City Council

City of Middleburg Heights, Ohio Council Agenda October 13,2020 7:00 P.M.REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting of September 22,2020 Minutes ofthe Executive Session of September 22,2020 COMMUNICATIONS AUDIENCE PARTICIPATION APPOINTMENTS AND CONFIRMATIONS ORDINANCES.RESOLUTIONS AND MOTIONS 1. City Parks, Recreation & Services Committee- Mr. Ali, Chairman 2. Finance, Taxation & Assessments Committee- Mr. Bortolotto, Chairman 3. Legislation & Rules Conunittee- Mr. Ference, Chairman 4. Public Health, Safety & Relief Committee - Mr. McGregor, Chairman 5. Public Improvements Committee - Mr. Sage, Chairman 6. Streets, Utilities & Railroad Committee - Mr. Meany,Chairman 7. Zoning & Building Code Committee- Mr. Grech, Chairman MAYOR’S REPORT 1. Law Director 2. Finance Director 3. Recreation Director 4. Economic Development Director 5. Service Director 6. Executive Assistant ADJOURNMENT  City of Middleburg Heights,Ohio Council Agenda October 13,2020 Page 2 2020 PENDING LEGISLATION 32 Grech An Ordinance amending Section 1133.14 of the Middleburg 1st. Rdg. 3-24-20 Heights Zoning Code. Refer to Planning 3-24-20 2nd. Rdg. 6-9-20 Pub. Hrg. 9-8-20 UN-NUMBERED LEGISLATION Borbolobbo An Ordinance to make supplemental appropriations for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2020 and declaring an emergency. Borbolobbo A Resolution authorizing the sale of certain city owned vehicles no longer needed for any municipal purpose. Borbolobbo A Resolution authorizing the mayor and finance director to enter into a contract with Travelers Insurance Company and The Fedeli Group for the city’s insurance coverages, and declaring an emergency. McGregor An Ordinance authorizing the mayor and finance director to renew the contract with the Cuyahoga County General Health District for public services. Mayor Gas belli An Ordinance establishing a temporary moratorium on the acceptance and processing of applications for zoning, occupancy, and/or building permit approvals for storage facilities and declaring an emergency. Mayor Gas belli An Ordinance authorizing the mayor and finance director to enter into a purchase agreement for the purchase of certain real estate in the city of Middleburg Heights to be used for the construction of Abram Creek detention basins near Big Creek Parkway project and declaring an emergency.  City of Middleburg Heights, Ohio J V Council Agenda October 13, 2020 Page 3 ZONING & BUILDING CODE COMMITTEE - Mr. Grech. Chairman 11-27-18 Request from Fabo Architecture, Inc. to rezone land on Pearl Road form general business to retail service for construction of a vet clinic 4-23-19 Request from Clean Express Auto Wash Middleburg Bagley LLC to rezone land on Bagley Road from general business to motorist service and restaurant amusement and recreational services 6-25-19 Review Airbnb regulations 9-10-19 Request from Middleburg Heights Healthcare and Rehabilitation Real Estate LLC to rezone land north of American Veterans Parkway to senior residence/life care district 9-24-19 Discussion regarding ordinance regulating fences FINANCE. TAXATION & ASSESSMENTS COMMITTEE - Mr. Bortolotto. Chairman CITY PARKS. RECREATION & SERVICES COMMITTEE - Mr. Ali. Chairman 2-13-18 Dog Park 11-13-18 Ordinance No. 2018-92, Dedicated space for seniors in community center 2-26-19 Proposed Charter Amendments- mayor term limits/firing of directors LEGISLATION & RULES COMMITTEE - Mr. Ference. Chairman 2-26-13 Vote Abstention Rule 9-10-19 Term Limits PUBLIC HEALTH. SAFETY & RELIEF COMMITTEE - Mr. McGregor. Chairman 9-22-90 Hotel/Motel Security Legislation PUBLIC IMPROVEMENTS COMMITTEE - Mr. Dan Sage. Chairman 6-26-12 Police Department Expansion Project or new facility STREETS. UTILITIES & RAILROAD COMMITTEE - Mr. Meanv. Chairman 1-22-19 Letter from Diane Bickett, Executive Director, dated January 7, 2019 regarding ratification of the Cuyahoga County Solid Waste Management Plan update AD-HOC COMMITTEE 12-22-09 Preservation of the Little Red School House October 13, 2020 Regular Council Meeting Tue, Oct 13, 2020 7:00 PM - 9:00 PM (EOT) Please join my meeting from your computer, tablet or smartphone. https://global.eotomeetinR.com/ioin/642542573 You can also dial in using your phone. United States: +1 (571) 317-3122 Access Code: 642-542-573 Join from a video-conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com Meeting ID: 642 542 573 Or dial directly: 642542573@67.217.95.2 or 67.217.95.2##642542573 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://Rlobal.RotomeetinR.com/install/642542573  delivered ocr 0 s 20211 City of Middleburg Heights, Ohio Ordinance No. 2020- Introduced by; Mr. Bortolotto, Mr. Meany and Mr. Grech AN ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENDITURES AND EXPENSES FOR THE CITY OF MIDDLEBURG HEIGHTS FOR THE CALENDAR YEAR 2020 AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS,CUYAHOGA COUNTY,STATE OF OHIO: Section 1. That in order to provide for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2020, the following sums be appropriated from the General Fund: Increase Description (Decrease) Gen. Govt. - Other - Misc. Contr. Services(3 Nuisance Demolitions) $ 56,350.00 Law - Other - Professional Services $ 15,000.00 Total Increase to the General Fund $ 71,350.00 Section 2. That in order to provide for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2020, the following sums be appropriated from the Law Enf Contraband Seizure Fund: Increase Description (Decrease) Police - Capital - Detective Vehicle $ 17,300.00 Police - Capital - Protective Gear $ 12,500.00 Total Increase to the Law Enf. Contraband Seizure Fund $ 29,800.00 Section 3. That in order to provide for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2020, the