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City Council

Regular Meeting

Brunswick, OH · July 13, 2026

AgendaPacket

Agenda

BRUNSWICK CITY COUNCIL AGENDA Nate Kristy Tim Dennis Carl S. Ron Laura Nicholas Michael Joseph Keith Witsaman Piper Smith Nevar DeForest Falconi Timura Hanek Abella Jr. Delsanter Kuczma Ward 3 At-Large At-Large Law Director City Manager Mayor Clerk of Council Ward 2 Ward 1 At-Large Ward 4 JULY 13, 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 June 22, 2026 5. Mayor’s Report: (a) Mayor's Court Financial Report for the month ending June 2026 will be posted on the website and added to the minutes for the record. (b) Proclamation in recognition of Brunswick Citizen's Police Academy Alumni Association's 20th Anniversary (c) Mayor's recommendation to reappoint Sarah Alfano to the Juvenile Diversion Board. (d) Motion to appoint John Rocha to the Board of Zoning Appeals to fulfill an unexpired term expiring March 14, 2028. (e) 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 June 22, 2026 Finance Committee................................................................................Mr. Hanek Safety & Environment Committee.......................................................Mr. Kuczma Planning & Zoning Committee..............................................................Mr. Delsanter Parks, Recreation & Community Committee..........................................Mrs. Piper Building & Building Code Committee...................................................Mr. Abella AGENDA JULY 13, 2026 PAGE 2 8. Other Committees, Boards and Commissions (a) Committee-of-the-Whole Minutes dated June 22, 2026 (b) Committee-of-the-Whole Minutes dated July 6, 2026 9. Petitions from the Public on Legislation 10. Reading of Legislation and Action on Legislation: a. 3rd Reading(s) RES. NO. 33-2026 - A resolution declaring March 6, 2027 as Random Acts of Kindness Day in the City of Brunswick. - 3rd Reading (Parks, Recreation, and Community Committee, Council/Nicholas Hanek) b. 2nd Reading(s) c. 1st Reading(s) ORD. NO. 35-2026 - 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 the ordinances in conflict therewith. - 1st Reading (To be brought from Committee-of- the-Whole, Administration/Laura Timura) RES. NO. 36-2026 - A resolution appointing Nicholas J. Hanek as City Manager/Safety Director of the City of Brunswick. - 1st Reading (To be brought from Committee-of-the-Whole, Council/Joseph Delsanter) 11. City Manager's Report 12. Open Forum 13. Unfinished Business 14. New Business 15. Adjournment

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BRUNSWICK CITY COUNCIL AGENDA Nate Kristy Tim Dennis Carl S. Ron Laura Nicholas Michael Joseph Keith Witsaman Piper Smith Nevar DeForest Falconi Timura Hanek Abella Jr. Delsanter Kuczma Ward 3 At-Large At-Large Law Director City Manager Mayor Clerk of Council Ward 2 Ward 1 At-Large Ward 4 JULY 13, 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 June 22, 2026 5. Mayor’s Report: (a) Mayor's Court Financial Report for the month ending June 2026 will be posted on the website and added to the minutes for the record. (b) Proclamation in recognition of Brunswick Citizen's Police Academy Alumni Association's 20th Anniversary (c) Mayor's recommendation to reappoint Sarah Alfano to the Juvenile Diversion Board. (d) Motion to appoint John Rocha to the Board of Zoning Appeals to fulfill an unexpired term expiring March 14, 2028. (e) 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 June 22, 2026 Finance Committee................................................................................Mr. Hanek Safety & Environment Committee.......................................................Mr. Kuczma Planning & Zoning Committee..............................................................Mr. Delsanter Parks, Recreation & Community Committee..........................................Mrs. Piper Building & Building Code Committee...................................................Mr. Abella Page 1 of AGENDA JULY 13, 2026 PAGE 2 8. Other Committees, Boards and Commissions (a) Committee-of-the-Whole Minutes dated June 22, 2026 (b) Committee-of-the-Whole Minutes dated July 6, 2026 9. Petitions from the Public on Legislation 10. Reading of Legislation and Action on Legislation: a. 3rd Reading(s) RES. NO. 33-2026 - A resolution declaring March 6, 2027 as Random Acts of Kindness Day in the City of Brunswick. - 3rd Reading (Parks, Recreation, and Community Committee, Council/Nicholas Hanek) b. 2nd Reading(s) c. 1st Reading(s) ORD. NO. 35-2026 - 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 the ordinances in conflict therewith. - 1st Reading (To be brought from Committee-of- the-Whole, Administration/Laura Timura) RES. NO. 36-2026 - A resolution appointing Nicholas J. Hanek as City Manager/Safety Director of the City of Brunswick. - 1st Reading (To be brought from Committee-of-the-Whole, Council/Joseph Delsanter) 11. City Manager's Report 12. Open Forum 13. Unfinished Business 14. New Business 15. Adjournment Page 2 of CItY OF’ BKLJINS WiCK, OHIO MINUTES OF COUNCIL Monday, June 22, 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 Witsamari, Michael Abella Jr., Keith Kuczma, Joseph Delsanter, Tim Smith, Kristy Piper. Others Present: Mayor Ron Falconi, City Manager/Safety Director Carl DeForest, Law Director Dennis Nevar, Clerk of Council Laura Timura. Correspondence Mrs. Timura read correspondence from Ohio First Lady, Fran DeWine, thanking Council for their support of the Dolly Parton Imagination Library in Medina County. Approval of Regular Council Meeting Minutes Regular Council Meeting Minutes dated June 8, 2D26: Nicholas Hanek moved to approve the Regular Council Meeting Minutes dated June 8, 2026, as written, seconded by Tim Smith. 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 commending Carson Updike for his athletic accomplishments and outstanding character: A proclamation was presented to Carson Updike in recognition of his record-breaking achievements in lacrosse, academic excellence and outstanding character. Motion to reappoint Jeffrey Arona and Joseph Shirilla to the Planning Commission: Nicholas Hanek move to reappoint Jeffrey Arona and Joseph Shirilla to the Planning Commission, seconded by Michael Abella. Roll Call Ayes -7, Nicholas Hanek, Joseph Delsanter, Michael Abella Jr., Keith Kuczma, - Tim Smith, Kristy Piper, Nate Witsaman. Nays -0. Motion Carried. 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 June 8,2026: Nate Witsaman moved to approve the Economic Development Committee Minutes dated June 8,2026, 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: Mr. Hanek had no formal reports this evening. cv OF BRUNSWICK Page 3 of Brunswick City Council Monday. June 22. 