City Council

City of Middleburg Heights, Ohio Council Agenda September 24,2024 7:00 P.M. REGULAR MEETING CALL TO ORDER ROLL CALL ● . PLEDGE OF ALLEGIANCE Minutes of the Regular Meeting of September 10,2024 Minutes of the Special Meeting of September 10, 2024 Minutes of the Public Hearing of September 10,2024 Minutes of the Executive Session of September 10,2024 COMMUNICATIONS TREX liquor permit request from Southland Lanes to Pinball Planet, Parma Heights. No objection from Police Chief Tomba. AUDIENCE PARTICIPATION/public comment on Sears asbestos abatement 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. Zakel, 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. Ference, Chairman MAYOR^S REPORT 1. Law Director 2. Finance Director 3. Recreation Director 4. Economic Development Director 5. Service Director ADJOURNMENT  City of Middleburg Heights, Ohio SEPTEMBER 24, 2024 Council Agenda PAGE 2 2024 PENDING LEGISLATION UN-NUMBERED LEGISLATION INTRODUCED BY MAYOR CASTELLI A Resolution authorizing the mayor to sign an agreement with the City of Parma for prisoner housing services. INTRODUCED BY MAYOR CASTELLI A Resolution authorizing the mayor to sign a Fourth Amendment to Agreement for Public Safety Dispatch Services between the City of Strongsville and the City of Middleburg Heights. INTRODUCED BY MAYOR CASTELLI A Resolution authorizing the mayor to sign an amendment to Stormwater Project Agreement No. 20003668 with the Northeast Ohio Regional Sewer District for Abram Creek Detention Basins near Big Creek Parkway Project. INTRODUCED BY MAYOR CASTELLI A Resolution extending a temporary moratorium on vape and smoke establishments or shops within the City of Middleburg Heights and declaring an emergency.  OHIO DIVISION OF LIQUOR CONTROL NOTICE TO LEGISLATIVE 6606 TUSSINC ROAD, P.O. BOX 4005 AUTHORITY REYNOLDSBURG, OHIO 43068-9005 (6141644-2360 FAX(814)e44-3ie6 TO 6926000 TREX PINBALL PLANET LLC DBA PINBALL PLANET PPPMIT lAdfiEfi. 10 01 2023 6277 PEARL RD STE B i^^iie n«TF PARMA HGTS OH 44130 08 28 2024 FH i»n n»TF D5 PPPMiT ACCCC 18 352 C F31967 TtJ bl^TPIgT RsePiPT Mft FROM 08/30/2024 58969620005 MHCS LLC PPPMIT MimflFB DBA SOUTHLAND LANES 10 01 2023 6800 W 130TH ST is<;iie oiTc MIDDLEBURG HGTS OH 44130 08 28 2024 D5 PFPMIT riAW«i 18 1352 ■TAX DISTRICT arcPiPT NO MAILED 08/30/2024 RESPONSES MUST BE POSTMARKED NO LATER THAN. 09/30/2024 IMPORTANT NOTICE PLEASE COMPLETE AND RETURN THIS FORM TO THE DIVISION OF LIQUOR CONTROL WHETHER OR NOT THERE IS A REQUEST FOR A HEARING. C TREX 6926000 REFER TO THIS NUMBER IN ALL INQUIRIES (TRANSACTION 4 NUMBER) (MUST MARK ONE OF THE FOLLOWING) WE REQUEST A HEARING ON THE ADVISABILITY OF ISSUING THE PERMIT AND REQUEST THAT THE HEARING BE HELD I 1 IN OUR COUNTY SEAT. I 1 IN COLUMBUS. WE DO NOT REQUEST A HEARING. □ DID YOU MARK A BOX? IF NOT, THIS WILL BE CONSIDERED A LATE RESPONSE PLEASE SIGN BELOW AND MARK THE APPROPRIATE BOX INDICATING YOUR TITLE: (Signature) fTillel-Cl County Commissioner (Date) I I Clerk of City Council □ Township Fiscal Officer CLERK OF MIDDLEBURG HGTS CITY COUNCIL ATTN: CLERK OF COUNCIL 15700 BAGLEY RD MIDDLEBURG HEIGHTS OHIO 44130 □LC 4092 REV. 03/09  DELIVERED SEP 1 9 2024 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2024- Introduced By: Mayor Matthew Castelli A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE CITY OF PARMA FOR PRISONER HOUSING SERVICES WHEREAS, the Middleburg Heights Police Department requires facilities for custody, supervision, confinement and board for prisoners; and WHEREAS, the City of Parma makes its detention facility available to neighboring cities for incarceration; and WHEREAS, the City of Parma agrees to accept prisoners transported to the detention facility from the City of Middleburg Heights, subject to housing availability or medical/psychological condition. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor is hereby authorized to sign an agreement with the City of Parma for prisoner housing services, a copy of the agreement is attached hereto and marked “Exhibit A”. 