following sums be appropriated from the Capital Improvements Fund: Increase Description (Decrease) Building - Capital - Used SUV $ 17,000.00 Total Increase to the Capital Improvements Fund $ 17,000.00 Section 4. That it is hereby found and determined that all formal actions of this council concerning and relating to the passage of this ordinance were adopted in an open meeting of this council, and that all deliberations of this council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements including chapter 107 of the Codified Ordinances and section 121.22 of Ohio Revised Code. Section 5. That this ordinance is hereby declared to be an emergency measure, immediately necessary for the preservation of the public peace, health and safety of the citizens of the City of Middleburg Heights, Ohio. Such emergency being the necessity of supplementing appropriations from the above listed funds and accounts in order to allow the City to pay outstanding obligations of the City for the year 2020. Therefore, this ordinance shall take effect and be in force immediately upon its passage and approval by the Mayor. PASSED PRESIDENT OF COUNCIL ATTEST: CLERK OF COUNCIL PRESENTED TO MAYOR APPROVED ON: YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR FERENCE GRECH  DELIVERED OCT g 6 ?0?0 City of Middleburg Heights, Ohio Ordinance No. 2020- Introduced by: Mr. Bortolotto, Mr. Meanv, and Mr. Grech A RESOLUTION AUTHORIZING THE SALE OF CERTAIN CITY OWNED VEHICLES NO LONGER NEEDED FOR ANY MUNICIPAL PURPOSE WHEREAS, the City has title to a 2012 Dodge Charger VIN 2C3DXAT0CH260986 and a 2015 Dodge Charger VIN 2C3DXAT8FH795438 which are no longer needed for any municipal purpose. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS,STATE OF OHIO, AS FOLLOWS: Section 1: That the Service Director and Police Chief are hereby authorized to sell a 2012 Dodge Charger VIN 2C3DXAT0CH260986 and a 2015 Dodge Charger VIN 2C3DXAT8FH795438 through the Greater Cleveland Auto Auction. Section 2. That it is hereby found and determined that all formal actions of this council concerning and relating to the passage of this ordinance were adopted in an open meeting of this council, and that all deliberations of this council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements including chapter 107 of the Codified Ordinances and section 121.22 of Ohio Revised Code. PASSED PRESIDENT OF COUNCIL ATTEST: CLERK OF COUNCIL PRESENTED TO MAYOR APPROVED ON: YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR FERENCE GRECH  , delivered ocr o s ^ City of Middleburg Heights, Ohio LiabInsRes2020 Resolution Number 2020- Introduced By: Mr. Bortolotto, Mr. Meany and Mr. Grech A RESOLUTION AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH TRAVELERS INSURANCE COMPANY AND THE FEDELI GROUP FOR THE CITY’S INSURANCE COVERAGES, AND DECLARING AN EMERGENCY WHEREAS,Sealed Bids were received and opened by the Director of Finance of the City of Middleburg Heights, Ohio on September 25, 2020 at 11:00 A.M., for the purchase of various insurance coverages for the City of Middleburg Heights for the period beginning October 30, 2020 through October 30, 2021, in accordance with specifications on file with the Clerk of Council and; WHEREAS, It is the recommendation of the City’s Risk Manager that it is in the City’s best interest to accept the proposal/renew all of the existing insurance coverage’s with Travelers Insurance Company through The Fedeli Group for the period October 30, 2020 through October 30, 2021. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, CUYAHOGA COUNTY,STATE OF OHIO; Section 1. That the City’s existing insurance coverage’s with Travelers Insurance Company through The Fedeli Group be renewed for the period October 30, 2020 through October 30, 2021 for the following coverages in the amount of $326,469 is hereby accepted: Property package. Boiler and Machinery, Automotive and Comprehensive General Liability Insurance, Public Officials, Comprehensive Law Enforcement Liability Insurance, EMS Liability, Crime, Earth Movement & Flood Coverage, Terrorism Property Coverage, Employees Legal Liability, Employment Practice Liability, Inland Marine, and Blanket, Catastrophic Excess Liability through Travelers Insurance Company: Section 2. That there is hereby appropriated an additional $85,948.75 from the General Fund and $7,232.25 from the Recreation Fund to implement this Resolution. Section 3. It is found and determined that all formal actions of this council concerning and relating to the passage of this ordinance were adopted in an open meeting of this council and that all deliberations of this council and any of its committees that resulted in such formal actions were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of Ohio Revised Code. Section 4. That this ordinance is declared to be a measure for the preservation of the public peace, health, and safety of the citizens of the City of Middleburg Heights, Ohio, the immediate emergency being the necessity of the continuation of insurance beyond October 30, 2020, therefore, this ordinance shall be in full force and effect immediately upon its passage and signature of the Mayor. PASSED PRESIDENT OF COUNCIL ATTEST PRESENTED TO MAYOR APPROVED ON YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR FERENCE GRECH  P.O. Box 31014 Compensation Analysis, Inc. Cleveland, OH 44131 (216)780-3605 (216)642-8830 Fax October 1, 2020 Jason Stewart Finance Director City of Middleburg Heights 15700 Bagley Road Middleburg Heights, OH 44130 Via: Electronic & Regular Mail RE: Recommendations for the 2020-21 Insurance Program Dear Jason: A Request for Proposal opening was conducted on September 25, 2020 at 11:00 AM, at 15700 Bagley