2026 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: Parks, Recreation & Community Committee Minutes dated June 8,2026 and June 15, 2026: Kristy Piper moved to approve the Parks, Recreation & Community Committee minutes dated June 8, 2026, and June 15, 2026, as written, seconded by Tim Smith. Roll Call Ayes -7, Nicholas Hanek, Joseph - Delsanter, Michael Abella Jr., Keith Kuczma, Tim Smith, Kristy Piper, Nate Witsaman, Nays -0. Motion Carried. Building & Building Code Committee Mr. Abella: Mr. Abella had no formal reports this evening. Other Committees, Boards and Commissions Committee-of-the-Whole Minutes dated June 8, 2026: Nicholas Hanek moved to approve the Committee-of-the-Whole Minutes dated June 8, 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 Reading of Legislation and Action on Legislation: 3rd Reading(s) 2nd Reading(s) RES. NO. 33-2026 A resolution declaring March 6, 2027 as Random Acts of Kindness Day in the City of - Brunswick. 2nd Reading (Parks, Recreation, and Community Committee, Council/Nicholas Hanek): - Mrs. Piper moved this resolution to third reading. 1st Reading(s) RES. NO. 34-2026 An emergency resolution authorizing the City Manager to enter into an agreement with VK Furnace LLC to replace three (3) HVAC systems for the Division of Police and City Hall kitchen and lunchroom in an amount not to exceed $199,000.00. 1st Reading (To be brought from Services, Utilities, - Technology & Cable Committee, Administration/Gront Aungst): Tim Smith moved to suspend the rules, 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. Tim Smith moved to adopt Resolution Number 34-2026, seconded by Mrs. Piper. Roll Call Ayes 7, - - Nicholas Hanek, Joseph Delsanter, Michael Abella Jr., Keith Kuczma, Tim Smith, Kristy Piper, Nate Witsaman. Nays 0. Motion Carried. - CITY OF BRUNSWICK 2 Page 4 of Brunswick CiE Council Monday. june 22. 2026 City Manager’s Report Mr. DeForest reminded that Cleveland Water Department owns the waterlines and fire hydrants. Those wanting to know the schedule of tree lawn repairs as a result of fire hydrant replacement, should contact Cleveland Water, He revealed that the Funkology band would be performing at the Recreation Center on iuly 3 from 6-9 p.m. Fireworks would commence following the concert. The fireworks rainout date was July 11. The Recreation Center would be closed on July 4. The parade would occur on Sunday, July Sat 2 p.m. by the Brunswick Middle School. City Hall would be closed on Friday, July 3. There would be no trash delays that week. Open Forum Joyce Watson (1199 Monroe Drive) had concerns regarding the traffic on North Carpenter after a new development was built. She asked how traffic corning in and out of the area was monitored. Ms. Watson added that contractors in the summer months do not always direct traffic with flaggers. She inquired as to why sometimes there are flaggers and at other times there are not. Unfinished Business Mr. Kuczma read a statement acknowledging that he had unintentionally shared inaccurate information that reflected negatively on Police Chief Safran and the Division of Police. He stated that it was never his intent to mislead or misrepresent any City department. Mr. Kuczma offered a sincere apology and accepted full accountability for his actions. He further expressed his commitment to continuing to work cooperatively with Chief Safran and all Department Heads to ensure the City provides the highest quality services possible to the residents of Brunswick. New Business Mr. Witsaman reminded that the 1-71 Crossroads Region Transportation Study public meeting would be held on Tuesday, June 23, 2026, at 6p.m. at the Strongsville Recreation Center. He noted that members of the Homes not Highways group were in attendance at the Council Meeting and encouraged all residents to attend Tuesday’s meeting. Mr. Smith informed that the Oaks Family Care Center was a non-profit ministry that has helped support 200—300 families since 1998. He stated that a fundraiser would be held on July24 at 7 p.m. at Hope Church in Brunswick. Comedian Jonnie W would be providing entertainment and the admission would be $35 per person. Mr. Smith then commented that garbage was being thrown out of cars in his neighborhood. He pleaded with residents to take pride in their City and mentioned he would like to keep Brunswick a wonderful community. Adjournment Nicholas Hanek moved to adjourn seconded by Joseph Delsanter. Roll Call Ayes -7, Nicholas - -lanek, 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 7:19 p.m. Respectfully submitted, Laura Timura, MMC Clerk of Council Mayor Ron Falconi Adopted CITY OF BRUNsWICK 3 Page 5 of June 30, 2026 TO: CITY COUNCIL FROM: CLERK OF COURTS RE: MONTHLY REPORT TO COUNCIL PER O.R.C. FOR THE MONTH OF JUNE, 2026 WAIVERS/COURT/BONDS DEPOSITS (May) $26,896. 70 DEBITS (ivIny) $28,146. 70 Checks to be written in December: Treasurer State of Ohio $ 4,907.00 City of Medina MTATF $ 50.00 City of Medina IDATF $ 141.00 City of Brunswick Finance Dept/Police Fund * $ 22,763.70 Mise.Checks (bond refunds & transfers/restitution) $ 285.00 TOTAL for the month $ 28146.70 *CIeck includes amounts to: Court Computer Fund and Education & Enforcement Fund Service Charges/Fees for prior month $467.02 Mayor Ronald Faleoni Fenos, Clerk of Courts Page 6 of Services, Utilities, Technology, and Cable Committee June 22, 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, City Manager/Safety Director Carl DeForest, Community & Economic Director Grant Aungst, Clerk of Council Laura Timura, News Media. The meeting convened at 6:00 p.m. DISCUSSION ITEMS: (a) RES. NO. 34-2026 An emergency resolution authorizing the City Manager to enter into an agreement with VK Furnace LLC to replace three (3) HVAC systems for the Division of Police and City Hall kitchen and lunchroom in an amount not to exceed $199,000.00. - 1st Reading (To be brought from Services, Utilities, Technology & Cable Committee, Administration/Grant Aungst) Mr. Aungst discussed Resolution Number 34-2026, an emergency resolution authorizing the City Manager to enter into an agreement with VK Furnace LLC to replace three HVAC systems serving the Division of Police and the City Hall kitchen and lunchroom in an amount not to exceed $199,000.00. Mr. Aungst requested emergency consideration with suspension of the rules. He explained that the project had been bid twice and only one bid was received. The project includes replacement of three HVAC systems, two located at the Police Department and one serving the City Hall kitchen and lunchroom area. Mr. Aungst noted that replacement of the units is time-sensitive due to equipment availability and procurement challenges. He further explained that the affected facilities experienced multiple heating outages during the previous winter. Mr. Smith inquired whether funding had been budgeted for the project. Mr. Aungst stated that approximately fifty percent of the project cost would be funded through NOPEC grant funds, with the remaining balance coming from operational funds designated for the affected facilities. Mr. Witsaman asked whether the project involved complete replacement of the HVAC units and whether ductwork would