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. President of Council Mayor Passed: Presented to Mayor:  Yea Nay Attest: Bortolotto Clerk of Council Ali Sage Approved On: Meany McGregor Ference Zakel  AGREEMENT BETWEEN THE CITY OF PARMA AND I HE CITY OF MIDDLEBURG HEIGHTS FOR PRISONER HOUSING SERVICES THIS CONTRACT is entered into this November 11, 2024, (“effective date”) by and between the City of Parma, Ohio and 'I'hc City of Middieburg Heights, Ohio (Hereinafter called “the contracted city”). City of Parma and “the contracted city” hereto agree as follows; h DESCRIPTION OF SERVICES AND RESPONSIBILITIES THE CONTRACTED CITY AGREES TO AND WILL: a. 1 ransport prisoners to Parma Detention Facility for incarceration subject to City of Parma declination for capacity or due to application of standard jail criteria applicable to ail prisoners (medical/psychological or other extraordinary circumstances). b. The City of Parma may decline acceptance of any prisoner for any reason, c. Tlie City of Parma may require “the contracted city” to remove any inmate from the Parma Detention Facility for any reason. d. The contracted city may utilize the Parma Detention Center as its SECONDARY jail source, e. Assume responsibility for all cost associated with all medical, psychological, dental, vision care, prescription medication, and/or other extraordinary costs or services that may arise from and during confinement of “the contracted city’s” prisoners. f ASvSume responsibility for filling all prescriptions for “the contracted city’s” prisoners, pickup and delivery of these prescriptions promptly to the jail, and satisfaction of the payment of prescriptions with the pharmacy, g. Assume responsibility for the service of all appropriate and necessary legal documents on “the contracted city’s” prisoners with required copies to the City of Parma, h. Assume respojisibility for the transportation and appearance of “the contracted city’s” prisoners to all legal proceedings and/or crustody transfers to outside courts/facilitics (appearance at Parma Municipal Couit are excepted), i. Complete a commitment form and supply Parma Correction Officers with sufficient information as may be reasonably required to ensure the safety of the prisoner, City of Parma personnel, and other inmates, j. Aid in the completion of all necessary prisoner documentation and processing, k. Assume responsibility for the timely notice to the City of Parma of release of inmates incarcerated by “the contracted city.” i. Assign any right of revenue or collection regarding any sentenced prisoners which has means and/or money and/or medical insurance, m. Add the City of Parma as an additional insured on liability insurance or an equivalent insurance rider in an amount not less than v$2,000,000 per incident or for any prisoner housed or confined by the City of Parma as authorized by “the contracted city.” Contracted City shall give a copy of liability insurance to the City of Parma. 1 n. Shall not transport any juvenile offenders to the Parma detention Faeility for any reason. 0. Upon the request of the Parma Jail Administrator, periodically review the bond status of prisoners held for multiple days while awaiting a hearing in “the contracted city’s” court, p. Ill the event “the contracted city’s” prisoner is treated as a patient at any medical facility, the “the contracted city” will maintain responsibility lor security of their prisoner while at that facility. The City of Parma agrees to provide notice to “the contracted city” in a timely manner of the need to provide such security. If “the contracted city” cannot provide security within one-hour timeframe of being notified, Parma Police Department will provide security for the inmate at an hourly rate of 1.5 times the top hourly rate per officer under the officer’s collective bargaining agreement or highest statutorily established rate of pay. The number of officers required to provide such security will be determined by the Parma Police Department, but in no event will it be less than two officers. Hourly charges will be included on the monthly invoice. THE CITY OF PARMA AGREES TO AND/OR WILL: a. Accept prisoners transported to the facility by “the contracted city,” subject to housing availability or medical/psychological