Road Middleburg Heights, OH 44130; sealed proposals for the 2020-2021 City Insurance Program were opened. No agents attended the RFP opening however, you and I were present representing the City. While six agencies took specifications only two provided proposals including one by the incumbent agent. I would note the below agencies took specifications but contacted me during the course of the RFP indicating that would not provide a proposal. All of those agencies withdrew for the same reason; underwriting concerns about the loss history. The agencies that withdrew are all significant players in the public entity insurance arena. The agencies that withdrew are: • Jackson-Dieken Insurance Agency. • AJ Gallagher. • McGowan Governmental Underwriters of America. • Love Insurance Agency. As indicated above we received two proposals from two agencies: • The Fedeli Insurance Agency(Incumbent) quoted Travelers. • USI Insurance Agency quoted the PEP Pool Conclusion Based upon the variations in the proposals received I am recommending that the City accept the proposal of Fedeli and Travelers Insurance Company. The total pricing for this proposal is $326,469. Last year’s premium was $213,773 so this year’s pricing represents a 52% increase over last year’s pricing. Some of that increase relates to exposure however the Consulting Services Risk Management Public Entity Insurance Workers'Compensation Unemployment Compensation • Page 2 September 28, 2020 majority was an underwriting rate increase. This significant rate increase is due almost entirely to our loss history. Market Observations Increases in premiums for Public Entities, even those with good loss histories, is the norm in today’s marketplace. At the annual Risk and Insurance Management Seminar looking at the "State of the Market" insurance experts noted; • Property Casualty rates are going up 5% to10% pretty much across the board on accounts with no losses or low loss ratios. Accounts with poor or deteriorating loss ratios are seeing more. Accounts with catastrophic property exposures (flood, quake, wind, hail) are going to see bigger increases. . Property — carriers are cutting back on capacity/limits, reinsurers exiting the market, deductibles being increased. . Casualty — umbrella/excess minimum premiums going up, carriers cutting back capacity/limits, attachment points are being bumped up particularly on large on auto fleets like the City’s. Further, as noted in a recent Business Insurance Magazine article. Big insurance losses from hurricanes, wildfires and other natural disasters over the past two years are set to push reinsurance renewal rates higher in January, ratings agencies said. After falling for several years due to competition and fewer natural disasters, renewal rates have started to climb in the past couple of years and for 2020 are set to rise on average by as much as 5%. S&P said rates would likely rise by around 5%, Moody's expected rises ofzero to 5%, while Fitch predicted 1% to 2% in briefings ahead of the reinsurance industry's annual conference in Monte Carlo, which begins Saturday. Reinsurers such as Swiss Re Ltd., Munich Reinsurance Co. and the Lloyd s of London market help insurers share the risks of disasters in return for part of the premium. The Insurance marketplace is hardening and while we would have expected a market driven increase the extremely large increase in our case is driven by the loss history more so than market forces. Recommendations This recommendation was not even a close call. For a variety of different structural reasons, we would not have recommended the PEP Pool unless the pricing was significantly lower than the rest of the market. Consulting S^ces Risk Management Public Entity Insurance Workers'Compensation Unemployment Compensation • Pages September 28, 2020 To begin the analysis, I would like to point out two very important issues in analyzing the proposals: 1, Stability-1 believe that stability with a market is important for the long-term health of the program. Stability leads to better underwriting created by familiarity with the risk. It also leads to more consistent claims handling. In the case of minor price variations, and assuming the existing market is perfomning well I would always give the nod to the incumbent carrier. 2. Experience- The Travelers Insurance Company has been on our account for seven years, in addition, the Travelers is the largest underwriter of public entities in the United States and they appear to have a commitment to trying to work with the City rather than non-renewing due to losses. Attached as Exhibit 1 is an overview/comparison of the proposals. To review the differences between the proposals we need to look at a variety of different issues; 1. Cost- The Travelers program has a clear advantage over the PEP Pool with the Travelers being over $250,000 less than the Pool. 2. Coverage- The programs in general have the same coverage offerings. There are some differences in certain lines of coverage all of which favor the Travelers. The PEP Pool’s program has two extremely significant variations in coverage which make the program very unappealing: I. The coverage is all Occurrence Driven which generally is a good thing however the traditional market has some lines (Public Officials, EPLI, Employee Benefits, etc.) that are Claims Made policies. Transitioning those would mean a significant exposure unless tail coverage was purchased. II. “Claims paid formaf-The Pool has a very odd contract in which you can’t leave the program except if you take your existing claims with you which again would expose the City to being uninsured in some cases. 3. Financial Stability- There is no comparison between the two proposals. Travelers is by far the more financially stable entity. 