City Council

City of Middleburg Heights,Ohio Council Agenda November 9,2021 7:00 P.M. REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting of October 26,2021 Minutes ofthe Executive Session of October 26,2021 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 Committee- 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 NOVEMBER 9,2021 PAGE 2 2021 PENDING LEGISLATION RESOLUTION NO.2021-69 - INTRODUCED BY COUNCILMAN GRECH A Resolution rezoning permanent parcel number 371-17-016 from its present zoning classification MS (Motorist Service District) to GB (General Business District) use district classification.(Dakdouk Rezoning, 17791 Sheldon Road) (First reading and referred to Planning Commission 9/28/21,Second reading 10/12/21) UN-NUMBERED LEGISLATION INTRODUCED BY COUNCILMAN ALI An Ordinance to make supplemental appropriations for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2021 and declaring an emergency. INTRODUCED BY COUNCILMAN ALI An Ordinance authorizing the mayor and finance director to enter into a contract with Terrace Construction Company,Inc. and declaring an emergency. INTRODUCED BY COUNCILMAN ALI An Ordinance authorizing the mayor and finance director to enter into a contract with Borchert Fence Company,Inc. and declaring an emergency. INTRODUCED BY COUNCILMAN ALI A Resolution appointing David Bortolotto to serve as the representative of the Middleburg Heights City Council on the Board of Trustees ofthe Southwest Commvmity Health System. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution authorizing the mayor and finance director to enter into contracts for employee health coverage with Medical Mutual of Ohio for a period of one year. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution accepting life insurance proposal from National Insurance Services, Inc., and declaring an emergency. INTRODUCED BY COUNCILMAN MEANY An Ordinance authorizing a first amendment to the amended and restated master lease purchase and sublease purchase agreement, among Fifth Third Bank, National Association, Fifth Third Commercial Funding, Inc., The City of Middleburg Heights, Ohio and Southwest General Health Center; authorizing a revised schedule of payments, a tax compliance certificate and agreement; authorizing other documents and related actions in connection with such transaction; and declaring an emergency.  City of Middleburg Heights, Ohio Council Agenda NOVEMBER 9, 2021 PAGES INTRODUCED BY COUNCILMAN GRECH An Ordinance extending a moratorium on the issuance and processing of any permits allowing retail dispensaries, cultivators, or processors of medical marijuana with the City of Middleburg Heights, Ohio and declaring an emergency. INTRODUCED BY COUNCILMAN GRECH An Ordinance rezoning permanent parcel numbers 371-08-012, 371-08-008, 371-08-009, 371- 08-010, 371-08-013, 371-08-014 and 371-08-015 from their present zoning classification OB (Office Building District) and 371-08-011 from its present zoning classification Rl-A (One- Family A Residential District) to SR.LC (Senior Residence/Life Care District) (Omni Senior Living)  City of Middleburg Heights, Ohio Council Agenda NOVEMBER 9, 2021 PAGE 4 ZONING & BUILDING CODE COMMITTEE - Mr. Grech, Chairman 9-24-19 Discussion regarding ordinance regulating fences 8-10-21 Rezoning application received from Camille Dakdouk to rezone property located at 17791 Sheldon Road 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 9-22-20 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. Meany. 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  City of Middleburg Heights, Ohio OELIVERED NOV /) 4 mi Ordinance No. 2021- Introduced bv: Mr. AH. Mr. Ference. and Mr. Sage AN ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENDITURES AND EXPENSES FOR THE CITY OF MIDDLEBURG HEIGHTS FOR THE CALENDAR YEAR 2021 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 2021, the following sums be appropriated from the Capital Improvements Fund: Increase Description (Decrease) Capital - Dog Park - Berea and Brook Park shares of project $ 70,000.00 Total Increase to the Capital Improvements Fund $ 70,000.00 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. Section 3. 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 2021. 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  Df[/l/FR£D NOV 0 k %i\ City of Middleburg Heights, Ohio Ordinance No. 2021- Introduced by: Mr. Ali. Mr. Ference, and Mr. Sage AN ORDINANCE AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH TERRACE CONSTRUCTION COMPANY.INC. AND DECLARING AN EMERGENCY WHEREAS, the City’s purchasing policy requires City Council approval on any single purchase of products or services exceeding $25,000 or any professional service contract exceeding $10,000, with the exception of items purchased through or at an amount equal to an approved cooperative purchasing agreement; and WHEREAS, the City desires to retain the services of a competent and qualified contractor to provide certain products/services to the City; and WHEREAS, Terrace Construction Company, Inc, is competent and qualified to furnish products and/or services to the City and has provided a responsive and responsible proposal, and desires to provide Construction Services - Dog Park Project. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS,CUYAHOGA COUNTY,STATE OF OHIO: Section 1. That the Mayor and Finance Director is hereby authorized to enter into a contract with Terrace Construction Company, Inc, to provide certain products and/or services to the City, a copy of which is attached hereto and marked “Exhibit A”. 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. Section 3. 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. 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  •X 07/06/2021 16:31 21-150 MiddleburgHts Dog Park Don Damyanic Biditem BID TOTALS Description Quantity Units 10 Unit Price Bid Total 20 Water Vault With Backflow Preventer 2" Water Service LOGO EA 30 5.770.00 5,770.00 1" Water 125.000 LF 45.00 5,625.00 40 60.000 6" PVC Sewer LF 37.50 50 266.000 2,250.00 60 4' X 4' X 6" Water Fountain Concrete Pad LF 47.95 12,754.70 2.000 8' X 8' X 6" Dog Wash Pad EA 264.00 528.00 70 1.000 Install 4" Gravel Area w/ Fabric EA 1,113.00 1,113.00 80 1,560.000 too Replace 6" Thick Driveway with Curb SF 4.50 7,020.00 Restoration 600.000 SF 11.05 6,630.00 5,000.000 SF 0.90 4,500.00 Bid Total $46,190.70  delivered NOV 0 4 ?0?l City of Middleburg Heights, Ohio Ordinance No. 2021- Introduced by: Mr. AH, Mr. Ference, and Mr. Sage AN ORDINANCE AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH BORCHERT FENCE COMPANY.INC. AND DECLARING AN EMERGENCY WHEREAS, the City’s purchasing policy requires City Council approval on any single purchase of products or services exceeding $25,000 or any professional service contract exceeding $10,000, with the exception of items purchased through or at an amount equal to an approved cooperative purchasing agreement; and WHEREAS, the City desires to retain the services of a competent and qualified contractor to provide certain products/services to the City; and WHEREAS, Borchert Fence Company. Inc, is competent and qualified to furnish products and/or services to the City and has provided a responsive and responsible proposal, and desires to provide Construction Services - Dog Park Project. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS,CUYAHOGA COUNTY,STATE OF OHIO: Section 1. That the Mayor and Finance Director is hereby authorized to enter into a contract with Borchert Fence Company. Inc, to provide certain products and/or services to the City, a copy of which is attached hereto and marked “Exhibit A”. 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. Section 3. 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. 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  Borchert Fence Co Inc 2751 E 55th St Cleveland, OH 44104-2882 (216)432-1918 bfcphil@gmall.com Estimate ADDRESS ESTIMATE# 3120 City of Middleburg Heights DATE 05/25/2021 J. Herron, Dir. Public Service EXPIRATION DATE 06/04/2021 15700 Bagley Road Middleburg Hts, Ohio 44130 ACTIVITY QTY RATE AMOUNT Sales 24,462.00 Job at: Dog Park, 18825 Sheldon Rd. Total cost to furnish and install the following: #1. 635’ of 6’ high all black vinyl chain link fence 1 -16’ X 6’ double drive gate 1-12’ X 6’ double drive gate 3- 4’ X 6’ walk gates Alternate: to add 1-5/8" bottom rail^ add $3,175.00’ Sales 4,800.00 #2. West line: existing Treatment Plant fence: 1 -16’ X 8’(7’ & barb) double gate with 2- 4" OD gate posts 1 - 4’ X 8’(7’ & barb) walk gate with two 3" OD gate posts re-attach existing fence and barb wire: Sales 4,805.00 #3. North line: Remove approx. 265’ of toprail, chain link mesh, and barb wire. Straighten & paint existing H-posts. Repiace one post. Furnish and install new 1 - 5/8" toprail & chain iink mesh. All Black vinyl coated. Following material to be used: 2" X 9ga core 8ga. finish, class 2b chain link, 1- 5/8" OD toprail 2-1/2" OD line posts, 10’ on center 3" OD end, corner, & gate posts, 4" OD gate posts for 16’ gate all posts set in 36" deep concrete footers; all material black vinyl Terms: Net 30 days  TOTAL $34,067.00 ^ 3,175.00 Accepted By Accepted Date $ 5-7^'2-M2..C0  delivered NOV 0 4 ?fl?i CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2021- Introduced By: Mr. Ali A RESOLUTION APPOINTING DAVID BORTOLOTTO TO SERVE AS THE REPRESENTATIVE OF THE MIDDLEBURG HEIGHTS CITY COUNCIL ON THE BOARD OF TRUSTEES OF THE SOUTHWEST COMMUNITY HEALTH SYSTEM WHEREAS, under the provisions of the Revised Code of Ohio Sections 749.01 and 5705.191 municipal corporations are authorized to levy and collect a tax upon their taxable property and to pay the proceeds thereof to a general hospital for the maintenance and support thereof and as compensation for its use; and WHEREAS, the Hospital is a corporation not for profit organized under the Ohio laws for charitable purposed and is operating a general public hospital in the City of Middleburg Heights and has promised to provide treatment to the sick and disabled inhabitants of the City; such treatment to be free to the inhabitants of the City, except those who in the opinion of the Hospital may be able to pay therefore; and WHEREAS, the Council wishes to appoint David Bortolotto as the City of Middleburg Heights member on the Board of Trustees of the Southwest Community Health System for the term December 7, 2021 through December 5, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That David Bortolotto shall be and is hereby appointed to serve as the City of Middleburg Heights member of the Board of Trustees of Southwest Community Health System for the term December 7, 2021 through December 5, 2023. Section 2: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal 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 Presented to Mayor: Mayor Attest: Approved On: Clerk of Council Yea Nay Bortolotto Ali Sage Meany McGregor Ference Grech  delivered NOV 0 4 2021 City of Middleburg Heights RESOLUTION NUMBER 2021 - Introduced By: Mr. Bortolotto, Mr. Meany and Mr. Grech A RESOLUTION AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO ENTER INTO CONTRACTS FOR EMPLOYEE HEALTH COVERAGE WITH MEDICAL MUTUAL OF OHIO FOR A PERIOD OF ONE YEAR WHEREAS, proposals were received by the City for the furnishing of administrative services and stop-loss insurance coverage for the City of Middleburg Heights’ employee health coverage for the period beginning January 1, 2022 to December 31, 2022, and; WHEREAS, The Fedeli Group, the City’s health insurance broker, has recommended accepting the proposal of Medical Mutual of Ohio, as carrier for the furnishing of administrative services and stop-loss insurance coverage for the City of Middleburg Heights’ employee health coverage, a copy of said recommendation is attached hereto and marked “Exhibit A” and; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, CUYAHOGA COUNTY,STATE OF OHIO; Section 1. That the Mayor and Finance Director are authorized to enter into contract renewals with Medical Mutual of Ohio for a one year period beginning January 1,2022. Section 2. 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 3. That this resolution 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 continuing health insurance for its employees through the year 2022, therefore, this ordinance shall be in full force and effect Immediately upon its passage and signature of the Mayor. PASSED PRESIDENT OF COUNCIL ATTEST APPROVED ON PRESENTED TO MAYOR MAYOR ROLL CALL YEAS NAYS BORTOLOTTO ALI SAGE MEANY MCGREGOR FERENCE GRECH 2022 Employee Benefits Medical/Prescription Review - City of Middleburg Heights Prepared by: The Fedeli Group Submitted: October 28, 2021 Overview of Request for Proposals The City of Middleburg Heights has a self-insured, medical, prescription, vision, and dental plan with Medical Mutual. The stop loss level is $75,000. In anticipation of the January 1, 2022 plan renewal. The Fedeli Group prepared a comprehensive Request for Proposals(RFP)seeking competitive stop-loss options from other insurers. The original stop loss renewal from Medical Mutual included a projected increase of 15.67%. Through negotiations, we were able to arrive at a new stop loss increase of 9.5%. Medical Mutual’s average stop loss increase has been 14% for the 2022 plan year. Approximately 0.75% of the increase represents inclusion in Medical