condition, b. Ensure the proper housing, custody, confinement, feeding, board, supervision, and care of prisoners who are committed by “the contracted city” in accordance with the Minimum Standard for Jail in Ohio pursuant to the Ohio Administrative Code, c. Comply with all state and federal laws regarding housing prisoners including, but not limited to, the Prison Rajie Elimination Act, and the Health Insurance Portability and Accountability Act. d. Keep prisoner documentation from intake to release with information provided by “the contracted city,” including but not limited to information necessary for the safety of the prisoner, Parma Detention Center personnel, and other inmates, e. Provide access to records related to “the contracted city’s” prisoners, f Jh'ovide secure services (via court bailiff or video arraignment) from the Parma Detention Center to the Parma Municipal Court, g. Provide fingerprinting, breathalyzer testing, and DNA swab sampling, h. Provide routine medical care through the guidance of the Parma Detention Center Physician and/or medical staff i. Pi'ovide emergency medical and/or transport services to a hospital or mental facility as determined by the Physician, medical staff, Parma Detention Center employees, Parma Police Department, or Parma Fire Department, j. Notify the “the contracted city” as soon as practical of any medical care and/or other extraordinary costs or services that become necessary, and prior to transport to a medical facility for a non-emergency care. 2  II. PAYMENT AND BILLING 1 he contracted city” agrees to pay City of Parma the sum of One Hundred Fifty Dollars ($150.00) per prisoner per day. For the purposes of this Agreement, the first prisoner day will be constituted by a booking and/or stay in the jail up to 24 hours. Each subsequent day shall be defined as any part of a 24-hour period. The City of Parma shall send an invoice monthly detailing the amount owed and the number of “the contracted city” prisoner days incuiTed during the previous month. “The contracted city” will pay billed charges as specified in this Agreement directly to the City of Parma within 30 days of invoice receipt. City of Parma has the right to assess 1 % interest per month on any unpaid invoice after thirty (30) days from the date of the invoice. Any interest charged shall not exceed 12% per year and shall not be assessed against any invoice disputed by “the contracted city”. City of Parma shall not assess any interest, penalties, late fees, or other charges other than those expressly agreed to in this Agreement. III. TERM This Agreement shall be in effect beginning on the effective date first stated above and shall remain in effect until terminated. This Agreement may be terminated without cause by either party in writing upon sixty (60) days advance notice. This Agreement will be reviewed every two years, and the terms will be updated to conform with current costs of detention and operational procedures. The City of Parma reserves the right to review and present the contracted city, at any time, an updated Agreement due to unforeseen cost increases. Any subsequent Agreement will supersede this executed Agreement. IV. PUBLIC RECORDS All parties hereto acknowledge the City of Parma is a political subdivision in the Slate of Ohio and as such is subject to the Ohio Revised Code and other laws related to the keeping of and access to Public Records, including all applicable Sunshine Laws, open meeting requirements and retention schedules affecting any and all manner of communication with “the contracted city”. V. GOVERNING LAW AND JURISDICTION This Agreement shall be governed by and construed under the laws of the State of Ohio. The parties agree the state and federal courts sitting in Ohio will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts. This Agreement conforms to the ordinances, resolutions and regulations of the City of Parma and “the contracted city.” The individuals signing on behalf of the parties to this Agreement affirm they arc authorized to execute this Agreement on behalf of the City of Parma and “the contracted city.” 3 IN WITNESS WHEREOF, authorized