually agreed upon in writing by the Parties hereto.
10)

All notices which either Party hereto may give shall be addressed, in the case of
the City, as follows:
The City of Brunswick
Attn: City Manager/Safety Director
4095 Center Road
Brunswick, Ohio 44212
With a copy to:
Dennis Nevar, Law Director
50 Public Square, Suite 3301
Cleveland, Ohio 44113
And in the case of the School District, as follows:
Brunswick City School District
Attn: Mark C. Pepera, CFO/Treasurer
3643 Center Road
Brunswick, Ohio 44212
With a copy to:
Brunswick City School District
Attn: Jason Niedermeyer, Superintendent of Schools
3643 Center Road___________________
Brunswick, OH 44212_________________
_______________________________
Such notices shall be delivered personally or sent by certified mail to the above
addresses, or such other addresses as either Party may direct in writing.

Page 50 of

6
[SIGNATURE PAGE TO FOLLOW]

Page 51 of

7
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed
as of the date first written above.

Brunswick City School District

City of Brunswick, Ohio

_________________________________

___________________________________

By_______________________________

By_________________________________

Title_____________________________

Title_______________________________

Date_____________________________

Date_______________________________

The legal form and correctness of the
within instrument are hereby approved.

The legal form and correctness of the
within instrument are hereby approved.

_______________________________

___________________________________
Dennis Nevar, Director of Law

By____________________________
Title___________________________

Page 52 of

r—

Department of
Commerce

93,iko’

com.ohiogov

Division of Liquor Control

Mike DeWine, Governor

Jim Tresset, Lt. Governor

Sherry Maxfield, Director

BRUNSWICK CITY COUNCIL
ATTN CLERK
4095 CENTER RD
BRUNSWICK OH 44212
NOTICE TO LEGISLATIVE AUTHORITY
10021190-1

TRFO

PERMfl NUMBER
ISSUE DATE:

TYPE

FILING DATE: 1013012026
PERME CLASSES: 0-1

0-2

52022

OCT

TAX DISTRICT

TO
FATBOB PIZZA LLC
fathob pizza
1739 pearl rd
brunswick OH 44212
MunilVillagelTwp: Brunswick

RECEIPT NO

071 51 725-1
PERMIT NUMBER

TYPE

ISSUE DATE:
FILING DATE:

FROM 111212026
RAAM LLC
FAT BOB PIZZA
1739 PEARL RD
BRUNSWICK OH 44212

PERMIT CLASSES:

52022

MuniiVillagelTwp: Brunswick

OCT

TAX DISTRICT

MAILED

111212026

RECEIPT NO

RESPONSES MUST BE POSTMARKED NO LATER THAN

1210312026

IMPORTANT NOTICE
PLEASE COMPLETE AND RETURN THIS FORM TO THE DIVISION OF LIQUOR CONTROL WHETHER OR NOT
THERE IS A REQUEST FOR A HEARING.
REFERTO THIS NUMBER INALL INQUIRIES:
10021190-1
OCT
TRFO
(TRANSACTION & NUMBER)

(MUST MARK ONE OF THE FOLLOWING)
WE REQUEST A HEARING ON THE ADVISABILITY OF ISSUING THE PERMIT AND REQUEST THAT THE HEARING
BE HELD
C IN OUR COUNTY SEAT
C IN COLUMBUS
WE DO NOT REQUEST A HEARING C
DID YOU MARK A BOX?
IF NOT, THIS WILL BE CONSIDERED A LATE RESPONSE.
PLEASE SIGN BELOW AND MARK THE APPROPRIATE BOX INDICATING YOUR TITLE:

(Signature)

(Title)

-

C Clerk of City Council

(Date)

C Township Fiscal Officer

(Printed Name)

(Email Address)

6606 Tussing Road
Reynotdsburg, OH 43068 U.S.A.

The State otOhio is an Equal Opportunity Employer and ProviderolADA Services

Page 53 of

(Telephone No.)

6141644-2360
comohio.gov