4. Limits of Liability- Another aspect to coverage is the limits of liability. In reviewing the limits of liability, you will find that there are some fluctuations between the proposals. Once again there are coverage/limits variations but none of the variations are considered material. PuUic Entity Insurance Consulting Services Risk Management Workers'Compensation Unemployment Compensation • Page 4 September 28, 2020 5. Deductibles- The PEP Pool has lower overall deductibles and has an advantage in that area. 6. Intangibles- The intangible advantage goes to Travelers having been on this program since 2013. Based upon my review of all the proposals I am recommending that the City accept the proposed price from Travelers Insurance Company through the Fedeli Insurance Agency. Alternative Deductibles Because of the significant increase in premium we asked the Fedeli Agency to go back to the Travelers and see if we could obtain premium reductions by increasing our direct risk through higher deductibles. As you will see in the attached Exhibit 2 the Travelers did offer alternative quotes with higher deductibles. In my opinion the overall premium savings ($19,604)is not worth the significant increase in deductibles. These alternative deductibles do not change my original opinion. Please review the above and let me know if you have any questions regarding these recommendations. Very^ly yours. Dame! P. O’Brien President Enclosures: Exhibits 1 & 2 Overview of Quotes Spreadsheet Consulting Services Risk Management Public Entity Insurance Workers'Compensation Unemployment Compensation  City Of Middleburg Heights 2020-21 RFP Overview of Quotes Fedeli Travelers Incumbent USI PEP Pool Coverage Line Carrier Coverage Premium Deduct Carrier Coverage Deduct Auto Liability Travelers S 1.000.000.00 s 23,206.00 Zero PEP Pool $ 1.000,000.00 $ 13,499.00 Zero Auto Physical Damage Travelers Actual Cash Value S 23,465.00 S 1,000,00 PEP Pool Actual Cash Value $ 19,608.00 $ 500.00 General Liability Travelers $1,000.000/$2.000.0QQ S 29,606.00 Zero PEP Pool $ 2,000,000,00 s 354,261.00 Zero Ohio Stop Gap Travelers S 1.000,000.00 $ 2,386.00 Zero PEP Pool $ 2.000,000.00 Included Zero Abuse & Molestation Travelers $ 1.000.000.00 Included Zero PEP Pool $ 2,000,000.00 Included Zero Employee Benefits Travelers $ 1,000,000.00 Included S 1,000,00 PEP Pool $ 2,000,000.00 Included $ 1,000.00 Employment Practices Travelers S1.000.000/32.000,000 Included S 5,000.00 PEP Pool $ 2,000,000.00 Included $ 5,000.00 Terrorism Travelers Included PEP Pool Included Property Travelers S 52,590.00 $ 2,500.00 PEP Pool $ 74,928.00 % 1.Q00.0Q Terrorism Property Travelers Included PEP Pool Included Flood & Earthquake Travelers 5 1,000,000.00 Included S 50,000,00 PEP Pool $ 1,000,000.00 Included Total Insured Property Boiler & Machinery Travelers Value Included $ 2,500.00 PEP Pool $ 100,000.000.00 Included $ 1.000.00 Extra Expense Travelers $ 1,000,000,00 Included S 2,500.00 PEP Pool $ 1,000,000.00 Included S 1.0QQ.QO Valuable Papers Travelers S 250,000,00 Included $ 2,500.00 PEP Pool $ 50,000,00 Included S 1,000.00 Accounts Receivable Travelers i. 250,000.00 Included S 2.500.00 PEP Pool $ 50,000.00 Included 3 1.000.00 Miscellaneous Floater Travelers $ 22,324.00 1 1,000.00 PEP Pool Included $ 500.00 Contractor's Equip Travelers Included $ 1,000,00 PEP Pool Included $ 1,000.00 EDP/Computers Travelers Included S 1.000.00 PEP Pool Included S 1,000.00 Money & Securities Travelers $ 5,000.00 $ 508.00 $ 500.00 PEP Pool $ 25,000.00 Included 3 500,00 Faithful Performance Bond Travelers S 100,000.00 Included 4 1,000.00 PEP Pool 3 250,000,00 Included $ 500.00 Public Officials Travelers $1.QOO.OOO/$2,OOO.OOQ S 86,157.00 3 10.000.00 PEP Pool 3 2.000,000.00 $ 22,015.00 4 25,000.00 Law Enforcement Liability Travelers 31.000,000/32.000,000 40.495.00 $ 15.000.00 PEP Pool $ 2,000,000.00 3 21,687,00 3 10.000.00 Fire Department Liability Travelers $1,000.000/32.000.000 Included Zero PEP Pool 3 2,000.000.00 Included Zero Fire Department E&O Travelers $1.000.000/$2.000.000 Included Zero PEP Pool i. 2.000,000,00 Included 3 5,000.00 Cyber Crime Travelers 3 1.000,000.00 $ $ 8,225.00 10.000.00 PEP Pool $ 1, ■OOQ.OQ $ 4,566.00 $ 1,000.00 Umbrella $5 million Travelers 3 37,487.00 PEP Pool $ 70,978.00 Umbrella 310 million Travelers Not Quoted PEP Pool $ 10,000,000.00 Quoted ToUl $ 326.469.00 PEP Pool $ 581.542.00  City of Middleburg Hts Overview of Alternative Deductibles Fedeli Travelers Incumbent Coverage Line Carrier Coverage Premium Deduct Originai Deductible Auto Liability Travelers $ 1,000,000.00 $ 23,206.00 Zero Auto Physical Damage Travelers Actual Cash Value $ 23,485.00 $ 1,000.00 General Liability Travelers $1,000,000/$2,000,000 $ 24,990.00 $ 25,000.00 Zero Ohio Stop Gap Travelers $ 1.000.000.00 $ 2,386.00 Zero Abuse & Molestation Travelers $ 1.000,000.00 Included Zero Employee Benefits Travelers $ 1,000,000.00 Included $ 1,000.00 Employment Practices Travelers $1,000,000/$2,000,000 Included $ 5,000.00 Terrorism Travelers Included Property Travelers $ 44,739.00 $ 10,000.00 $ 2,500.00 Terrorism Property Travelers Included Flood & Earthquake Travelers $ 1,000,000.00 Included $ 50,000,00 Boiler & Machinery Travelers Total Insured Property Value Included $ 2,500.00 Extra Expense Travelers 1,000,000.00 Included S 2,500.00 Valuable Papers Travelers $ 250,000.00 Included $ 2,500.00 Accounts Receivable Travelers $ 250,000.00 Included $ 2,500.00 Miscellaneous Floater Travelers $ 22,324.00 $ 1,000.00 Contractor's Equip Travelers Included $ 1,000.00 EDP/Computers Travelers Included $ 1,000.00 Money & Securities Travelers $ 5,000.00 $ 508.00 $ 500.00 Faithful Performance Bond Travelers 