representatives of the parties to this AGREEMENT, indicating their party’s approval of the terms herein, have signed as of the dates set forth below. CITY OF PARMA CITY OF MIDDLEBURG HTS. Date Date 4  DELIVERED SEP 1 9 2024 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2024- Introduced By: Mayor Matthew Castelli A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A FOURTH AMENDMENT TO AGREEMENT FOR PUBLIC SAFETY DISPATCH SERVICES BETWEEN THE CITY OF STRONGSVILLE AND THE CITY OF MIDDLEBURG HEIGHTS WHEREAS, through adoption of Resolution No. 2021-40 on May 27, 2021, the Middleburg Heights City Council authorized an agreement with the City of Strongsville for public safety services; and WHEREAS, yearly thereafter, the parties have entered into various amendments to the Agreement, which provide for adjustments to the provision for payment based on the total number of years of operation and consistent with the original Agreement; and WHEREAS, now based upon three and one-half years (3-1/2) of operations and in accordance with provisions of said Agreement, it is now necessary to further amend the provision relating to payment for Dispatch Services. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor is hereby authorized to sign the “Fourth Amendment to Agreement for Public Safety Dispatch Services between the City of Strongsville and the City of Middleburg Heights”, a copy of which is attached hereto and marked “Exhibit A”. 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. President of Council Mayor Passed: Presented to Mayor:  Yea Nay Attest: BortoLotto Clerk of Council Ali Sage Approved On: Meany McGregor Ference Zakel  FOURTH AMENDMENT TO AGREEMENT FOR PUBLIC SAFETY DISPATCH SERVICES BETWEEN THE CITY OF STRONGSVILLE, OHIO AND MIDDLEBURG HEIGHTS, OHIO THIS FOURTH AMENDMENT TO AGREEMENT made at Strongsville, Ohio, this day of , 2023, by and between the CITY OF STRONGSVILLE, Ohio, hereinafter designated as “Strongsville' and MIDDLEBURG HEIGHTS, Ohio, hereinafter designated as “Middleburg”. WITNESSETH: WHEREAS, through adoption of Ordinance No. 2021-084 on June 7, 2021, the Strongsville City Council authorized an Agreement with the City of Middleburg Heights for public safety services; and WHEREAS, through adoption of Resolution No. 2021-40 on May 27, 2021, the Middleburg Heights City Council likewise authorized an Agreement with Strongsville for such public safety services; and WHEREAS, on June 7, 2021, Strongsville and Middleburg entered into an Agreement for Public Safety) Dispatch Sei-vices, in which Strongsville agreed to dispatch Middleburg Police Department and Fire Department calls, on a twenty-four (24) hour basis, to authorized personnel of the Middleburg Police Department and the Middleburg Fire Department and otlier public safety resources generally with regard to emergency and non-emergency incidents, and with communication support and services/systems directly related to the dispatch function, and subject to other specific terms and conditions contained therein; and WHEREAS, at that time, Middleburg agreed to certain terms and conditions in connection with payment to Strongsville for Strongsville’s provision of such Dispatch Services; and WHEREAS, based upon one-half year of operations in 2021 and in accordance with provisions of said Agreement, it was necessary to amend the provision relating to payment for Dispatch Services; and WHEREAS, on November 1, 2021, the parties entered into a First Amendment to Agreement providing for an adjustment to the provision for payment based upon the one-half year of operations and consistent with the Agreement, and as authorized by Strongsville City Council in Ordinance No. 2021-143; and WHEREAS, yearly thereafter, the parties have entered into various amendments to the Agreement, which provide for adjustments to the provision for payment based on the total number of years of operation and consistent with the original Agreement, and subsequently authorized by Strongsville City Council in Ordinance Nos. 2023-015 and 2024-007; and  WHEREAS, now based upon three and one-half years {VA) of operations and in accordance with provisions