Mutual’s Gene Therapy Rider which provides stop loss protection for a new class of drugs categorized as gene therapy treatment. The Fedeli Group recommends adopting this coverage rider. The administration increase is 14.63%, largely driven by pharmacy administration. This increase is higher than normal; however, it includes coverage in Medical Mutual’s Advanced Pharmacy Management program (APM). The APM program results in estimated annual increase of$7,400 to the prescription drug administrative fees, however the APM program allows the group to receive prescription drug rebates for the first time. The prescription drug rebates, based on script counts from the renewal experience period, were worth approx. $129,000, thus causing a net increase of revenue to the group of approximately $121,600. We received “Declines” from other markets as they were not able to be competitive with the current or renewal pricing. MMO Current MMO Renewal Adjustment (revised) Administration $136,957 $156,998 14.63% Stop Loss & Agg $643,000 $701,632 9.1% Maximum Claims $3,716,515 $3,782,587 1.78% Total at Maximum $4,496,473 $4,641,218 3.22% Rebate Adjustment ($129,000) Net Cost $4,512,217 0.35% The above factors and projections are based on Medical Mutual underwriting and forecast and appear in the MMO renewal development. The City of Middleburg Heights 2021 plan expense was under budget and should be reflected in the City’s 2022 budget. The Fedeli Group recommends accepting the revised renewal from Medical Mutual and continuing the South West Hospital tiered network program. Life insurance options were not competitive with the City’s current program.  rf y.':i \ 8R Health Care Renewal and Review Prepared for: 4/ IrlJElCitdl'S -OMIO- THE Presented by: Michael McGrath, Senior Vice President FEDELI GROUP Jayne Czech, Client Manager L' Table of Contents Plan Design 1 Medical Insurance Medical Mutual of Ohio - Southwest Plans - Current, Initial Renewal 2-3 Medical Mutual of Ohio - Southwest Plans - Current, Revised Renewal 4-5 Medical Mutual of Ohio - Large Claimant Report 6 Dental Plan Design and Rate Factors 7 Vision Plan Design 8 Compensation Disclosure 9 City of Middleburg Heights Current Plan Design - Medical Medical Mutual Medical/Rx 1 Southwest Southwest 10% Plan Non-Network 5% Plan SuperMed PPO Non-Network Plan SuperMed PPO Tierl Tier 2 I Tiers Tierl Tier 2 Tiers Calendar Year Deductible $100 $350 $750 $500 $1,000 $1,000 Single $200 $700 $1,500 $1,000 $2,000 $2,000 ;> . Family 100% 100% 70% 100% 100% 70% Coinsurance I {Includes (Includes (Includes Deductible) (Includes Deductible) Deductible) (Includes Deductible) (Includes Deductible) Deductible) Out-of-Pocket Max $1,000 $1,350 $2,250 $2,000 $3,000 $4,000 Single $2,000 $2,500 $3,500 $3,000 $4,000 $5,000 Family 1 Ded.-70% $25/$25 $25/$25 Ded.-70% Primary Care Physician/Specialist $25/$25 $^5/$25 100% lOTO Ded.-70% 100% 100% Ded,-70% Preventive Care i $50 Copay Ded.-70% Emergency Room $50 Copay $50 Copay Ded.-70% $50 Copay 20% Coinsurance 20% Coinsurance 20% Coinsurance 20% Coinsurance Ded.-70% Emergency Transport Ded.-7£% $25 Copay $25 Copay $25 Copay $25 Copay $25 Copay $25 Copay Urgent Care 100% 100% Ded.-70% 100% 100% Ded.-70% Inpatient Hospital 100% Ded.-70% 100% 100% Ded.-70% Diagnostic Lab & X-ray 100% 1 100% 100% Ded.-70% 100% 100% Ded.-70% Outpatient Surgery u Retail Mail Order Retail Mail Order RxPlan Tierl $10 $20 $10 $20 Tier 2 $20 $40 $20 $40 . Tier 3 $40 $80 $40 $80 ■ Tier 4 N/A N/A 90 Days 30 Days 90 Days Days Supply 30 Days Notes City of Middleburg Heights January 1, 2022 Initial Renewal Illustration Medical Mutual of Ohio Medical Mutual of Ohio Medical/Rx Southwest -10% Plan & 5% Plan Southwest -10% Plan & 5% Plan Current Initial Renewal : ;. Plan Southwest -10% Plan| Southwest - 5% Plan Southwest 10% Plan Soinhwest 5% Plan - Stop Loss Carrier Medical Mutual Medical Mutual Medical Mutual M^ical Mutual : ■ Specific Level $75,000 $75,000 $75,000 $75,000 Specific Contract 18/12 18/12 18/12 18/12 Aggregate Contract 18/12 18/12 18/12 Aggregate Corridor 125% 125% 125% 125% Fixed Costs i ' Administration ' Single 12 $ 83.92 17 $ 83.92 12 $ 96.20 17 $ 96.20 ,.f Family 41 $ 83.92 66 S 83.92 41 $ 96.20 66 $ 96.20 Monthly $ 4,448 $ 6,965 $ 5,099 $ 7,985 i'- ■ Annual 53,373 $ 83,584 $ 61,183 $ 95,815 ' ^: Total $136,957.44 $156,998.40 . Rate Adjustment 14.63% 'til ■ Specific stop Loss t;;' ■ Single 12 S 376.74 17 I $ 376.74 12 $ 435.77 17 $ 435.77 Family 41 s 376.74 66 $ 376.74 41 $ 435.77 435.77_ 66 $ '■ Monthly $ 19,967 $ 31,269 $ 23,096 - $ 36,169 ! : -' Annual $ 239,607 $ 375,233 $ 277,150 $ 434,027 . > . ; . ; Total $614,839.68 $711,176.64 Rate Adjustment 15.67% Aggregate Stpp Loss . r -' ■ Single 12 $ 17.61 17 $ 17.03 12 $ 17.77 17 $ 17.15 Family 41 $ 17.61 66 $ 17.03 41 $ 17.77 66 $ 17.15 Monthly $ 933 $ 1,413 $ 942 $ 1,423 Annual $ 11,200 $ 16,962 $ 11,302 $ 17,081 $28,161.84 $28,383.12 0.79% Total Fixed Costs Monthly $ 25,348 $ 39,648 $ 29,136 $ 45,577 mm Annual $ 304,180 $ 475,779 $ 349,635 $ 546,924 Total $779,958.96 $896,558.16 t Rate Adjustment 14.95% Gene Therapy Rider $2.52 PERM included in above stop loss rates. Notes; . Admin rate includes Advanced Pharmacy Management. City of Middleburg Heights January 1, 2022 Initial Renewal Illustration - Continued Medical Mutual of Ohio Medical Mutual of Ohio Southwest -10% Plan & 5% Plan Southwest-10% Plan & 5% Plan Medical/Rx Initial Renewal Current Plan Southwest - 5% Pian Southwest 10% Pian Southwest 5% Plan Southwest -10% Plan Medical Mutual Medical Mutual Medical Mutual Medical Mutual Stop Loss Carrier Specific Level $75,000 $75,000 $75,000 $75,000 Specific Contract 18/12 18/12 18/12 18/12 18/12 18/12 18/12 18/12 Aggregate Contract Claim Liability Maximum Factors Single 12 $ 2,290.40 ' 17 $ 2,215.51 12 $ 2,333.12 ' 17 $ 2,253.65 41 $ 2,290.40 68 $ 2,215.51 41 S 2,333.12 68 $ 2,253.65 Family $ 121,391 $ 188,318 $ 123,655 $ 191,560 Monthly Annual $ 1,456,694 $ 2,259,820 $ 1,483,864 $ 2,298,723 Total $3,716,515 $3,782,587 1.78% Rate Adjustment Expected Factors $ 1,832.32 ' 17 $ 1,772.41 12 $ 1,866.50 17 $ 1,802.92 Single 12 41 $ 1,832.32 68 $ 1,772.41 41 $ 1,866.50 68 $ 1,802.92 Family Monthly $ 97,113 $ 150,655 $ 98,924 $ 153,248 Annual $ 1,165,356 $ 1,807,856 $ 1,187,091 $ 1,838,978 Total $2,973,212 $3,026,070 1.78% Rate Adjustment Total Fixed Costs $779,959 $896,558 Maximum Claim Liability $3,716,515 $3,782,587 Maximum Annual Cost $4,496,474 $4,679,145 Rebate Adjustment -$115,705 Net Cost $4,563,440 1.49% Rate Adjustment Notes: The net estimated annual rebates based upon the script counts from the experience period is $115,705.  !N'S: X-* City of Middleburg Heights January 1, 2022 Revised Renewal Illustration Medical Mutual of Ohio Medical Mutual of Ohio Medical/Rx Southwest -10% Plan & 5% Plan Southwest -10% Plan & 5% Plan Current Revised Renewal Plan Southwest - 5% Plan Southwest 10% Plan Southwest ;J.0% Plan Southwest 5% Plan Stop Loss Carrier Medical Mutual Medical Mutual Medical Mutual Medical Mutual Specific Level $75,000 $75,000 $75,000 $75,000 Specific Contract 18/12 18/12 18/12 18/12 Aggregate Contract 18/12 18/12 18/12 18/12 Aggregate Corridor 125% 125% 125% 125% Fixed Costs Administration Single 12 $ 83.92 17 ^ $ 83.92 12 $ 96.20 17 $ 96.20 Family 41 $ 83.92 66 $ 83.92 41 $ 96.20 66 $ 96.20 Monthly $ 4,448 $ 6,965 $ 5,099 $ 7,985 Annual $ 53,373 $ 83,584 $ 61,183 $ 95,815 Total $136,957.44 $156,998.40 Rate Adjustrherit 14.63% Specific Stop Loss .' Single 12 $ 376.74 17 $ 376.74 12 $ 412.53 17 $ 412.53 Family 41 $ 376.74 66 $ 376.74 41 $ 412.53 66 $ 412.53 Monthly. $ 19,967 $ 31,269 $ 21,864 $ 34,240 .Annual $ 239,607 $ 375,233 $ 262,369 $ 410,880 Total $614,839.68 $673,249.45 Rate Adjustrtient 9.50% Aggregate Stop Loss . Single 12 $ 17.61 17; $ 17.03 12 $ 17.77 17 $ 17.15 Family 41 $ 17.61 66 , $ 17.03 41 $ 17.77 66 $ 17.15 Monthly $ 933 $ 1,413 $ 942 $ 1,423 Annual $ 11,200 $ 16,962 $ 11,302 $ 17,081 $28,161.84 $28,383.12 0.79% Total Fixed Costs ■' Monthly $ 25,348 $ 39,648 $ 27,905 $ 43,648 Annual $ 304,180 $ 475,779 $ 334,854 $ 523,777 Total $779,958.96 $858,630.97 Rate Adjustment 10.09% Gene Therapy Rider $2.52 PERM included in above Stop loss rates. Admin rate includes Advanced Pharmacy Notes: Management. City of Middleburg Heights January 1, 2022 Revised Renewal Illustration - Continued Medical Mutual of Ohio Medical Mutual of Ohio Southwest -10% Plan & 5% Plan Southwest -10% Plan & 5% Plan Medical/Rx Current Revised Renewal Plan Southwest -10% Plan Southwest - 5% Plan Southwest 10% Plan Southwest 5% Plan Medical Mutual Medical Mutual Medical Mutual Medical Mutual Stop Loss Carrier Specific Level $75,000 $75,000 $75,000 $75,000 Specific Contract 18/12 18/12 18/12 18/12 Aggregate Contract 18/12 18/12 18/12 18/12 Claim Liability : . Maximum Factors ■ ’ Single 12 $ 2,290.40 17 $ 2,215.51 12 $ 2,333.12 17 $ 2,253.65 mm.: Family 41 $ 2,290.40 68 $ 2,215.51 41 $ 2,333.12 68 $ 2,253.65 Monthly $ 121,391 $ 188,318 $ 123,655 $ 191,560 Annual $ 1,456,694 $ 2,259,820 $ 1,483,864 $ 2,298,723 Total $3,716,515 $3,782,587 1.78% ■V-. . Rate Adjustment Expected Factors Single 12 $ 1,832.32 17 $ 1,772.41 12 $ 1,866.50 ' 17 $ 1,802.92 Family 41 $ 1,832.32 68 $ 1,772.41 41 $ 1,866.50 68 $ 1,802.92 Monthly $ 97,113 $ 150,655 $ 98,924 $ 153,248 Annual $ 1,165,356 $ 1,807,856 $ 1,187,091 $ 1,838,978 Total $2,973,212 $3,026,070 1,78% Rate Adjustment Total Fixed Costs $779,959 $858,631 Maximum Claim Liability $3,716,515 $3,782,587 Maximum Annual Cost $4,496,474 $4,641,218 Rebate Adjustment -$115,705 Net Cost $4,525,513 0.65% Rate Adjustment Notes: The net estimated annual rebates based upon the script counts from the experience period is $115,705. City of Middleburg Heights Current Plan Design - Dental Benefits Dental Factors Below are included in the Medical Renewal Benefit Period January 1st through December 31st Dependent Age Limit Same as Medical Current Renewal Calendar Year Deductible One per benefit period Rate Rate Adjustment Single None Family None Administration $5.14 $5.29 2.92% Aggregate Stop Loss $0.79 $0.87 10.13% Class I - Preventive 80% Attachment $101.50 $114.48 12.79% Class II - Basic 80% Class III - Major 50% Annual Maximum Unlimited Implants Type III Endodontics Type II Periodontics Type II Required for treatment over $200 or Predetermination any major restorations  z: ■yrv j-’ i<'jK*liaa ijidiiiSs City of Middleburg Heights Current Plan Design - Vision Benefits Benefit Period January 1st through December 31st Dependent Age Limit Same as Medical Examinations One per benefit period Vision Examinations $35 per exam Frames One per benefit period Basic Frames $70 per frame Prescription Lenses One per benefit period Single Vision Lenses $150 per pair Bifocal Lenses $150 per pair Trifocal Lenses $150 per pair Lenticular Single Lenses $150 per pair Lenticular Bifocal Lenses $150 per pair Lenticular Trifocal Lenses $150 per pair Contacts In Lieu of Lenses One per benefit period Medically Necessary $100 per pair Cosmetic $100 per pair The administrative rate for this benefit is included with the medical renewal  «T-*—; trTi;V..rj Compensation Disclosure - How We Get Paid The Fedeli Group takes pride in the services we provide to you, our client,for insurance placement and other related services. For our efforts, we are compensated in a variety of ways, primarily in the form of commissions and contingency amounts paid by insurance companies and, sometimes,fees paid by clients. We are compensated by the following methods: Commission Income - Commission, usually calculated as a percentage of the premium paid to the insurer for a specific policy, is paid to us by the insurer for the sale and servicing of an insurance policy. Our commission is included in the premium paid by you. The individuals at The Fedeli Group who place and service your insurance may be paid compensation that is directly related to the commissions we receive. Contingent Income - We also receive income through contingency arrangements with many insurers. They are called "contingent" because to qualify for payment we need to meet certain criteria, normally calculated on an annual basis. Contingency arrangements vary, but payment under these agreements is normally the result of increasing the amount of business by attracting new customers, achieving certain claims results and/or renewing the policies of existing insureds. There is typically no meaningful method to determine the precise impact that any particular insurance policy has on contingency arrangements; however, agents tend to receive higher contingency payments when they increase their business and retain clients through better service. In other words, the amount of earned contingency income depends on the overall size and/or profitability of a group of accounts, as opposed to the placement or profitability of any particular account. The individuals involved in placing or servicing insurance are rarely compensated directly for the contingent income that we receive. Override Income - Some insurance companies have replaced contingent commissions with override supplemental commissions. These commissions, in fixed amounts, are established annually in advance based on historical performance measured by criteria comparable to those by which contingent commissions are calculated. We refer to these commissions as overrides or guaranteed supplemental commissions. Fees Paid by Clients - With more