100,000.00 Included $ 1,000.00 Public Officials Travelers $1,000,000/$2,000,000 $ 81,933.00 $ 25,000,00 $ 10,000,00 Law Enforcement Liability Travelers $1,000,000/$2,000,000 $ 37,582.00 $ 25,000.00 $ 15.000.00 Fire Department Liability Travelers $1,000,000/$2,000,000 Included Zero Fire Department E&O Travelers $1,000,000/$2,000,000 Included Zero Cyber Crime Travelers $ 1,000,000.00 $ 8,225.00 $ 10,000.00 Umbrella $5 million Travelers 37,487.00 Umbrella $10 million Travelers Not Quoted Tot^ $ 306,865.00 Total Premium Reduction with Deductible Increases is $19,604  1 delivered OCT 0 B PP9I1 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2020- Introduced By: Mr. McGregor Co-Sponsors: Mr. Ference, Mr. Sage AN ORDINANCE AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO RENEW THE CONTRACT WITH THE CUYAHOGA COUNTY GENERAL HEALTH DISTRICT FOR PUBLIC HEALTH SERVICES WHEREAS, the City’s contract with the Cuyahoga County General Health District for Public Health Services will expire on December 31, 2020. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor and Finance Director are hereby authorized to enter into a contract with the Cuyahoga County General Health District for providing public health services from January 1, 2021 through December 31, 2021 in the amount of $86,906.00, a copy of which is attached hereto and marked “Exhibit A”. Section 2: That there is hereby appropriated $86,906.00 from the General Fund to implement this Ordinance. Section 3: It is hereby found and determined that ail formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor: Mayor Yea Nay Yea Nay Bortolotto McGregor Ali Ference Sage Grech Meany  PUBLIC HEALTH SERVICES AGREEMENT (City with a General Health District - Authority--Sec. 3709.08 O.R.C.) This Agreement is entered into on the 1®* day of January, 2021 (“Effective Date”) by and between the Cuyahoga County Board of Health (the "Board"), a separate political subdivision ofthe State of Ohio organized under the Constitution and Laws ofthe State ofOhio,and the City of Middlehurg Heights, a political subdivision, with its principal office located at 15700 E. Bagley Road, Middleburg Heights, Ohio, 44130(the “City”), for and in consideration of the promises, covenants, and conditions hereinafter set forth. WHEREAS,Cuyahoga County General Health District is a general health district as defined under Ohio Revised Code(ORC)Section 3709.01 and is endowed with all of the statutory and other authority granted to it by reason ofthe Ohio Statutes as amended from time to time by the State Legislature; and WHEREAS,the City has continued to have a city public health district as required by Ohio law; and WHEREAS,pursuant to ORC Section 3709.01, each city in the State constitutes a health district and each county is a "general health district," and as provided for in ORC Sections 3709.051, 3709.07, and 3709.10, there may be a union of a general health district and a city health district; and WHEREAS, ORC Section 3709.08 authorizes cities and villages in Cuyahoga County to enter into an Agreement with the Cuyahoga County General Health District on certain terms and conditions; and WHEREAS,the District Advisory Council of the Cuyahoga County General Health District, created by ORC 3709.03, after giving due notice by publication as required by law, held a public meeting on March 9,2020, at which by a majority vote of members representing the townships and villages of said county, did vote affirmatively on the question of providing public health services to the cities in Cuyahoga County, and did authorize the Chairman of the District Advisory Council to enter into an Agreement with the Mayor of the City for providing public health services therein; and WHEREAS,the Board is engaged in the governance of providing public health services as described in this Agreement, has the knowledge, skill, and resources to provide such services, and desires to perform such services for or on behalf of the Board for City; and WHEREAS,the City is willing to enter into an Agreement with the Board to provide such services in accordance with the terms and conditions of Ohio law and this Agreement. NOW,THEREFORE,it is mutually agreed by and between the parties hereto as follows: 1. EFFECTIVE DATE,TERM AND TERMINATION. (a) Effective Date, Term. This Agreement shall commence on the Effective Date first stated above and shall continue through December 31, 2021, unless earlier terminated pursuant to Section 1(b). (b) Termination. This Agreement may be terminated upon the occurrence of one of the following events: (i) Failure for any reason of the either party to fulfill its obligations under this Agreement, after written notice is provided by the non-breaching party of such failure providing at least ninety (90) days for the breaching party to correct any such failure, and if such failure is not corrected within said period, the non-breaching party may give written notice of immediate termination; Page 1 of 7  (ii) Upon nine (9) months written notice, or on or before April 1 of the year prior to termination by either party for any reason. 2. THE SERVICES. (a) Scope of Services. Subject to the terms and conditions contained in this Agreement and its exhibits, the Board will provide to the City and, as applicable, to all persons receiving the direct services provided for herein, the Services that are set forth and described in the Scope of Work(SOW)attached as Exhibit A, which Exhibit is incorporated herein. (b) Unless otherwise agreed by the Parties in writing, all transactions for Services through Board will be provided in accordance with the provisions of Ohio law and/or this Agreement, including any revisions of the same, as both Parties may from time to time execute to document the addition, revision, or enhancement of Services. (c) Standard of Performance of Services. The Board will devote such time and will use its best efforts as necessary to perform the Services in a professional manner that; (i) is consistent with the standards of its industry and in a good and workmanlike manner, and (ii) utilizes the care, skill, and diligence normally applied by other similar boards of health in the performance of services similar to the Services. (d) The City shall provide suitable space for the Board employees who make regular visits to the City on a daily or weekly basis. 