of said Agreement, it is now necessary to further amend the provision relating to payment for Dispatch Services. NOW, THEREFORE, in consideration of the premises and the mutual covenants set forth in the Agreement and herein, it is agreed as follows: 1. Article 1(E) of the Agreement be and is hereby amended to read in part as follows; E. Payment for Dispatch Services: Middleburg, in consideration of the provision of the Dispatch Services outlined herein, agrees to pay Strongsville the amount of Thirty-Seven Thousand Five Hundred and 00/100 Dollars ($37,500.00) for the month of June, 2021 and each month thereafter until December 31, 2021, by the fifteenth (15'’’) of each month for Dispatch Services provided in that month. For the period of operation from January 1, 2022 through December 31, 2022, Middleburg will pay Strongsville at an increased rate of pay of Thirty-Eight Thousand Three Hundred Thirty-Four and 00/100 Dollars ($38,334.00) per month by the fifteenth (15'^) of each month for Dispatch Services provided in that month, for a total of Four Hundred Sixty Thousand Eight and 00/100 Dollars ($460,008.00). For the period of operation from January 1, 2023 through December 31, 2023, Middleburg will pay Strongsville at an increased rate of pay of Forty Thousand Six Hundred Thirty-Three and 00/100 Dollars ($40,633.00) per month by the fifteenth (15^^) of each month for Dispatch Services provided in that month, for a total of Four Hundred Eighty-Seven Thousand Five Hundred Ninety-Six and 00/100 Dollars ($487,596.00). For the period of operation from January 1,2024 through December 31, 2024, Middleburg will pay Strongsville at an increased rate of pay of Forty-One Thousand Four Hundred Thirty-One and 42/100 Dollars ($41,431.42) per month by the fifteenth (15'*^) of each month for Dispatch Services provided in that month, for a total of Four Hundred Ninety-Seven Thousand One Hundred Seventy-Seven and 00/100 Dollars ($497,177.00). For the period of operation from January K 2025 through December 31, 2025, Middleburg will pay Strongsville at an increased rate of pay of Fort>-Two Thousand Five Hundred Thirty-Five and 83/100 Dollars ($42,535.83) per month by the fifteenth (15''') of each month for Dispatch Services provided in that month, for a total of Five Hundred Ten Thousand Four Hundred Thirty and 00/100 Dollars ($510,430.00).” 2  2. This Fourth Amendment to Agreement amends, modifies and supplements the Agreement effective January 1, 2025 only as specifically set forth herein. All rights and obligations of Strongsville and Middleburg under the Agreement and all other provisions not specifically amended herein remain unmodified and in full force and effect. 3. This Fourth Amendment to Agreement shall be binding upon Strongsville and Middleburg and their respective successors and assigns. IN WITNESS WHERJEOF, the parties hereto have executed this Amendment to Agreement the day and year first above written. Signed in the presence of CITY OF MIDDLEBURG HEIGHTS (“Middleburg”) By: Matthew J. Castelli, Mayor CITY OF STRONGSVILLE (“Strongsville”) By: Thomas P. Perciak, Mayor CERTIFICATE OF FINANCE DIRECTOR I hereby certify that the amount of money required to meet the expenditures called for by this Amendment to Agreement is in the treasury, to the credit of the fund for which it is to be drawn, or in the process of collection, and not appropriated for any other purpose. Date Jason Stewart, Finance Director City of Middleburg Heights CERTIFICATE OF LAW DIRECTOR FOR MIDDLEBURG HEIGHTS I have hereby reviewed and approved the form of the foregoing Amendment to Agreement this day of ,2024. Santo T. Incorvaia. Law Director 3  CERTIFICATE OF LAW DIRECTOR FOR THE CITY OF STRONGSVILLE I have hereby reviewed and approved the form of the foregoing Amendment to Agreement this day of , 2024. Neal M. Jamison, Law Director 4  DELIVERED SEP 1 9 2024 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2024- Introduced By: Mayor Matthew Castelli A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AMENDMENTTO STORMWATER PROJECT AGREEMENT NO. 20003668 WITH THE NORTHEAST OHIO REGIONAL SEWER DISTRICT FOR ABRAM CREEK