also be replaced. Mr. Aungst confirmed that the project includes full unit replacement as well as replacement of associated ductwork. Mrs. Piper moved Resolution Number 34-2026 to tonight’s Council Agenda of June 22, 2026, as an emergency with suspension of the rules. Vote – 3 Ayes, 0 Nays. Page 1 of 2 Page 7 of GENERAL DISCUSSION: There was none. ADJOURNMENT: Being no further business, Mr. Abella moved to adjourn at 6:02 p.m. Vote – 3 Ayes, 0 Nays. Submitted Respectfully, Timothy Smith Chairman Page 2 of 2 Page 8 of Committee of the Whole June 22, 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, City Manager/Safety Director Carl DeForest, Community & Economic Director Grant Aungst, Clerk of Council Laura Timura, News Media. The meeting convened at 6:02 p.m. DISCUSSION ITEMS: (a) In accordance with Article VI(C) of the Council Rules, an interview to review the reappointment of John Rocha to the Planning Commission has been requested by Council. Mr. Hanek announced that Discussion Item (a), regarding the requested interview for the reappointment of John Rocha to the Planning Commission, was being removed from the agenda. He explained that Council Rules permit interviews of potential nominees but stated that circumstances surrounding the appointment had changed. He indicated that the matter was expected to be resolved favorably. (b) I-71 Crossroads Regional Transportation Study at Strongsville Recreation Center. Mr. Hanek then discussed the upcoming I-71 Crossroads Regional Transportation Study public meeting scheduled for June 23, 2026, at the Strongsville Recreation Center from 6:00 p.m. to 8:00 p.m. He encouraged all Council members to attend, noting the importance of having a strong Brunswick presence at the meeting because many Brunswick residents were expected to participate. Councilman Abella asked whether the format would be similar to previous public meetings held as part of the study process. Mr. Hanek explained that attendees would have an opportunity to review study data, findings, and displays during the first portion of the event, with the formal presentation expected to begin around 6:30 p.m. He stated that the first public meeting focused on identifying transportation issues and concerns, while the upcoming meeting would focus on presenting potential solutions and identifying which alternatives would be studied further. Mr. Hanek further explained that a final meeting is anticipated later in the year, likely in October, at which time the consultants will present their final recommendations. He noted that the transportation study is required to be completed by the end of the calendar year. Mr. Abella asked whether the Boston Road interchange concept was expected to remain under consideration. Mr. Hanek responded that one of the purposes of the upcoming meeting was to determine which alternatives would continue to advance in the study process. He expressed hope that some Brunswick- Page 1 of 2 Page 9 of related alternatives might be eliminated from further consideration and stated that Council could potentially leave the meeting knowing certain options were no longer being evaluated. MOTIONS: (a) Motion to go out to bid for custodial services for the Brunswick Community Recreation and Fitness Center and the Police Department/City Hall. Mr. DeForest requested authorization to advertise for bids for custodial services for the Brunswick Community Recreation and Fitness Center and the Police Department/City Hall. He explained that the current custodial contract expires on February 28, 2027, and that beginning the bidding process now would provide sufficient time to advertise, receive and evaluate bids, and complete the legislative process before the current contract expires. Mr. DeForest continued that obtaining pricing information during the current budget cycle would also allow the Administration to incorporate the contract costs into development of the 2027 operating budget. He noted that moving forward at this time would provide adequate lead time for the bid process and subsequent contract review. Mr. Delsanter moved to authorize the Administration to go out to bid for custodial services for the Brunswick Community Recreation and Fitness Center and the Police Department/City Hall. Vote – 7 Ayes, 0 Nays. EXECUTIVE SESSION: Mr. Delsanter moved to go into Executive Session at 6:07 p.m. 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. Hanek voluntarily excused himself from Executive Session. Mr. Kuczma moved to adjourn Executive Session at 6:30 p.m. Vote – 7 Ayes, 0 Nays ADJOURNMENT: Being no further business, Mr. Kuczma moved to adjourn at 6:30 p.m. Vote – 7 Ayes, 0 Nays Submitted Respectfully, Deborah Mullen Assistant Council Clerk Page 2 of 2 Page 10 of Committee of the Whole July 6, 2026 IN ATTENDANCE: Pro Tem Joseph Delsanter, Michael Abella Jr., Keith Kuczma, Kristy Piper, Tim Smith, Nate Witsaman. The meeting convened at 6:00 p.m. Mr. Kuczma moved to excuse Mr. Hanek for just cause. Vote – 6 Ayes, 0 Nays DISCUSSION ITEMS: There was none. GENERAL DISCUSSION: The upcoming meeting schedule was discussed. EXECUTIVE SESSION: Mr. Abella moved to go into Executive Session at 6:06 p.m. to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, seconded by Mr. Kuczma. Roll Call - Ayes – 6, Mr. Abella Jr., Mr. Delsanter, Mr. Kuczma, Mrs. Piper, Mr. Smith, Mr. Witsaman. Nays – 0 Mr. Kuczma moved to adjourn Executive Session at 7:13 p.m., seconded by Mr. Witsaman Mr. Kuczma moved to move forward with legislation to appoint Nicholas Hanek as the next City Manager of Brunswick. Vote – 6 Ayes, 0 Nays ADJOURNMENT: Being no further business, Mr. Kuczma moved to adjourn at 7:14 p.m. Vote – 6 Ayes, 0 Nays Submitted Respectfully, Deborah Mullen Assistant Council Clerk Page 1 of 1 Page 11 of THE CITY OF BRUNSWICK PROPOSED LEGISLATION DATE: 7/13/2026 TO: Vice Mayor Nicholas Hanek and Members of City Council FROM: Carl S. DeForest, City Manager Nicholas Hanek COPY: Mayor Ron Falconi LEGISLATION: RES. NO. 33-2026 - A resolution declaring March 6, 2027 as Random Acts of Kindness Day in the City of Brunswick. - 3rd Reading (Parks, Recreation, and Community Committee, Council/Nicholas Hanek) BACKGROUND: Random Acts of Kindness Day is an initiative designed to strengthen community spirit and foster goodwill, compassion and positive connections throughout the community through the intentional performance of acts of kindness (big or small) without expectation of return. PURPOSE AND Council wishes to declare March 6, 2027, Random Acts of Kindness Day and to encourage EXPLANATION: residents and businesses to perform intentional acts of kindness. IMPLEMENTATION Three readings. SCHEDULE: FINANCIAL INFORMATION: FINANCIAL SUMMARY: RECOMMENDED ACTION: One Reading No Two Readings No Three Readings Yes Emergency No Suspension of Rules No If emergency or suspension of the rules, why the request? Page 12 of ADDITIONAL INFORMATION: Page 13 of CITY OF BRUNSWICK, OHIO RESOLUTION NO. 33-2026 BY: Mrs. Piper, Mr. Kuczma, and Mr. Smith A RESOLUTION DECLARING MARCH 6, 2027 AS RANDOM ACTS OF KINDNESS DAY IN THE CITY OF BRUNSWICK. WHEREAS: Random Acts of Kindness Day is a low-cost, high-impact initiative designed to strengthen community spirit and foster goodwill, compassion and positive connections throughout the community through the intentional performance of acts of kindness (big or small) without expectation of return. WHEREAS: THE COUNCIL OF THE CITY OF BRUNSWICK HEREBY RESOLVES: SECTION 1: That this Council hereby declares March 6, 2027 as Random Acts of Kindness Day in the City of Brunswick and encourages individuals, businesses and organizations to perform intentional acts of kindness to strengthen community spirit and foster goodwill, compassion and positive connections throughout the community. SECTION 2: That this Resolution 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 _______ NAYS _______ ATTEST: Clerk of Council Laura E. Timura, MMC Page 14 of THE CITY OF BRUNSWICK PROPOSED LEGISLATION DATE: 7/13/2026 TO: Vice Mayor Nicholas Hanek and Members of City Council FROM: Carl S. DeForest, City Manager Nicholas Hanek COPY: Mayor Ron Falconi LEGISLATION: ORD. NO. 35-2026 - 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 the ordinances in conflict therewith. - 1st Reading (To be brought from Committee-of-the- Whole, Administration/Laura Timura) BACKGROUND: Section 3.18b. of the City Charter provides for the general codification of all City ordinances and resolutions having the force and effect of law and requires that such codification be kept current. PURPOSE AND American Legal Publishing has completed its updating and revision of the Codified EXPLANATION: Ordinances of the City. Various ordinances of a general and permanent nature that have been enacted by Council since the date of the last updating and revision of the Codified Ordinances need to be included in the Codified Ordinances of the City. Certain changes made in the Codified Ordinances to bring City law into conformity with State law. IMPLEMENTATION One reading with emergency and suspension of the rules. SCHEDULE: FINANCIAL INFORMATION: FINANCIAL As of May 31, 2026, $19,535.00 remained on the American Legal Publishing P.O. #2026- SUMMARY: 62404A for services related to keeping the Codifieds up to date. This P.O. is encumbered to account #001-0100-54279, and the original amount of the purchase order was $20,000.00. RECOMMENDED ACTION: One Reading Yes Two Readings No Three Readings No Page 15 of Emergency Yes Suspension of Rules Yes If emergency or suspension of the rules, why the request? That it is immediately necessary to have an up-to-date codification of the laws of the City, pursuant to Section 3.18b. of the City Charter, that is in conformity with State Law, where such conformity is required by Article XVIII, Section 3, of the Ohio Constitution, with which to administer the affairs of the City and to preserve law and order of the City. ADDITIONAL INFORMATION: Page 16 of CITY OF BRUNSWICK, OHIO ORDINANCE NUMBER 35-2026 By: Committee of the Whole 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. WHEREAS: Section 3.18b. of the City Charter provides for the general codification of all City ordinances and resolutions having the force and effect of law and requires that such codification be kept current; and WHEREAS: American Legal Publishing has completed its updating and revision of the Codified Ordinances of the City; and WHEREAS: Various ordinances of a general and permanent nature that have been enacted by Council since the date of the last updating and revision of the Codified Ordinances need to be included in the Codified Ordinances of the City; and WHEREAS: Certain changes made in the Codified Ordinances to bring City law into conformity with State law. THE COUNCIL OF THE CITY OF BRUNSWICK HEREBY ORDAINS: SECTION 1: That the editing, arrangement, and numbering or renumbering of the ordinances and parts of ordinances attached hereto as “Exhibit “A” as though fully herein written, are hereby approved as parts of the various component codes of the Codified Ordinances of the City of Brunswick, Ohio, so as to conform to the classification and numbering system of the Codified Ordinances. SECTION 2: That the sections of the Traffic and General Offenses Codes, as amended and attached hereto as Exhibit “B” as though fully herein written, are hereby approved and adopted as amended or enacted so as to conform to enactments of the Ohio General Assembly. SECTION 3: That all ordinances and resolutions and parts thereof that are in conflict with any of the provisions of the new matter approved, adopted, and listed on Exhibit “A” and in Section 1 are hereby repealed, except as follows: (a) The enactment of such matter shall not be construed to affect a right of liability accrued or incurred under any legislative provision prior to the effective date of such enactment, or any action or proceeding for the enforcement of such right or liability. Such enactment shall not be construed to relieve any person from punishment for an act committed in violation of any such legislative provision or to affect an indictment or prosecution therefor. For such purposes, any such legislative provision shall continue in full force notwithstanding its repeal for the purposes of revision and recodification. Page 17 of (b) The repeal provided above shall not affect any legislation enacted subsequent to June 22, 2026. SECTION 4: That a copy of this ordinance shall be posted as set forth in Section 222.01 of the Codified Ordinances. A copy shall also be furnished to City Officers, Medina County Law Library, and the Brunswick Public Library. SECTION 5: That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public health, safety, and welfare, and for the additional reason that it is immediately necessary to have an up-to-date codification of the laws of the City, pursuant to Section 3.18b. of the City Charter, that is in conformity with State Law, where such conformity is required by Article XVIII, Section 3, of the Ohio Constitution, with which to administer the affairs of the City and to preserve law and order of the City. Therefore, this Ordinance and the May 2026 Replacement Pages for the Codified Ordinances, hereby approved, adopted, and enacted, shall be in full force and effect from and after its passage by the required number of votes, as set forth in Section 3.16 of the City Charter. PASSED: 1st Reading Rules Suspended: AYES NAYS ADOPTED: AYES NAYS ATTEST: Clerk of Council Laura E. Timura, MMC Page 18 of EXHIBIT “A” Ord. No. Date C.O. Section 94-2025 11-24-25 1468.04, 1468.05 103-2025 12-15-25 Repeals 234.06 111-2025 12-15-25 November 2025 Replacement Pages 12-2026 3-9-26 Part 12, Appx. F 16-2026 3-9-26 866.02(c) 24-2026 4-13-26 624.01, 624.04, 624.06, 624.09, 624.12, 624.16 Page 19 of EXHIBIT “B” Traffic Code 404.083 Impounding Vehicles on Public Property. (Amended) 432.38 Stopping for School Bus; Discharging