3. PAYMENT. (a) Compensation. Compensation is based on the ten (10) year census population estimate for the City and a per capita rate established by the Board. The per capita rate is the same rate applied to all Villages, Townships in the general health district as well as for all cities that enter into a Public Health Services Agreement with the Board. The most recent ten (10) year census for population in the City dated April, 2010 is 15,946 residents. The current per capita rate established by the Board is $5.45 per capita for calendar year 2021. The total amount due based on the per capita rate will be Eighty Six Thousand Nine Hundred Six Dollars($86,906.00) for calendar year 2021. The Board reserves the right to change its per capita rate, as considered on an annual basis, based on current economic conditions and public health needs. In the event that the Board votes to make a change in the per capita rate, said change shall be limited to annual rates effective on January 1 for the following calendar year. The Board shall provide notice of the change in the per capita rate for the coming calendar year on or before October 31 st of the current calendar year. (b) In consideration for the health services described in Exhibit A, which will be provided by the Board to and within the City, the City shall pay to the Board the total annual sum of Eighty Six Thousand Nine Hundred Six Dollars ($86,906.00) for calendar year 2021. The City hereby directs the Fiscal Officer of Cuyahoga County to place to the credit of the Board and the Fiscal Office of Cuyahoga County is hereby authorized and directed to deduct the sum stated above in equal, semi-annual installments of Forty Three Thousand Four Hundred Fifty Three Dollars ($43,453.00) from the regular property tax settlement to be made for said City for calendar year 2021. Page 2 of7  4. RECORDS. (a) The Board shall maintain copies of all records created or received by the Board in the performance ofthe work under this Agreement as required by Ohio’s public records law. Any records created or received as a part of this Agreement shall be made available to the City upon request subject to exceptions listed below. (b) Any non-private health information in confidential records or information in the records created by the Board or that come into the possession of the Board under this Agreement shall, if provided to the City, be kept confidential by the City. (c) The Board is prohibited by State and Federal law from sharing protected health information and said records will not be shared with the City unless there is compliance with the proper method for release of said information. 5. REPORTS. The Board shall provide semi-annual written reports to the City regarding the work conducted and services provided on behalfofthe City under this Agreement. Such Reports shall be in a form as is provided to aU political subdivisions for which the Board provides Agreement services. 6. NO ASSIGNMENT,TRANSFER, OR SUBAGREEMENT. In performing the services specified under the terms of this Agreement, the Board shall not assign, transfer, or delegate any of the work or services, nor subcontract the work out to any other entity, nor shall any subcontractor commence performance ofany part ofthe work or services included in this Agreement, unless such subcontracting is specified in this Agreement or its Exhibits, or unless prior written consent is provided by the City. 7. INDEPENDENT AGREEMENTOR. (a) The Board hereby acknowledges that it is an independent contractor and neither it nor its employees or agents are employees of the City. The Board shall be responsible for the payment or withholding of any federal, state or local taxes, including, but not limited to, income, unemployment, and workers’ compensation for its employees, and the City will not provide, or contribute to any plan which provides for benefits, including but not limited to unemployment insurance, workers’ compensation, retirement benefits, liability insurance or health insurance. All individuals employed by the Board provide personal services to the City are not public employees ofthe City under Ohio state law. (b) No agency, employment, joint venture or partnership has been or will be created between the parties pursuant to the terms and conditions of this Agreement. Inasmuch as the City is interested in the Board’s end product, the City does not control the manner in which the Board performs this Agreement. 8. NOTICES. All notices, invoices and correspondence which may be necessary or proper for either party shall be addressed as follows: TO THE BOARD: Cuyahoga County Board of Health Attention; Terry Allan, Health Commissioner 5550 Venture Drive Parma Ohio 44130 Page 3 of7  TO THE CITY: City of Middleburg Heights Attention: Mayor Matthew J. Castelli 15700 E. Bagley Road Middleburg Heights, Ohio 44130 And City of Middleburg Heights Attention: Director of Law 15700 E. Bagley Road Middleburg Heights, Ohio 44130 9. EFFECT OF ELECTRONIC SIGNATURE By entering into this Agreement, the parties agree that this transaction may be conducted by electronic means, including, without limitation, that all documents requiring signatures by the parties may be executed by electronic means, and that the electronic signatures affixed by the authorized representatives of the parties shall have the same legal effect as if the signatures were manually affixed to a paper version of the documents. The parties also agree to be bound by the provisions of Chapter 1306 of the Ohio Revised Code as it pertains to electronic transactions. 10. APPLICABLE LAW AND VENUE Any and all matters of dispute between the Parties to this Agreement whether arising from the Agreement itself or arising from alleged extra contractual facts prior to, during, or subsequent to the Agreement, including without limitation, fraud, misrepresentation, negligence, or any other alleged tort or violation of the Agreement, will be governed by, constmed, and enforced in accordance with the Laws of the State of Ohio, without regard to the conflict of laws or the legal theory upon which such matter is asserted. 11. SEVERABILITY. If any provision hereof shall be determined to be invalid or unenforceable, such determination shall not affect the validity ofthe other provisions of this Agreement. Moreover, any provisions that should survive the expiration or termination will survive the expiration or termination of this Agreement. 12. AMENDMENT This Agreement shall not be modified except by the express written consent by both parties hereto. 13. WAIVER. Waiver by either party or the failure by either party to claim a breach of any provision ofthis Agreement shall not be deemed to constitute a waiver or estoppel with respect to any subsequent breach of any provision hereof 14. FORCE MAJEURE. Neither party shall be liable for any delay or failure to perform any duty or obligation it may have pursuant to this Agreement where such delay or failure has been occasioned by any act of God, fire, strike, inevitable accident, war or any cause outside the party's reasonable control. 15. COUNTERPARTS Page 4 of7 This Agreement may be executed in several counterparts, each of which shall be deemed to be an original copy, and all of which together shall constitute one Agreement binding on all parties hereto, notwithstanding that all the parties shall not have signed the same counterpart. 16. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties with respect to its subject matter, and supersedes all prior and contemporaneous agreements, representations or understandings, whether written or oral, as to the same. IN WETNESS WHEREOF, the parties have executed this Agreement by their duly authorized representative to be effective as of the Effective Date as specified in Section 1 of this Agreement. FOR THE BOARD: Approved as to form. Cuyahoga County Board of Health Office of General Counsel Mayor David Smith, President District By: Advisory Council Date: Date: FOR THE CITY: Approved as to form. By: Mayor Matthew J. Castelli Director of Law Date: Date: Page 5 of7  EXHIBIT A SCOPE OF WORK The General Health District of Cuyahoga County, Ohio, hereby agrees to provide health services for the City of Middleburg Heights for the calendar years 2021 as set forth below (“Services”). The Board shall have full authority to be and act as the public health authority for the City. The Services described in the schedule listed below in this Exhibit will be provided by the District Board of Health of Cuyahoga County(“Board”) to the City. The Services will include all necessary medical, nursing, sanitary, laboratory and such other health services as are required by the Statutes of the State of Ohio. Air pollution enforcement services, as described in Chapter 3704 of the Ohio Revised Code (“ORC”), will be conducted through the designated agent, the Cleveland Division of Air Pollution Control, not by the Board. This authorization is contingent upon renewal of the Agreement between the Ohio EPA and the City of Cleveland and satisfactory performance of the Agreement terms and conditions regarding air pollution control in Cuyahoga County. The Board of Health reserves the right to alter, modify or amend this Agreement provision with notice to the City. The following specific services shall be a part of the Services provided under this Agreement: List of Functions, Programs and Services Animal Control and Shelter: Rabies Surveillance - Animal bite follow up Environmental Health - State Programs: Food Service Operation Licensing/ Inspection/Education Retail Food Establishment Licensing & Inspection. School Facilities Inspection Smoke Free Workplace Enforcement Public Swimming Pool & Spa Licensing & Inspection Tattoo & Body Piercing Enforcement Temporary Park Camp Licensing/Inspection/Enforcement Clean Indoor Air Regulation - complaint based response Home Day Care Inspections - USDA Inspections Only/Fee for Service Nuisance & Vector Control Residential Housing/Commercial Building Inspection - complaint based response Solid Waste Enforcement West Nile Vims Prevention/Mosquito Control Animal Venue Licensing/Inspection/Enforcement Emergency Preparedness: Public Health Emergency Preparedness(PHEP) Planning and Cities' Readiness Initiative activities Emergency Management Committee - participation Page 6 of7  Development of Local Emergency Response Plan - participation Community Outreach and Education Northeast Ohio Regional Public Health Partnership - participation Epidemiology, Surveillance, Investigation Services: Reportable Infectious Disease investigation and follow-up (excluding HIV/AIDS; STD; TB) Disease Outbreak Management Regional Infection Control Committee - participation NEO Regional. Epidemiology Response Team - participation Nursing Services: Health Promotion: First Aid/Communicable disease