complex business insurance programs and where additional resources, products or services are appropriate, a fee may be negotiated for placement of insurance coverage or for additional services. Fees charged for the placement of insurance will be outlined in our proposal and approved, normally in writing, prior to binding coverage. On occasion, we may receive both commissions and client-paid fees for placing insurance, which will be disclosed in writing to you in advance. In some circumstances clients pay us mutually agreed-upon fees for additional services, such as risk management or for administration of employee benefits or workers' compensation programs, other Compensation and Benefits - We may receive revenue or further benefits from our insurance activities in other ways, including, but not limited to, insurance company promotional events, payments from insurers for promotional marketing and/or employee training and development,fees or a percentage of the interest paid to us for the administration of premium finance contracts and interest paid to us by financial institutions earned on accounts in which we hold your premium payments pending remittance to the insurance company. Our goal is to be the insurance agency of choice. We know you have many agencies to choose from, so to earn your confidence, we hold ourselves to the highest standard of service, a standard reflected in our written Client Commitment - we call it The Fedeli Way. We hope you will review our brochure outlining the principles in The Fedeli Way. Please also feel free to ask any questions about our compensation generally, or as to your specific insurance proposal or placement, by contacting us.  delivered NOV a 4 ?0?J City of Middleburg Heights LIFE INSURANCE RES 2021.doc RESOLUTION NUMBER 2021- Introduced By: Mr. Bortolotto, Mr. Meany, and Mr. Grech A RESOLUTION ACCEPTING LIFE INSURANCE PROPOSAL FROM NATIONAL INSURANCE SERVICES,INC., AND DECLARING AN EMERGENCY WHEREAS, proposals were received by the Director of Finance of the City of Middleburg Heights, Ohio for the purchase of life insurance coverage for the City of Middleburg Heights’ employees for the period beginning January 1, 2018 to December 31, 2018, and; WHEREAS, the proposal of Madison National Life Insurance Company, as carrier for the furnishing of life insurance coverage was considered best, and; WHEREAS, Madison National Life Insurance Company has agreed to extend the contract for the furnishing of life insurance coverage for the one year period commencing January 1,2022 at no increase in premium; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS,CUYAHOGA COUNTY,STATE OF OHIO; Section 1. That the proposal of National Insurance Services, Inc. as agent with Madison National Life Insurance Company, as carrier for the furnishing of life insurance coverage, for the three-year period was considered best and is hereby accepted: Section 2. 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 eouncil 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 3. That this resolution 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 continuing life insurance for its employees through the year 2022, therefore, this ordinance shall be in full force and effect immediately upon its passage and signature of the Mayor. PASSED PRESIDENT OF COUNCIL ATTEST APPROVED ON PRESENTED TO MAYOR MAYOR ROLL CALL YEAS NAYS BORTOLOTTO ALI SAGE MEANY MCGREGOR FERENCE GRECH  NIS National insurance Services September 2021 Jason Stewart Corporate Headquarters 250 South Executive Drive Director of Finance Suite 300 City of Middleburg Heights Brookfield. VVI 53005 15700 East Bagiey Road Middieburg Heights, OH 44130-4896 Indiana Office S100 Meridien Square RE: Insurance Renewal for City of Middieburg Heights , Group # 030490 50 East 91 St Street Suite 315 Life, Madison National Life Insurance Company, Inc. Indianapolis. IInI 46240 Carrier Policy #4386, NIS Policy# 15247 Dear Mr. Stewart: Michigan Offices 310 East Michigan Avenue Suite 503 The Life Insurance renews January 1, 2022. 1 am pleased to inform you that Madison National Life Insurance Kalamazoo, Ml 49007 Company, Inc. has determined that a rate adjustment is not needed. Your renewal rates are as follows: 43120 iJtra Rrjad Life and AD&D Suite 400 Class Title Current Rate Per $1,000 of Renewal Rate Per $1,000 of Impact Sterling Heights Ml 48314 Coverage Coverage All Classes $0,189/ $0,189/ Pass/ 120 East Lihen* $0.027 $0.027 Pass Suite 220 Ann Alto- Ml 481i 4 These rates are guaranteed for 1 Year until January 1,2023, assuming no changes to the current benefit structure. Minnesota Office 14852 Scenic heights Road We believe our level of commitment to you is most evident in our ongoing efforts to secure both competitive pricing Suite 210 and extended rate guarantees. We truly appreciate your business and the opportunity to continue negotiating on your Eden Prairie. .MN 55344 behalf. Nebraska Office Thank you for your continued business. Please do not hesitate to call me if you have any questions. 9202 West Dodge Road Suits 302 Omaha. NE 68114 Sincerely, Landon Mowry Pennsylvania Office Account Representative, Insured Products 375 Soutnpoime Blvd Suite 220 Canonsburg. PA 15317 Renewal ePorm# 10179 Insurance Renewal for City of Middieburg Heights , Group # 030490 Life, Madison National Life Insurance Company, Inc. Carrier Policy # 4386, NIS Policy # 15247 ^vyc HEU’^rtAKU lOCAl-COMMUNltlES BEtrER 800.627.3660 | www.J^ISBenefitsxom  - delivered NOV 0 < X?1 CITY OF MIDDLEBURG HEIGHTS,OHIO ORDINANCE NO. Introduced by: Mr. Mcany and Mr. Grech AN ORDINANCE AUTHORIZING A FIRST AMENDMENT TO THE AMENDED AND RESTATED MASTER LEASE PURCHASE AND SUBLEASE PURCHASE AGREEMENT, AMONG FIFTH THIRD BANK, NATIONAL ASSOCIATION, FIFTH THIRD COMMERCIAL FUNDING, INC.,THE CITY OF MIDDLEBURG HEIGHTS,OHIO AND SOUTHWEST GENERAL HEALTH CENTER; AUTHORIZING A REVISED SCHEDULE OF PAYMENTS, A TAX COMPLIANCE CERTIFICATE AND AGREEMENT; AUTHORIZING OTHER DOCUMENTS AND RELATED ACTIONS IN CONNECTION WITH SUCH TRANSACTION; AND DECLARING AN EMERGENCY. WHEREAS,the City of Middleburg Heights, Ohio (the "City"), a political subdivision in and of the State of Ohio (the "State"), is authorized and empowered by virtue of the laws of the State, including without limitation. Chapter 140 of the Ohio Revised Code (the "Act"), among other things: (a)to acquire, construct, furnish and equip "hospital facilities" as defined in the Act; (b) to enter into agreements to provide for financing the "costs of hospital facilities" to be leased to a "nonprofit hospital agency", as defined in the Act, and to secure payments to be made under those agreements by the assignment of the rent, revenues and other income derived from the lease of hospital facilities to a nonprofit hospital agency; and (c) to adopt this Ordinance, to enter into the First Amendment, the Revised Schedule of Payments, and the Tax Agreement, as hereinafter defined, and to sign and deliver certain other documents and instruments upon the terms and conditions provided herein and therein; and WHEREAS,pursuant to Ordinance No. 2012-77, the City entered into an Amended and Restated Master Lease Purchase and Sublease Purchase Agreement(the "Prior Lease Obligations") dated as of November 1, 2012, by and among the City, Fifth Third Bank,National Association, as successor to Fifth third Bank, a state banking corporation (the "Lessor") and Southwest General Health Center (the "Sublessee") in order to refinance (a) the costs of acquiring, constructing, equipping and installing real and personal property improvements at Southwest General Health Center(the "Project"), all of which acquisition consisted ofpaying costs of acquiring, constructing, improving and equipping "hospital facilities", as defined in the Act, and (b) paying the costs of issuance relating to such financing, including the costs of any credit enhancement; and WHEREAS,at this time, the City has been informed by the Sublessee and the Lessor that the Sublessee, a non-profit corporation which has received a determination from the Internal Revenue Service that it is an entity described in Section 501(c)(3) of the Internal Revenue Code, and the Lessor seek to modify certain terms and the Prior Lease Obligations including: (a) modifying the existing interest rate mode on the Prior Lease Obligations to a different interest rate mode, and (b) assigning the Prior Lease Obligations to Fifth Third Commercial Funding, Inc. as Lessor/Assignee; and  WHEREAS,pursuant to the Act and in response to the request of Sublessee, it is necessary to authorize a First Amendment to the Prior Lease Obligations (the "First Amendment"), an amendment to Schedule of Payments Number 1 and Schedule of Payments Number 2 to the Prior Lease Obligations (the "Revised Schedule of Payments"), a Tax Compliance Certificate and Agreement (the "Tax Agreement"), and all other related documents hereinafter identified; NOW,THEREFORE,BE IT ORDAINED by the City Council (the "Council") of the City of Middleburg Heights, Cuyahoga County, Ohio, that: SECTION 1. Determinations of the Council. The City finds and determines, based on information provided by the Sublessee, that the proposed modifications to the Prior Lease Obligations will advance the purposes of the Act, including better providing for the health and welfare of the residents of the City and the State by enhancing the availability, efficiency and economy of hospital facilities so that hospital facilities and the services rendered thereby continue to be available to or for the services ofthe general public without discrimination by reason of race, creed, color or national origin and at the lowest possible cost. SECTION 2. Authorization and Terms of the First Amendment. Pursuant to the laws ofthe State of Ohio and under the guidance of Section 103, Sections 141-150,and Section 1001, all of the Internal Revenue Code of 1986, as amended, and Treasury Regulation Section 1.1001-3 (collectively, the "Internal Revenue Code Provisions"), this Council hereby finds and determines, based on the representations ofthe Sublessee that the modifications to the Prior Lease Obligations and resulting deemed reissuance of the Prior Lease Obligations is consistent with the provisions of Chapter 140 of the Ohio Revised Code and the aforementioned tax code provisions. As a result of a change in the interest rate mode, the lease obligations reissued under the First Amendment are treated as currently refunding the Prior Lease Obligations for federal tax purposes. The Prior Lease Obligations, as amended by the First Amendment, and Revised Schedule of Payments are considered reissued (the "Amended Lease Obligations") in a principal amount that reflects any principal payments made between the date of issuance ofthe Prior Lease Obligations and the date of issuance of the Amended Lease Obligations. With the exception of the First Amendment, the Revised Schedule of Payments, and the tax documentation for the current reissuance and this Ordinance, all documents and legislation related to the Prior Lease Obligations will remain in full force and take effect with the effectiveness of the Amended Lease Obligations. In connection with the deemed current refunding of the Prior Lease Obligations, this Council hereby determines that it is appropriate to execute and deliver (i) the First Amendment, (ii) Revised Schedule of Payments; (iii) the Tax Agreement; and (iv) Internal Revenue Service Form 8038 and any other certificates or documents required to accomplish the proposed modifications to the Prior Lease Obligations. The Mayor, the Director of Finance, and the Clerk (the "Authorized Signers") are authorized and directed to make the necessary arrangements on behalf of the City to take all steps necessary to effect due signing and delivery on behalf of the City of the First Amendment and other documents and certificates related thereto under the terms of this Ordinance. 2  SECTION 3. Security for Lease Obligations. To the extent provided in and except as otherwise permitted by the First Amendment, the Revised Schedule of Payments, the Tax Agreement and all documents and legislation related to the Prior Lease Obligations and Amended Lease Obligations, the City's obligations thereunder, including the Prior Lease Obligations as amended by the First Amendment, shall be special obligations of the City and shall be payable solely from the Revenues, as defined and provided in those documents and being generally the Rental Payments to be made by the Sublessee pursuant to the First Amendment, the Revised Schedule of Payments, and the Tax Agreement. The Prior Lease Obligations, First Amendment and the Revised Schedule of Payments do not and shall not represent or constitute a general obligation, debt, bonded indebtedness or a pledge of the faith and credit of the City, the State or any other political subdivision thereof The Lessor shall not have the right to have excises, ad valorem or other taxes levied by this Council or the City, or by the State or the taxing authority of any other political subdivision for the payment of the Rental Payments. The Amended Lease Obligations shall contain a statement to that effect and to the effect that the Rental Payments are payable solely from the Revenues. SECTION 4. Covenants and Agreements of the City. In addition to the other covenants of the City in this Ordinance and in the First Amendment,the Revised Schedule ofPayments, and the Tax Agreement, the City further covenants and agrees as follows: (a) Authority and Actions. The City is, and upon delivery of the First Amendment, the Revised Schedule of Payments, and the Tax Agreement, will be, duly authorized by the laws of the State, particularly and without limitation the Act, to sign and deliver the First Amendment, the Revised Schedule of Payments, the Tax Agreement, and other instruments and documents in connection therewith to which it is a party. All actions on the part of the City for the signing and delivery of the First Amendment, Revised Schedule ofPayments,the Tax Agreement and such other instruments and documents have been or will be duly and effectively taken. The First Amendment, the Revised Schedule of Payments, and the Tax Agreement will be valid, binding and enforceable special obligations of the City according to the terms thereof. Each duty of the City and of its officers and employees undertaken pursuant to the First Amendment,the Revised Schedule of Payments, and the Tax Agreement is a duty specifically enjoined by law pursuant to Section 140.06(J), Ohio Revised Code, upon the City and each of those officers and employees having authority thereunder or by provision oflaw to perform the duty,resulting from an office, trust or station, within the meaning ofSection 2731.01, Ohio Revised Code, providing for enforcement by writ of mandamus. (b) Federal Tax Matters. To the extent within its power and control, the City (i) will take, or require to be taken, all actions known by the City to be required of it for the interest component of the Rental Payments to be and remain excluded from gross income of holders for federal income tax purposes and from treatment as an item of tax preference for purposes of the alternative minimum tax under the Code, and (ii) will not knowingly take or authorize to be taken any actions that would adversely affect that exclusion under the provisions ofthe Code. The Authorized Signers are hereby authorized and directed to take any and all actions and make or give such reports and certifications, as may be appropriate to assure such exclusions of that interest. 3  (c) Further Assurances. The City shall, at the expense of the Sublessee, do all things and take all actions on its part necessary to comply with obligations, duties and responsibilities on its part under the documents to which the City is a party. Nothing herein or in the documentation to which the City is a party shall be construed as requiring the City to operate the Project or to use any moneys from any source other than Revenues or the special funds. (d) Transcript. The Clerk of Council shall, at the expense of the Sublessee, furnish to the Lessor/Assignee a true transcript all proceedings that occurred with respect to the Amended Lease Obligations. SECTION 5. Lease Documents. To provide for the First Amendment, the Revised Schedule of Payments, and the Tax Agreement and the consummation of the transactions contemplated thereby, the Authorized Signers, independently or collectively, are eaeh authorized and directed to sign, acknowledge and deliver, in the name and on behalf of the City the First Amendment,the Revised Schedule ofPayments, and the Tax Agreement,in substantially the form on file with this Counsel. The First Amendment,the Revised Schedule of Payments, and the Tax Agreement shall be approved with changes therein not inconsistent with this Ordinance and not substantially adverse to the City that are permitted by the Act and shall be approved by any or all of the Authorized Signers; provided that the approval of those changes by any or all of the Authorized Signers and their character as not being substantially adverse to the City, shall be conclusively evidenced by his/her signing of that instrument. SECTION 6. Other Documents and Actions. Any of the Authorized Signers, as appropriate, are each further authorized and directed to sign any certifications, financing statements, assignments, other documents and instmments and to take such actions as are necessary or appropriate to consummate the transactions contemplated by this Ordinance. The Authorized Signers, as appropriate, are each further authorized to take any actions on behalf ofthe City that are required or permitted to be taken by the City under or pursuant to the First Amendment, the Revised Schedule of Payments, the Tax Agreement and any other doeuments entered into pursuant to this Ordinance during the period the First Amendment, the Revised Sehedule of Payments, the Tax Agreement, and any other such documents are in effect. The Director of Finance of the City is authorized to give any certifications that may be required under Sections 5705.41 and 5705.44, Ohio Revised Code, with respect to any of the documents to which the City is a party, and any moneys to be paid to the City under the First Amendment, the Revised Schedule of Payments, and the Tax Agreement are hereby appropriated for that purpose. All costs and expenses of the City associated with this Ordinance shall be paid by the Sublessee. SECTION 7. Compliance with Open Meeting Requirements. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting ofthis Council, and that all deliberations of this Council and of any of its committees that resulted in such formal actions were in meetings open to the 4 public, in compliance with all legal requirements including Chapter 107 of the Codified Ordinances and Section 121.22 of the Ohio Revised Code. SECTION 8. Declaring an Emergency. 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 because without the timely reissuance of the Amended Lease Obligations, the City materially increases the risk of inadequately providing "hospital facilities" (as defined in the Act) in a timely and efficient manner, thereby increasing the risk of adversely impacting the public peace, health and safety of the citizens of the City. Therefore, this Ordinance shall take effect and be in force immediately upon its passage and approval by the Mayor. 5 PASSED PRESIDENT OF COUNCIL ATTEST: CLERK OF COUNCIL PRESENTED TO MAYOR APPROVED ON: YEAS NAYS MAYOR BORTOLOTTO ALI SAGE MEANY MCGREGOR FERENCE GRECH I, Clerk of the Council of the City of Middleburg Hts., Ohio, hereby certify that adopted by the Council of the City of Middleburg Hts., on was posted for a period of fifteen days, beginning and remained so posted for fifteen days at the two posting places as designated by Charter. Clerk CERTIFICATE I, , Clerk of Council of the City of Middleburg Heights, Ohio, do hereby certify that the foregoing is a true and accurate copy of passed on the day of 20 by said Council. Clerk of Council 6  delivered NOV 0 4 ?0?1 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2021- Introduced By: Mr. Grech Co-Sponsors: Mr. Bortolotto, Mr. Ference AN ORDINANCE EXTENDING A MORATORIUM ON THE ISSUANCE AND PROCESSING OF ANY PERMITS ALLOWING RETAIL DISPENSARIES, CULTIVATORS, OR PROCESSORS OF MEDICAL MARIJUANA WITHIN THE CITY OF MIDDLEBURG HEIGHTS, OHIO AND DECLARING AN EMERGENCY WHEREAS, Ordinance 2017-90, passed November 16, 2017 established a temporary moratorium on the issuing and processing of any permits allowing retail dispensaries, cultivators, or processors of medical marijuana within the City of Middleburg Heights and Ordinances 2018-84, passed November 13, 2018 and 2019-122, passed December 10, 2019, extended the moratorium for an additional period of 12 months from the effective date of the Ordinances, Ordinance 2020-93, passed November 24, 2020 extended the moratorium an additional period of 6 months for the effective date of the Ordinance; and WHEREAS, Substitute House Bill 523, authorized the use of marijuana for medical purposes and established the medical marijuana control program; and WHEREAS, for the purposes of this Ordinance, the definitions of “cultivators”, “processors” and “retail dispensaries” are given the same definitions as those found in Substitute House Bill 523 and Chapter 3796 of the Ohio Revised Code, which Chapter was effective September 8, 2016; and WHEREAS, Ohio Revised Code Section 3796.29 authorizes a municipality to limit the number of, or entirely prohibit, cultivators, processors, or retail dispensaries licensed under Ohio Revised Code Section 3796.29 in the City of Middleburg Heights; and WHEREAS, the City of Middleburg Heights is continuing to work 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 wiii temporariiy preserve the status quo pending further study of a new Comprehensive Master Pian and Zoning Code update; and WHEREAS, the Mayor and Councii have determined the extension of this moratorium wiii protect the pianning process and wiii be in the best interest of the community, heaith, safety, and weifare to undertake a review of the Middieburg Heights Zoning Code and to consider updates so that any necessary reguiations conform to the goais of the City of Middieburg Heights. NOW, THEREFORE, BE iT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDIEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: The Mayor and Council hereby extend a moratorium for an additional period of 6 months from the effective date of this Ordinance, on the issuance and processing of permits for cultivators, processors, and retail dispensaries of medical marijuana. Section 2: The purpose of this extended moratorium is so that the City Administration, Council, and Planning Commission can continue review of the Middieburg Heights Zoning Code and consider amendments thereof relative to the law and the related issues and then determine whether to limit or entirely prohibit cultivators, processors, and retail dispensaries in the City of Middieburg Heights and to prepare any necessary related regulations. Section 3; Council and the Mayor hereby direct and order that no permits for cultivators, processors or retail dispensaries of medical marijuana shall be issued or processed by the City of Middieburg Heights during the extended 6-month moratorium. Section 4: The extended moratorium shall be in effect for a period of 6 months from the effective date of this Ordinance, or until changes are enacted to amend the Codified Ordinance of the City of Middieburg Heights to address theses issues, or until Council approves legislation explicitly revoking this moratorium, whichever occurs first. Section 5: 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 Middieburg Heights Code and Section 121.22 of the Ohio Revised Code. Section 6: 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, and for the further reason that it is immediately necessary to impose an extended moratorium of 12 months on the granting of permits for medical marijuana-related businesses in the City of Middleburg Heights in order to allow Council time to accomplish the city’s goals as stated above. 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  OMNI SENIOR LIVING delivered NOV 0 4 ?0?f CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2021- Introduced By: Mr. Grech Co-Sponsors: Mr. Bortolotto, Mr. Ference AN ORDINANCE REZONING PERMANENT PARCEL NUMBERS 371-08-012, 371-08-008, 371-08-009, 371-08-010, 371-08-013, 371-08-014, and 371-08-015 FROM THEIR PRESENT ZONING CLASSIFICATION OB (OFFICE BUILDING DISTRICT) and 371-08-011 FROM ITS PRESENT ZONING CLASSIFICATION R1-A (ONE-FAMILY A RESIDENTIAL DISTRICT) TO SR/LC(SENIOR RESIDENCE/LIFE CARE DISTRICT) WHEREAS, Omni Senior Living LLC has requested that Permanent Parcel Numbers 371-08-012, 371-08-008, 371-08-009, 371-08-010, 371-08-013, 371-08-014, and 371-08-015 be rezoned from OB (Office Building District) and 371-08-011 be rezoned from R1-A (One-Family A Residential District) to SR/LC (Senior Residence/Life Care District) Use District Classification; and WHEREAS, the Planning Commission recommends to Council that the requested zoning change be made; and WHEREAS, the Council deems that the requested zoning change in the hereafter described property should be made and the same is conducive to the public health, safety, convenience, prosperity, and the general welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS; Section 1 : That Ordinance No. 1982-170, the Zoning Ordinance of the City of Middleburg Heights and the zone map made a part of said Ordinance be changed and amended so as to rezone Permanent Parcel Numbers 371-08-012, 371-08-008, 371-08-009, 371-08-010, 371-08-013, 371-08-014, and 371-08-015 be from their present use classification OB (Office Building District) and 371-08-011 from its present use classification R1-A (One-Family A Residential District) to SR/LC (Senior Residence/Life Care District) Use District Classification, a copy of the legal description marked “Exhibit A" is attached hereto and made a part hereof. Section 2: That the City Engineer be and is hereby directed to immediately make the proper marking and changes on the zone map made a part of said Zoning Ordinance 1982-170 to clearly indicate the aforesaid zoning change in the use district of the above-described properties from their present OB (Office Building District) and R1-A (One-Family A Residential District) to SR/LC (Senior Residence/Life Care District) Use District Classification. 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. Passed; President of Council Presented to Mayor; Mayor Attest; Approved On; Clerk of Council Yea Nay Bortolotto Ali Sage Meany McGregor Ference Grech