Children. (Amended) 432.48 Restrictions on the Operation of School Buses. (Amended) 434.01 Driving or Physical Control While Under the Influence. (Amended) General Offenses Code 606.10 Falsification. (Amended) 612.09 Hours of Sale or Consumption. (Amended) 618.01 Definitions. (Amended) 618.08 Registration of Dogs Required; Tags to Be Worn By Dogs. (Amended) 618.09 Transfer of Dog Ownership. (Added) 618.10 Requirement to Properly Confine or Restrain A Dog. (Added) 618.32 Vicious, Dangerous and Nuisance Dog Acts. (Added) 618.33 Vicious and Dangerous Dog Ownership Requirements. (Added) 618.26 Rabies Quarantine. (Added) 618.34 Duties After Dog Bites Person. (Added) 618.35 Sale and Transportation of Dogs. (Added) 618.36 Possession of Certain Dogs by Convicted Felons Prohibited. (Added) 624.01 Drug Abuse Definitions. (Amended) 624.12 Drug Paraphernalia. (Amended) 630.01 Gambling Definitions. (Amended) 642.01 Theft and Fraud Definitions. (Amended) 666.16 Dissemination of Private Sexual Images. (Repealed) Page 20 of THE CITY OF BRUNSWICK PROPOSED LEGISLATION DATE: 7/13/2026 TO: Members of City Council FROM: Committee of the Whole COPY: Mayor Ron Falconi LEGISLATION: RES. NO. 36-2026 - A resolution appointing Nicholas J. Hanek as City Manager/Safety Director of the City of Brunswick. 1st Reading (To be brought from Committee-of-the- Whole, Council/Joseph Delsanter) BACKGROUND: Carl S. DeForest will be separating employment, and Brunswick City Council is in the process of selecting and appointing a replacement as City Manager/Safety Director. Pursuant to Section 4.01(a) of the Brunswick City Charter, City Council appoints the City Manager/Safety Director, with a minimum of five (5) votes being necessary for appointment, who shall serve for an indefinite tenure at the pleasure of City Council. PURPOSE AND Brunswick City Council had prepared the attached Employment Agreement and EXPLANATION: Resolution appointing Nicholas J. Hanek as City Manager/Safety Director effective April 5, 2027. IMPLEMENTATION The intent is to be read for first reading on July 13, 2026. SCHEDULE: FINANCIAL INFORMATION: FINANCIAL Costs will be calculated in accordance with the agreement and included in the 2027 SUMMARY: proposed appropriation budget. RECOMMENDED ACTION: One Reading No Two Readings No Three Readings Yes Emergency No Suspension of Rules No If emergency or suspension of the rules, why the request? ADDITIONAL INFORMATION: Page 21 of CITY OF BRUNSWICK, OHIO RESOLUTION NO. 36-2026 BY: Committee-of-the-Whole A RESOLUTION APPOINTING NICHOLAS J. HANEK AS CITY MANAGER/SAFETY DIRECTOR OF THE CITY OF BRUNSWICK. WHEREAS: Pursuant to Section 4.01(a) of the Brunswick City Charter, City Council appoints the City Manager/Safety Director, with a minimum of five (5) votes being necessary for appointment, who shall serve for an indefinite tenure at the pleasure of City Council. WHEREAS: THE COUNCIL OF THE CITY OF BRUNSWICK HEREBY RESOLVES: SECTION 1: That Nicholas J. Hanek is hereby appointed as the City Manager/Safety Director of the City of Brunswick commencing April 5, 2027, who shall serve in such capacity for an indefinite tenure at the pleasure of City Council, pursuant to the terms and conditions of the Employment Agreement attached hereto as Exhibit “A”. SECTION 2: That this Resolution 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 NAYS ATTEST: Clerk of Council Laura E. Timura, MMC Page 22 of CITY OF BRUNSWICK EMPLOYMENT AGREEMENT This Employment Agreement (the “Agreement”) is made and entered into this ______ day of _________________, 2026, by and between the Council of the City of Brunswick, Ohio (the “Council”), a Municipal Corporation, hereinafter called “Employer”, and Nicholas J. Hanek, hereinafter called “Employee” (collectively referred to herein as the “Parties”) both of whom agree and understand as follows: WITNESSETH: WHEREAS, Employer desires to enter into an Employment Agreement with Nicholas J. Hanek covering salary and benefits for the position of City Manager/Safety Director of the City of Brunswick (the “City”), which employment is to commence on April 5, 2027 (the “Effective Date”); WHEREAS, it is the desire of the Council to provide certain benefits, to establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, the Parties acknowledge that, at or prior to the Effective Date, Employee shall be a member of the International City/County Management Association (“ICMA”) and that Employee will be subject to the ICMA Code of Ethics. WHEREAS, the Parties further acknowledge that Employee is licensed to practice law in the State of Ohio and is subject to the Ohio Rules of Professional Conduct. NOW THEREFORE, in consideration of the mutual covenants herein contained, the Parties hereto agree as follows: SECTION 1: DEFINITIONS Except as qualified or otherwise revised in this Agreement, the terms herein listed shall denote the following: A. “Benefits” shall mean and refer collectively to the following: 1. Sick Leave 2. Vacation Time 3. Automobile Allowance 4. Health Insurance 5. Life Insurance 6. Professional Development Expenses 7. Fidelity Bond 8. Cellular Telephone 9. Deferred Compensation 1 Page 23 of B. “Charter” shall mean and refer to the Charter of the City of Brunswick, Ohio. C. “Compensation” shall mean and refer collectively to the “Salary” plus “Benefits”. D. “Salary” shall mean and refer to the base annual salary, without addition of any other Benefit or element of Compensation included. SECTION 2: DUTIES OF EMPLOYEE Employer hereby agrees to the employment of said Employee, Nicholas J. Hanek, as City Manager/Safety Director of the City to perform such functions and duties as are specified in the Charter, including, but not limited to, Article IV, setting forth the appointment, qualifications, removal, resident requirements, and powers and duties, and to perform such functions and duties under the laws of the City of Brunswick and the State of Ohio and to perform other legally permissible and proper duties and functions as Council shall from time to time assign (collectively referred to herein as the “Duties”). SECTION 3: TERM This Agreement shall remain in full force and effect until terminated by the Employer or the Employee as provided in Section 5 or 6 of this Agreement. Subject only to the provisions set forth in Section 4 and 5 of this Agreement, nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Council to suspend or terminate the services of Employee at any time. The Parties recognize and accept that neither the existence nor the terms of this Agreement alter Employee’s status as an at- will employee of the City. In addition, nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time, subject only to the provisions set forth in Sections 5 and 6 of this Agreement. SECTION 4: SUSPENSION Employer may suspend the Employee from his Duties at any time, with or without cause, pursuant to Article IV, Section 4.01 of the Charter, with or without continuation of some or all of Employee’s Compensation, as five (5) members of the seven (7) constituted Council shall determine in their unfettered discretion. SECTION 5: TERMINATION AND SEVERANCE BENEFITS Employer may terminate Employee at any time, with or without cause, subject to the provisions of Article IV, Section 4.01 of the Charter, and subject to the provisions of this Section 5 of this Agreement. In the event Employee is terminated for conviction of a crime of moral turpitude or of a felony (“for cause termination”), Employee is entitled to no Compensation of any kind under 2 Page 24 of this Agreement, including without limitation any Severance Benefits (defined below), for any period following the date of the commission of such crime. Severance Benefits shall be paid to the Employee when employment is terminated by Council, for reasons other than for cause termination, then in that event Employer agrees to pay Employee a lump sum cash payment, unless otherwise agreed to by the Employer and Employee, due on the date designated as the last upon which Employee will perform Duties pursuant to this Agreement (the “Termination Date”), comprising the following Compensation elements (hereinafter collectively the “Severance Benefits”); 1. Six (6) months of Salary, without payment of Employee’s contribution to Ohio Public Employees Retirement System; and 2. Vacation Time accumulated and unused as of the Termination Date, subject to Section 12 of this Agreement. Council, in any termination or removal proceeding, other than for cause termination as defined in this Agreement, shall not be bound by the requirements of Article IV, Section 4.01, of the Brunswick City Charter. Nothing in this Section 5, of this Agreement or the Charter creates, or shall be construed as creating, anything other than an at-will employment relationship between Employer and Employee. Council, in any termination other than one involving a crime of moral turpitude or a felony, shall provide the Employee with thirty (30) calendar days written notice of intent to terminate. Nothing in this Section 5, of this Agreement or the Charter creates, or shall be construed as creating, anything other than an at-will employment relationship between Employer and Employee. The termination or removal procedure set forth in this Agreement for terminations other than for cause termination are in lieu of any inconsistent removal procedure contained in the Brunswick City Charter. In consideration of the Severance Benefits, the Employee waives any right to the removal procedures as set forth in Section 4.01 of the Charter for terminations other than for cause. Employee agrees that in the event he is terminated under Section 5 of this Agreement or he resigns pursuant to Section 6 of this Agreement, he shall, within thirty (30) days before separation, create a satisfactory detailed exit report to Council describing all current activities and projects as well as detailing ongoing City matters and business interests to assist in any transition. Employee further agrees he will, at his own expense, take all necessary action and participate with any necessary transition with a successor City Manager/Safety Director as requested by Council. Employee also agrees that he will not use any information, data or source against the Employer to hinder City income revenue sources, or to attempt to have any business (current or prospective at the time of separation) move from or not enter the City. If the Employer, citizens or Council act to amend any provision of the Charter pertaining to the role, powers, duties, authority or responsibilities of the Employee’s position that substantially changes the form of government, the Employee shall have the right to declare that such amendments constitute termination. 3 Page 25 of If the Employee resigns following a formal offer to accept resignation by the Employer in terminations other than for cause as defined in this Section, then the Employee may declare a termination as of the date of resignation. SECTION 6: RESIGNATION Employee may voluntarily resign his position with Employer upon no less than three (3) months advance written notice, unless the Parties agree otherwise in writing. Such resignation shall be deemed effective upon the last date of the advance notice period given (the “Resignation Date”). Employee shall not be permitted to utilize Vacation Time during such three (3) month written notice period. Notwithstanding anything to the contrary in this Agreement, in the event that Employee resigns, Severance Benefits, which will be due to Employee on the Resignation Date, shall comprise and include only Vacation Time accumulated and unused as of the Resignation Date, subject to the applicable provisions and restrictions of Section 13(A) of this Agreement. In the event the Employee has utilized Vacation Time which was credited but not yet accrued, the Employee shall reimburse the Employer on a pro-rata basis. Neither Employee’s tender of resignation nor intent to resign shall affect, impair or diminish either Employer’s right to suspend or terminate Employee, or any other right of Employer’s under the Charter or this Agreement, including without limitation, provisions in Section 5 herein resulting in Employee being denied all Severance Benefits or other compensation. SECTION 7: SALARY The Employee’s Salary shall be set at One Hundred Sixty-Five Thousand Dollars ($165,000.00) annually, effective from the Effective Date until modified or amended by official action of Council. The Salary shall be payable in installments at the same time and in the same manner as other Managerial employees of the Employer are paid. Employee shall receive a two and three-quarters percent (2.75%) pay increase each subsequent year effective January 1st. Effective April 5, 2027, the Employee shall receive longevity payment according to the schedule for all other administrative employees. As of April 5, 2027, Employee will start at the eleven (11) year rate. It is recognized and accepted by the Parties that Employee is an exempt employee for purposes of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., and is not eligible for either overtime pay or compensatory time pay. SECTION 8: PERFORMANCE EVALUATION The Council may review and evaluate the performance of the Employee annually in advance of the adoption of the annual operating budget. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Said criteria may be added to or deleted from as the Council may from time to time determine upon prior notice to Employee. Further, the Council may choose to provide the Employee with a 4 Page 26 of summary written statement of the findings of Council concerning Employee’s performance and provide an adequate opportunity for Employee to discuss his evaluation with the Council. Annually, the council and the Employee shall define and reduce to writing such goals and performance objectives that they determine to be necessary for the proper operation of the City and in the attainment of the Council’s policy objectives and shall further establish a relative priority among those various goals and objectives. Such goals and performance objectives shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. In effective the provisions of this Section, the council and Employee mutually agree to abide by the provisions of applicable law and the Brunswick City Charter. SECTION 9: HOURS OF WORK It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the Employer. Accordingly, and solely for the purpose of calculating Severance Benefits under Sections 5 and 6 of this Agreement, amounts determined pursuant to this Agreement requiring a dollar value of e.g., one (1) hour or of one (1) day of Employee’s work time will be calculated using the following assumed values: 1. Ten (10) worked hours/day, or fifty (50) worked hours/week, or 2,600 worked hours/year 2. Value of one (1) work hour = (Base Salary/2,600 hours/year) 3. Value of one (1) work day = (Base Salary/2,600 hours/year) x 10 hours/day Subject to Council’s discretion under the Charter, nothing in this Section or in this Agreement shall be deemed to set or require a fixed minimum number of hours to be worked daily by Employee. SECTION 10: RESIDENCY Per Charter Section 4.02, Employee will maintain residency in the City during the term of his employment and will establish such residency within six (6) months from the Effective Date. This is a material term of this Agreement and a material term of Employee’s employment. SECTION 11: AUTOMOBILE ALLOWANCE Employee’s duties require use of a motor vehicle. Employer will provide a set Automobile Allowance per month (full or partial month) of no more than Four Hundred Fifty Dollars ($450.00) effective the first payroll after the Effective Date of this Agreement. 5 Page 27 of SECTION 12: VACATION TIME AND SICK LEAVE Employee shall accrue, and have credited to his personal account, Vacation Time at the rate of five (5) weeks per calendar year as prorated to the Effective Date. The Vacation Time in this Section is eligible for use by the Employee effective as of April 5, 2027 and January 1st of each successive calendar year, subject to any credit or reimbursement by the Employee upon resignation or termination as set forth in this Agreement. For purposes of determining Severance Benefits under Section 5 of this Agreement or reimbursement upon resignation, Vacation Time shall be deemed to accrue at the rate of one and one-quarter (1.25) week per calendar quarter, with one and one-quarter (1.25) week accruing on the first date in January, April, July and October of each year during the term of this Agreement. a. For purposes of determining Severance Benefits or reimbursement, the value of any Vacation Time already used but not yet accrued shall be deducted from the total Vacation Time determined to be accrued to calculate a net amount of Vacation Time owed to Employee or reimbursed by the Employee to the Employer. Unused Vacation Time will carry over to the next calendar year. Employee shall accrue, and have credited to his personal account, Sick Leave at the rate of four and six-tenths (4.6) hours for every eighty (80) hours of work. Additionally, Employee’s personal account shall include Employee’s previously accrued Sick Leave in accordance with Ohio Administrative Code Rule 123:1-32-10 upon formal transfer thereof from the Ohio Public Employee’s Retirement System, which transfer shall be the sole responsibility of Employee. 1. Employee shall accrue his Sick Leave in accordance with the procedures and policies set forth in the then current Brunswick Employee Handbook and Policy Manual. 2. Employee may accumulate Sick Leave and roll unused hours forward from year to year during the term of this Agreement. 3. When Employee’s employment with Employer ends due to Employee’s retirement, Employee may redeem, provided he is pensionable, unused Sick Leave by accepting the cash equivalent value of one-fourth (1/4) of the gross accumulated unused Sick Leave hours, not to exceed two hundred forty (240) hours as certified by the Director of Finance. Further, in order to receive a Sick Leave conversion payment under this Section, the Employee must be eligible to receive a pension from any State of Ohio pension system (i.e., he must be “pensionable”). 6 Page 28 of SECTION 13: HEALTH AND LIFE INSURANCE Within ninety (90) days of the Effective Date, Employer agrees to provide medical, prescription, dental and vision insurance coverage for Employee and his dependents equal to that which is provided to all other employees of the Employer under the plan covering such benefits currently in effect for such employees (the “Insurance Coverage”). Further, as of the Effective Date, the City will utilize its best efforts to provide Insurance Coverage to Employee and his dependents and, accordingly, will request Employee be granted Insurance Coverage prior to the normal ninety (90) day waiting period. However, it is the insurance carrier’s Underwriting Department that makes the final determination as to such insurance coverage, which Employee expressly recognizes. Employee shall pay the same monthly premium contribution for insurance coverage as other City employees based upon the Plan chosen and the Policy of the City. The Employer will provide, at Employer’s expense, Life Insurance on Employee with a death benefit in the amount equal to two (2) years of Salary. If requested by Employer, Employee agrees to submit to three (3) annual drug screening tests at times randomly selected by Employer, in Employer’s sole discretion, the cost of which shall be paid by the Employer. SECTION 14: RETIREMENT CONTRIBUTIONS Employer further agrees to pay the Employee’s share of contribution to the Ohio Public Employee’s Retirement System (“OPERS”) pursuant to applicable City policy, Employee Handbook and Policy Manual. Employer agrees to pay into a City Deferred Compensation Plan of Employee’s choosing, on the Employee’s behalf, the amount of Six Percent (6%) of the Employee’s base salary in equal proportionate amounts each pay period. SECTION 15: DUES AND SUBSCRIPTIONS, PROFESSIONAL DEVELOPMENT, CIVIC ORGANIZATIONS AND GENERAL EXPENSES As the City Manager/Safety Director of the City, the Employee will be responsible for all administration and policies of the City, and the Employer agrees to budget and pay for all reasonable professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, and local Associations and Organizations necessary and desirable for his continued professional participation, growth and advancement for the good of the Employer, including but not limited to: (a) the International City/County Management Association (“ICMA”); (b) the biennial lawyer registration fee to the Ohio Supreme Court to maintain active status; and (c) the costs to complete Continuing Legal Education courses as required by the Ohio Supreme Court. Payment of such professional dues and subscriptions shall require Council approval. 7 Page 29 of Employer may, at its discretion, also approve and pay for reasonable official travel and subsistence expenses of Employee for professional meetings and conferences for the professional development of Employee and to adequately pursue necessary official functions for the Employer. Employer recognizes the desirability of representation in and before local civic and other organizations. Employee is authorized to become a member of such civic clubs or organizations, for which Employer may elect, at its discretion, to pay all reasonable expenses relative thereto. SECTION 16: INDEMNIFICATION In addition to that required under State and Local law, and under the Charter, Employer shall defend Employee against any tort, professional liability action, claim, suit, demand or other legal action (collectively “Claims”), whether groundless or otherwise, arising out of any alleged act or omission occurring in the performance of the Employee’s Duties, if and only if Employee acted in good faith and in a manner he reasonable believed to be in or not opposed to the best interests of the Employer, and, with respect to any criminal action or proceeding, if and only if he had no reasonable cause to believe his conduct was unlawful. Employer will cooperate fully in endeavoring to compromise and settle any such Claims and shall pay the amount of any settlement or judgment rendered in such Claims, to the extent that such is not covered by insurance. Employer shall bear the costs of all expenses incurred in defending any such Claims against the Employee as a result of performance of the Employee’s duties as City Manager/Safety Director, subject to the conditions as set forth in Section 17 herein. Notwithstanding anything to the contrary herein, in no event will Employer pay any amount attributable to punitive damages awarded against Employee, or for which he is liable, or any amount attributable to penal fines or restitution orders arising out of Employee’s unlawful appropriation of funds or property owned by or in the lawful possession or custody of Employer. SECTION 17: BONDING Employer shall bear the full cost of any fidelity or other bond or bonds required of the Employee under any law, ordinance, or Charter provision. SECTION 18: CELLULAR TELEPHONE Employee shall be provided with a cellular telephone, at Employer’s cost, through the City’s current cellular telephone package. SECTION 19: OTHER TEMS AND CONDITIONS OF EMPLOYMENT The Council, in consultation with Employee, shall fix any other terms and conditions of employment as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the 8 Page 30 of provisions of this Agreement, the Charter, or any other applicable law or constitutional provision. Except to the extent modified by this Agreement, all provisions of the Charter and the Brunswick City Code, the Employee Handbook and Policy Manual, and the regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays, and other benefits and working conditions as they now exist or hereafter may be amended, shall apply to Employee as they would to other employees of the Employer in addition to said Benefits enumerated specifically for the benefit of Employee. SECTION 20: NO REDUCTION OF BENEFITS Employer shall not at any time during the Term of this Agreement, reduce the Salary, Compensation, or other Benefits of Employee set forth herein unless agreed to by both Parties hereto in writing. SECTION 21: NOTICES Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage pre-paid, addressed as follows: EMPLOYER: Clerk of the Brunswick City Council 4095 Center Road Brunswick, OH 44212 And Brunswick City Law Director 4095 Center Road Brunswick, OH 44212 EMPLOYEE: Nicholas J. Hanek 4236 Cherryshire Drive Brunswick, OH 44212 Alternatively, notice as required pursuant to this Agreement may be personally served in the same manner as is provided by the Ohio Rules of Civil Procedure. Notice shall be deemed given as of the date of personal service or, as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. SECTION 22: SEVERABILITY In the event that any portion of this Agreement shall be found to be invalid or unenforceable by a court of competent jurisdiction, it is agreed that the invalidity or unenforceability shall not affect any other portion of this Agreement, and the remaining covenants and restrictions shall remain in full force and effect. 9 Page 31 of SECTION 23: GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. SECTION 24: GENERAL PROVISIONS The City Manager/Safety Director is the highest appointed official of the City of Brunswick. He is, therefore, required at all times, on duty and off, to conduct himself in an ethical, civil and appropriate manner, with integrity, befitting his high public position in the Brunswick community. The City Manager/Safety Director shall conform at all times to the ICMA Code of Ethics, the Ohio Rules of Professional Conduct, the City of Brunswick Employee Handbook and Policy Manual, all applicable laws and ordinances of Brunswick, Ohio, including the City Charter, and all applicable federal and state laws. This Agreement embodies the entire agreement and understanding between the Employer and Employee, and there are no other agreements, representations, warranties, or understandings, oral or written, between the Parties with respect to the subject matter of this Agreement. Neither has either Party hereto in executing this Agreement relied upon any statements, facts or representations not included herein. No modification or change of this Agreement shall be valid unless made in a writing signed by both Parties hereto. This Agreement shall be binding upon and inure to the benefit of the heirs at law, next of kin, and personal representatives of the Employee and to any successor or assign of Employer. In any controversy involving the Parties hereto that arise out of or relates to the existence, interpretation, breach and/or enforcement of this Agreement, the Parties shall each bear their own attorney’s fees and costs of litigation. [SIGNATURE PAGE TO FOLLOW] 10 Page 32 of IN WITNESS WHEREOF, the Parties hereto have caused this Employment Agreement to be executed as of the date first indicated above. CITY OF BRUNSWICK BY IT’S COUNCIL MEMBERS NICHOLAS J. HANEK _____________________________________________ ________________________________________________ Joe Delsanter, Vice Mayor Pro Tempore _____________________________________________ Mike Abella Jr. _____________________________________________ Kristy Piper ____________________________________________ Tim Smith ____________________________________________ Keith Kuczma ____________________________________________ Nate Witsaman ATTESTED TO BY: _____________________________________________ Laura E. Timura, MMC Clerk of Council APPROVED AS TO FORM: ____________________________________________ Dennis A. Nevar, Law Director City of Brunswick, Ohio 11 Page 33 of
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