DETENTION BASINS NEAR BIG CREEK PARKWAY PROJECT WHEREAS, through adoption of Resolution No. 2020-35 on May 7, 2020, the Middleburg Heights City Council authorized an agreement with the Northeast Ohio Regional Sewer District for the Abram Creek Detention Basins Near Big Creek Parkway Project; and WHEREAS, it is necessary to increase the Total Agreement Amount by an amount not- tO-exceed $1,500,000.00 to complete the construction of the two (2) remaining stormwater detention basins; and WHEREAS, the Parties have also agreed to remove the five (5) year project schedule referenced in the agreement; and WHEREAS, it is, therefore, necessary for the parties to amend the Agreement pursuant to Section 4.8 of the Agreement and as further set forth in this Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor is hereby authorized to sign the "Amendment to Stormwater Project Agreement No. 20003668 between Northeast Ohio Regional Sewer District and City of Middleburg Heights for Abram Creek Detention Basins Near Big Creek Parkway Project”, a copy of which is attached hereto and marked “Exhibit A”. 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.  President of Council Mayor Passed: Presented to Mayor: Yea Nay Attest: Bortolotto Clerk of Council Ali Sage Approved On: Meany McGregor Ference Zakel  Northeast Ohio Regional Sewer District Amendment to Stormwater Project Agreement No. 20003668 between Northeast Ohio Regional Sewer District and City of Middleburg Heights for Abram Creek Detention Basins Near Big Creek Parkway Project THIS AMENDMENT TO AGREEMENT ("Amendment") is entered into this day of / 2024, between the Northeast Ohio Regional Sewer District (the "District"), a regional sewer district organized and existing as a political subdivision of the State of Ohio under Chapter 6119 of the Ohio Revised Code, pursuant to the authority of Board of Trustees Resolution No. adopted 2024 (Exhibit "A") and the City of Middleburg Heights ("City"), pursuant to the authority of City Council Ordinance No. passed , 2024 (Exhibit "B"). RECITALS 1. On or around May 27, 2020, the District and the City entered into Agreement No. 20003668 (the "Agreement'O for the purpose of memorializing the terms and conditions under which the City would perform the Abram Creek Detention Basins Near Big Creek Parkway Project (the "Project"), which included Installing three (3) stormwater detention basins, improving the level of service of the Regional Stormwater System from its existing level of service of less than a 2-year event in furtherance of the goals of the District's Regional Stormwater Management Program, with the District reimbursing the City an amount not-to-exceed $3,800,000.00 (the "Total Agreement Amount") toward certain costs related to the design, permitting, and construction of the Project. 2. It is necessary to increase the Total Agreement Amount by an amount not- to-exceed $1,500,000.00 to complete the construction of the two (2) remaining stormwater detention basins. The Increase in the Total Agreement Amount is due to design and construction changes required for the specific property available to be acquired, as well as detailed design elements not previously identified in the District's advanced planning study. 3. The Parties have also agreed to remove the five (5) year project schedule referenced in the Agreement.  4. It is, therefore, necessary for the parties to amend the Agreement pursuant to Section 4.8 of the Agreement and as further set forth in this Amendment. In consideration of the foregoing, the payments and the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. The Total Agreement Amount is hereby increased by $1,500,000.00 for an amended Total Agreement Amount not-to-exceed $5,300,000.00. 2. Paragraph 1.1.10 Project Schedule of the Agreement is hereby amended to remove the second sentence of such paragraph, to wit: "The Project duration for design and construction shall not exceed five (5) years from the Effective Date of this Agreement." 