classes - fee for service Cleveland Safe Kids Coalition - participation Immunization Program: Childhood and Adult Vaccine Administration Services - Fee for Service. Most insurance accepted, by appointment. Charges may be waived for inability to pay. Seasonal Influenza vaccine clinics - Fee for Service, most insurance accepted. Immunize Ohio- participation Jail Inmate Health Services: Jail Inspection - provided once annually Lead Poisoning Prevention: Pediatric blood lead testing - Fee for Service. Charges may be waived for inability to pay Case management Environmental Assessment - Limited fee for service Community Education and Outreach Greater Cleveland Healthy Homes Advisory Council Occupational Health: Immunizations and Tuberculosis screenings - Fee for Service Bureau for Children with Medical Handicaps(BCMH)Public Health Nursing Services Administrative Services: Administration Grant Writing & Management Budget Records Management Accounts Payable, Accounts Receivable Data Entry & Program Management Reports - Financial & Statistical Payroll The Board maintains a range of grant funded programs for citizens throughout the County who are income qualified. THE BOARD RESERVES THE RIGHT TO AMEND THIS EXHIBIT AT ANYTIME PRIOR TO AUTHORIZATION OF THE CITY COUNCIL AND THE BOARD OF HEALTH ANNUALLY. Page 7 of 7  . OELIVERBD OCT 0 s ?0?0 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No, 2020- Introduced By: Mayor Matthew Castelli AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR ZONING, OCCUPANCY, AND/OR BUILDING PERMIT APPROVALS FOR STORAGE FACILITIES AND DECLARING AN EMERGENCY WHEREAS, the City of Middleburg Heights may regulate the locations and operation of businesses within the City, including storage facilities: and WHEREAS, for purposes of this Ordinance, a storage facility is defined as any premises which is designed and used for bulk storage for cars, recreational vehicles, boats and/or motorcycles; or self-service storage facilities as defined in Ohio Revised Code Section 5322.01; and WHEREAS, the City of Middleburg Heights is working together with the Cuyahoga County Planning Commission to develop a comprehensive, useable, and actionable Master Plan for the City of Middleburg Heights; and WHEREAS, the Master Plan will document all recommendations regarding issues related to Land Use and Zoning, Building and Land Vacancy, Economic Development, Environment and Transportation; and WHEREAS, the City is simultaneously undergoing a Zoning Code update project with the assistance of a land use planning and zoning professional; and WHEREAS, this ordinance will temporarily preserve the status quo pending further study of a new Comprehensive Master Plan and Zoning Code update; and WHEREAS, the Mayor and Council have determined this temporary moratorium will protect the planning process and will be in the best interest of the community, health, safety and welfare to undertake a review of the Middleburg Heights Zoning Code and to consider updates so that any necessary regulations conform to the goals of the City of Middleburg Heights. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: For a period of six months from the effective date of this Ordinance, the City shall not accept or process any applications for zoning, occupancy, and/or building permit approvals for storage facilities. Section 2: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Section 3: That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety and welfare of said City. Wherefore, provided this Ordinance receives the affirmative vote of at least two-thirds (2/3) of the members of Council it shall take effect and be in force immediately upon its passage and approval by the Mayor. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Grech ^ OM Rl(£ CooociL ornct' delivered ocr 0 s ?0?fl CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2020- Introduced By: Mayor Matthew Castelli AN ORDINANCE AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO A PURCHASE AGREEMENT FOR THE PURCHASE OF CERTAIN REAL ESTATE IN THE CITY OF MIDDLEBURG HEIGHTS TO BE USED FOR THE CONSTRUCTION OF ABRAM CREEK DETENTION BASINS NEAR BIG CREEK PARKWAY PROJECT AND DECLARING AN EMERGENCY WHEREAS, flooding of public and private property has been a concern throughout the City of Middleburg Heights (“City”) for many years; and WHEREAS, it is the desire of the Mayor and council to work towards the elimination of all flooding concerns within the City and to improve stormwater management within the City; and WHEREAS, the acquisition of this parcel of land will allow the City to proceed with certain necessary improvements to increase stormwater detention capacity to reduce flooding within the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor and Finance Director are hereby authorized to enter into a purchase agreement, a copy of which is attached hereto and marked “Exhibit A”, for the purchase of certain real estate and improvements in the City of Middleburg Heights. Section 2: That there is hereby appropriated from the Streets/Infrastructure Improvements Fund $240,000.00 for the purchase of a certain parcel of real estate, closing costs and related fees, expenses and demolition and removal improvements on said parcel. Section 3: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Section 4: That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety and welfare of said City. Wherefore, provided this Ordinance receives the affirmative vote of at least two-thirds (2/3) of the members of Council it shall take effect and be in force immediately upon its passage and approval by the Mayor. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor: Mayor Yea Nay Bortolotto AN Sage Meany McGregor Ference Grech