3. The provisions of this Amendment are hereby incorporated into the Agreement, as if fully rewritten therein. Ail terms used herein shall be defined and construed in the manner set forth in the Agreement. Except as otherwise provided in, or as otherwise necessary or appropriate to give effect to the terms of this Amendment, all the provisions, terms and conditions contained in the Agreement and not inconsistent with this Amendment shall remain unchanged and in full force and effect. In the event of any conflict between the Agreement and this Amendment, the terms, conditions and provisions of this Amendment shall control. [signature page follows] 2  The parties have executed this instrument as of the date and year first above written. NORTHEAST OHIO REGIONAL SEWER DISTRICT By: Kyle Dreyfuss-Wells Chief Executive Officer By: Darnell Brown, President Board of Trustees CITY OF MIDDLEBURG HEIGHTS By: Matthew Castelli Mayor The Legal Form and Correctness of this Instrument is Hereby Approved: CITY OF MIDDELBURG HEIGHTS Santo Incorvaia Law Director This Instrument Prepared By: Katarina K. Waag Assistant General Counsel Northeast Ohio Regional Sewer District Each party agrees that this Agreement mav be executed and distributed for signatures via email, and that the emailed signatures affixed bv both parties to this Agreement shall have the same legal effect as if such signatures were in their originally written format. j AMENDMENT TO AGREEMENT NO. 20003668 CERTIFICATION NORTHEAST OHIO REGIONAL SEWER DISTRICT WITH It is hereby certified that the amount required to meet the contract, agreement, obligation, payment CITY OF MIDDLEBURG HEIGHTS or expenditure, for the above, has been lawfully FOR appropriated or authorized or directed for such purpose and is in the Treasury or in process of ABRAM CREEK DETENTION BASINS NEAR collection to the credit of the fund free from any BIG CREEK PARKWAY PROJECT obligation or certification now outstanding. Original Agreement Amoiinl: S3.800.000.00 Total Additional Amouni: Sl.500.000.00 KENNETH J. DUPLAY CHIEF FINANCIAL OFFICER Total Amended Amount: -S5.300.000.00 Date The legal form and con'ectness of the within instrument are hereby approved. ERIC J. LUCKAGE CHIEF LEGAL OFFICER Date BUDGET CENTER 8100 4  DELIVERED SEP 1 9 2024 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2024- Introduced By: Mayor Matthew Castelli A RESOLUTION EXTENDING A TEMPORARY MORATORIUM ON VAPE AND SMOKE ESTABLISHMENTS OR SHOPS WITHIN THE CITY OF MIDDLEBURG HEIGHTS AND DECLARING AN EMERGENCY WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact planning and zoning laws that are for the health, safety, welfare, comfort, and peace of the citizens of the municipality, including restricting areas used for business and trade; and WHEREAS, on April 23, 2024, this Council passed Resolution 2024-32 establishing a temporary moratorium on Vape and Smoke Establishments or Shops within the City of Middleburg Heights; and WHEREAS, this Council desires to extend the moratorium, for a temporary period of time to further undertake a review of information on the effects of vaping and e- cigarettes and a review and/or study of the ordinances of the City of Middleburg Heights, including zoning, building, and business regulations; and WHEREAS, this Council will be able to enact reasonable regulations to protect the health, safety, welfare, peace, and comfort of the citizens of the City of Middleburg Heights more effectively if a moratorium is in place. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That this Council hereby extends the temporary moratorium, for a period of six months from the effective date of this resolution, that the City shall not accept, process, or approve any new applications or issue any new permits, licenses, variances, or any zoning applications from or for vape/smoke establishments or shops within the City of Middleburg Heights. 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. Section 3: That this Resolution 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 this measure is necessary in order to establish this temporary moratorium as soon as possible. Wherefore, provided this Resolution 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: Clerk of Council Approved On: Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel