City Council

City of Middleburg Heights, Ohio Council Agenda May 27,2025 6:00 P.M. REGULAR MEETING CALL TO OPO)ER ROLL CALL PLEDGE OF ALLEGIANCE Minutes of the Regular Meeting of May 13,2025 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. 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 MAY 27,2025 Council Agenda PAGE 2 UN-NUMBERED LEGISLATION INTRODUCED BY COUNCILMAN MEANY A Resolution authorizing the mayor to enter into an agreement with Cuyahoga County for Pavement Preventative Maintenance Services. INTRODUCED BY MAYOR CASTELLI A Resolution accepting the grant of an easement from Medina Creative Housing, Inc. INTRODUCED BY MAYOR CASTELLI A Resolution authorizing the mayor to enter into a Memorandum of Understanding with the Cuyahoga County Public Library for a Reading Garden adjacent to the Library. INTRODUCED BY MAYOR CASTELLI A Resolution authorizing the mayor or his designee to enter into an agreement with the Berea City School District for the use of BCSD owned equipment to perform training exercises. INTRODUCED BY MAYOR CASTELLI An Ordinance to make supplemental appropriations for current expenditures and expenses for the city of Middleburg Heights for the calendar year 2025  DELIVERED MAY 2 2 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2025- Introduced By: Mr. Meany Co-Sponsors: Mr. Ali, Mr. McGregor A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH CUYAHOGA COUNTY FOR PAVEMENT PREVENTATIVE MAINTENANCE SERVICES WHEREAS, the Cuyahoga County Department of Public Works is offering a County Routes Crack-Sealing (CRCS) program; and WHEREAS, the County will provide to Municipalities free of charge pavement crack sealing and striping or asphalt surface preservation for each roadway improvement described in Section A of the agreement. Pavement crack sealing and striping or asphalt surface preservation are limited to the 2025 construction season and will be provided only one time; and WHEREAS, upon completion of crack sealing, striping and asphalt surface preservation work performed by the County, the Municipalities will continue to maintain all the roadways listed in Section A in accordance with the statutes relating thereto. 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 enter into an agreement with Cuyahoga County to perform pavement crack sealing and striping or asphalt surface preservation for each roadway improvement described in Section A of the agreement, a copy of said 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. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel  EXHIBIT A MASTER COOPERATION AGREEMENT FOR PAVEMENT PREVENTATIVE MAINTENANCE SERVICES This Master Agreement (the '‘Agreemenr) made and entered into this (the Effective Date”) and between County of Cuyahoga, Ohio, a body corporate and politic and a political subdivision of the State of Ohio organized and existing under the Charter of Cuyahoga County effective January 1, 2010. as same may have been amended, modified, and supplemented to the date hereof, on behalf of the Department of Public Works (the ■‘County”) and the following State of Ohio municipalities (hereinafter referenced individually as “Municipality and collectively as “Municipalities”) identified as follows: 1. City of Bedford 2. City of Bedford Heights 3. City of Brook Park 4. City of Brooklyn 5. City of Cleveland 6. City of Cleveland Heights 7. Village of Cuyahoga Heights 8. City of East Cleveland 9. City of Highland Heights 10. City of Maple Heights 11. Village of Mayfield 12. City of Middleburg Heights 13. City of North Royalton 14. Village ofOakwood 15. City of Parma 16. City of Shaker Heights 17. City of South Euclid 18. City of Strongsville RECITALS: A. The Municipalities and the County have entered into agreements for the construction of certain roadway improvements where the Municipalities agreed to cooperate with the County and the County agreed to participate in the design and construction of such improvements (the “Cooperation Agreements”), further described as follows: Municipality Roadway Improvement Limits I. Cleveland Heights Coventry Road Fairhill Road to Euclid Heights Boulevard 2. Maple Heights Dunham Road Southern Corporation Line to Libby Road 3. Bedford Forbes Road Fair Oaks Road to Richmond Road 4. Bedford Heights Forbes Road Fair Oaks Road to Richmond Road 5. Oakwood Village Forbes Road Fair Oaks Road to Richmond Road 6. Cleveland Grant Avenue East 49'^ Street to East 71 Street 7. Cuyahoga Heights Grant Avenue East 49th Street to East 71 st Street 8. Cleveland Green Road Euclid Avenue to Southern Corporation Line 9. Cleveland Ivanhoe Road Euclid Avenue to East 152nd Street 10. East Cleveland Ivanhoe Road Euclid Avenue to East 152nd Street 1 1. Brooklyn Ridge Road Pearl Road to Flowerdale Avenue 12. Cleveland Ridge Road Pearl Road to Flowerdale Avenue 13. Parma Ridge Road Pearl Road to Flowerdale Avenue 14. Brook Park Sheldon Road Engle Road to Smith Road 15. Middleburg Heights Sheldon Road Engle Road to Smith Road 16. South Euclid South Green Road Mayfield Road to Cedar Road 17. Middleburg Heights Sprague Road Part 1 Webster Road to West 130th Street 18. North Royalton Sprague Road Part 1 Webster Road to West 130th Street 19. Parma Sprague Road Part 1 Webster Road to West 130th Street 20. Strongsville Sprague Road Part 1 Webster Road to West 130th Street 21. Shaker Heights Warrensville Center Road Roadway segments north & south of Bridges 05.92 E&W 22. Parma West Ridgewood Drive Ridge Road to State Road 23. Highland Heights Wilson Mills Road Lander Road to Alpha Drive 24. Mayfield Village Wilson Mills Road Lander Road to Alpha Drive B. The County recognizes the need to protect its financial investment and desires to provide to Municipalities pavement preventative maintenance services for the roadway improvements referenced in Section A; and C. The Municipalities have recognized that such pavement preventative maintenance services arc in the public interest and desire to supplement the original Cooperation Agreements to cooperate with the County in the provision of such services. In consideration of the mutual agreements, promises, representations and warranties made herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The foregoing recitals are incorporated herein as if fully rewritten herein. 2. The County will provide to Municipalities free of charge pavement crack sealing and striping or asphalt surface preservation for each roadway improvement described in Section A of the Recitals. Pavement crack sealing and striping or asphalt surface preservation are limited to the 2025 construction season and will be provided only one time. 3. Municipalities consent to the provision of pavement crack sealing and striping or asphalt surface preservation and such consent is hereby given to the County for each roadway improvements described in Section A of the Recitals. 4. The County will finance the pavement crack sealing, striping and asphalt surface preservation by an allocation from the County Motor Vehicle License Tax Fund. - 2 -  5. Upon completion of crack sealing, striping and asphalt surface preservation work performed by the County, the Municipalities will continue to maintain all the roadways listed in Section A of the Recitals in accordance with the statutes relating thereto and agree to follow and maintain post-construction Best Management Practices as outlined in the Municipal Storm Water Permit that is filed with the Ohio Environmental Protection Agency (O.E.P.A.). The County will not be responsible for further maintenance of the roadway improvements. 6. This Agreement may be executed in multiple counterparts, each of which, when so executed, shall be deemed an original, and all of which shall together constitute one and the same document, and shall be binding on the signatories; and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to. any other counterpart. This Agreement may be executed and delivered by facsimile or electronically in Microsoft Word or PDF format. 7. By entering into this Agreement, each Municipality agrees on to conduct this transaction by electronic means by agreeing that all documents requiring County signatures may be executed by electronic means, and that the electronic signatures affixed by the County to said documents shall have the same legal effect as if that signature was manually affixed to a paper version of the document. Municipality also agree on behalf of the aforementioned entities and persons to be bound by the provisions of Chapters 304 and 1306 of the Ohio Revised Code as they pertain to electronic transactions, and to comply with the electronic signature policy of the COUNTY. [signatures on the following pages] - j - IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the day and year mentioned above. COUNTY OF CUYAHOGA, OHIO By- Chris Ronayne, County Executive, or designee pursuant to Executive Order No. E02023-0003, dated July 6, 2023 - 4 - CITY OF MIDDLEBURG HEIGHTS, OHIO By: Matthew Castelli, Mayor - 16-  DELIVERED MAY 2 2 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2025- Introduced By: Mayor Matthew Castelli A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FROM MEDINA CREATIVE HOUSING, INC. WHEREAS, as part of the Southland Streetscape Project it is necessary for the City to obtain a Detector Loop Easement for the purpose of installing, maintaining, repairing, and replacing a traffic signal detector loop(s) within the Detector Loop Easement Area; and WHEREAS, Medina Creative Housing, Inc., owner of PPN 372-31-011 has granted to the City of Middleburg Heights the attached Detector Loop Easement. NOW, THEREFORE. BE IT RESOLVED BYTHE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS; Section 1: That the grant of a Detector Loop Easement, a copy of which is attached hereto and marked “Exhibit A”, from Medina Creative Housing, Inc. be and the same is hereby accepted. 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 Attest: Approved On: Clerk of Council Presented to Mayor: Mayor  g Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel  EXHIBIT A EASEMENT KNOW ALL MEN BY THESE PRESENTS That. Medina Creative Housing, Inc., an Ohio corporation, with a mailing address of 232 North Court Street, Medina, Ohio 44256 hereinafter referred to as the “Grantor", for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, convey, and release to the THE CITY OF MIDDLEBURG HEIGHTS, OHIO for the use and benefit of the City of Middleburg Heights, Ohio, the Grantee herein, subject to the terms and conditions hereof, the following described easement rights in the following described real estate: Grantor hereby grants to Grantee an easement in that real property that is described in the legal description labeled as Exhibit “A“ Detector Loop Easement, attached hereto and made a part hereof, for the purpose of installing, maintaining, repairing, and replacing a traffic signal detector loop(s) within the Detector Loop Easement Area. The Detector Loop Easement Area is depicted on the sketch attached hereto as “Exhibit B" and made a part hereof. The Detector Loop Easement Area is referred to herein as an "Easement Area." Together with the right of unimpaired access to said Detector Loop and the right of ingress and egress on, over, and through the above described land for any and all purposes necessary and incident to the exercise by said Grantee of the rights granted hereunder. The said Grantor shall have the right to use and enjoy the shown described land except as the same may be necessary for the purpose hereto granted to the said Grantee. Grantee agrees not to build, create, or construct any obstructions, engineering works, or other structure over said Easement Area, nor permit the same to be done by others. If Grantee has to excavate this area in order to repair or replace said Detector Loop, they agree to restore the property to its original condition. Grantee may assign the rights herein granted only with the written approval of Grantor. In the event Grantee decides at any time not to use the property for the purpose stated above, Grantee shall promptly notify Grantor of said decision, and Grantor may terminate the easement. The terms, conditions, and provisions of this Easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, said Grantor(s) hereunto have set their hands and seal by its duly authorized representative this ^(f .day of May, 2025. MEDINA CREATIVE HOUSING, INC. / Dianne DePasquale-Hag o Date: o" - / 5*' STATE OF OHIO § COUNTY OF MEDINA On this, the day of May, 2025, before me, a Notary Public, the undersigned, personally appeared Dianne DePasquale-Hagerty, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. SEAL Notary PuWic TINA GALIOTO 7 / Q: Notary Public My Commission Expires a > o 'n Stale of Ohio A o My Comm. Expires ^ April 17, 2027  EXHIBIT "B /' .. \ f/ \ / \ / ff. SMITH ROAD _R = 1,015.43’ ARC = 21.87’ ' CH = S 71°23’29" E 21.87’ P.P.O.8. ^ - P.0.8. R = 1,015.43' ARC 15.00' CH = S 72°25'53„ E 15.00 PPN 372-31-009 / CiTY OF mODLEBURG / HEIGHTS AFNH202308120190- N 72°25'53" W 15.00' / / / PPN 372-31-011 I / MEDINA CREATIVE HOUSING, INC. / / AFNU201911220739 / , \__EASTERLY PROPERTY LINE CITY OF MIDDLEBURG HEIGHTS fTHl DETECTOR LOOP OSBORN PROJ: 20211574.000 OSBORN EASEMENT FOR SCALE: r'=30' PPN 372-31-011 ENGINEERING DATE: APRIL 2025  inmi OSBORN ENGINEERING EXHIBIT “A LEGAL DESCRIPTION FOR DETECTOR LOOP EASEMENT PPN 372-31-011 CITY OF MIDDLEBURG HEIGHTS Situated in the City of Middleburg Heights, County of Cuyahoga, and State of Ohio and known as being part of Original Middleburg Township Turnpike Tract Lot No. 1 & 2, and further known as being part of a 1.3467 acre parcel of land conveyed to Medina Creative Housing Inc. PPN 372- 31- 011 in AFN 201911220739 of the Cuyahoga County Recorder’s Office and is bounded and described as follows: Beginning on the Southerly right-of-way line of Smith Road (80 feet wide) at the Easterly line of land conveyed to the City of Middleburg Heights. PPN 372-31-009 by deed in AFN #202308120190 of the Cuyahoga County, Ohio Records; Thence along the southerly right of way line of Smith Road along the arc of a curve deflecting to the left a distance of 21.87 feet, said arc having a radius of 1,015.43 feet and a chord that bears South 71“23’29" East, 21.87 feet, said point being the PRINCIPAL PLACE OF BEGINNING of the easement herein described; Thence continuing along the southerly right of way line of Smith Road along the arc of a cun/e deflecting to the left a distance of 15.00 feet, said arc having a radius of 1,015.43 feet and a chord that bears South 72“25’53” East, 15 00 feet to a point; Thence South 17M3'19” West, 35.00 feet to a point; Thence North 72°25'53" West, 15.00 feet to a point; Thence North 17M3 19” East, 35 00 feet to the Place of Beginning and containing 0.012 acres (524.72 square feet) as calculated and described by Daniel J. Gerson, PS 8137 for Osborn Engineering Company in April 2025. Be the same more or less, but subject to all legal highways. The courses used in this description are given to an assumed meridian and are used to indicate angles only. ^ CLEVELAND 1111 Supeiior Ave. Sie 2100, Cleveland, OH 44114 1216 861 2020 | wsvw.osborn-eng.com  DELIVERED MAY 2 2 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2025- Introduced By: Mayor Matthew Castelli A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CUYAHOGA COUNTY PUBLIC LIBRARY FOR A READING GARDEN ADJACENT TO THE LIBRARY WHEREAS, as part of the Middleburg Heights Community Master Plan the City desires to create a Central Park to preserve and utilize green space in our community; and WHEREAS, the City desires to develop a reading garden with amenities adjacent to the Library for the benefit of the Library and all visitors to walking paths and parklike civic amenities; and WHEREAS, the Library will provide an investment of $500,000 to be used for the development of the Reading Garden, the Library is not responsible for any other cost associated with the planning, development, construction, ongoing operation or maintenance of the City Central Park and/or Reading Garden; and WHEREAS, the Library and the City agree to enter into a memorandum of understanding to set forth their mutual understanding for the involvement, cooperation and support in the development of the Reading Garden and City Central Park. NOW, THEREFORE, BE iT RESOLVED BY THE OOUNOIL OF THE CiTY OF MiDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor is hereby authorized to enter into a memorandum of understanding, with terms and conditions the same or similar to “Exhibit A”, for a Reading Garden Adjacent to the Library. 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.  MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING C'MQU") is entered into as of this day of , 2025 by and between CUYAHOGA COUNTY PUBLIC LIBRARY. a county libraiy- district and political subdivision of the State of Ohio, with its headquarters located at 2111 Snow Road. Parma. Ohio 44134 (the “LIBRARY'^, and CITY OF MIDDLEBURG HEIGHTS, OHIO, an Ohio charter municipal corporation, with its city hall located at 15700 Bagley Road, Middleburg Heights. OH 44130 (the “CITY’T. regarding the development by CITY of a reading garden (the “READING GARDEN'') adjacent to the Middleburg Branch of the Cuyahoga County Librar)' (the “BRANCH”) with support of the LIBRARY. RECITALS A. Pursuant to a Real Estate Purchase Agreement dated June 14. 2017 between LIBRARY and CH'Y, a parcel of land was deeded to LIBRARY for the development of the BRANCH. LIBRARY developed the Branch and cuiTently operates the same for its intended purpose as a Cuyahoga County Public Librar>' Branch. The parcel deeded to LIBRARY upon which the BRANCH is situated is depicted and legally described in Exhibit A attached hereto (“EXISTING BRANCH SITE”). B. CITY desires to develop a reading garden (“READING GARDEN”) immediately adjacent to the EXISTING BRANCH SITE as generally depicted and labeled on the site rendering attached as EXHIBIT B. The READING GARDEN is intended to be an ancillary amenity for users of the EXISTING BRANCH and for visitors to walking paths and parklike civic amenities planned to be developed by CITY generally adjacent to and in the CITY generally adjacent to the EXISTING BRANCH SITE (the “CITY CENTRAL PARK”). 1 he CITY CENTRAL PARK is also depicted with planned amenities noted on Exhibit B. C. Development of the CITY CENTRAL PARK and subsequent anticipated public use of the CITY CENTRAL PARK is anticipated to potentially require (i) cross-easements for access and parking between CITY and LIBRARY for the CITY CENTRAL PARK and the EXISTING BRANCH (“Cross-Easements”), (ii) reconfiguration of certain stormwater management improvements now located on the EXISTING BRANCH SITE (“Stormwater Improvements”, (iii) reconfiguration of parking areas to serve the needs of users of both the LIBRARY and the CENTRAL CITY PARK which may be accompanied by parking lot lighting alterations (“Parking Improvements”). D. CITY has requested that LIBRARY make a monetar>' investment in the READING GARDEN improvements in recognition of its likely use as an amenity associated specifically with public users of the EXISTING BRANCH as well as CITY CENTRAL PARK users. LIBRARY is willing to make a monetary investment of Five Hundred Thousand and No/lOOths Dollars ($500,000.00) specifically restricted to use for costs of installing and 1 the LIBRARY and in such a case approval may be made conditioned upon commensurate cost- sharing and proralion. 2. Project Schedule. In addition to the Site Plan Narrative, CITY will provide a projected project schedule (“Project Schedule”) for the READING GARDEN and for the CITY CENTRAL PARK, with break-out information for schedules for work on the EXISTING BRANCH SITE and for work elsewhere on CITY or third-party lands. 3. Operatina Commitment. CITY commits to assure that at no time during the development and/or construction of the READING GARDEN. CITY CENTRAL PARK and/or any work incident thereto whether off site or on site shall there be a disruption to parking, vehicle or pedestrian access, utility services or other disruption that would materially adversely affect the ability of the LIBRARY to operate as a public library at the EXISTING BRANCH SITE during its normal operating hours. Any disruption of services at or access to the EXISTING BRANCH must be coordinated with the LIBRARY with sufficient advance notice so as to not adversely impact operations at the EXISTING BRANCH during its normal operating hours. Should services to the EXISTING BRANCH need to be impacted at any time CITY shall coordinate with the LIBRARY so that the parties may determine mutually acceptable scheduling. 4. Project Meetings. During the course of planning of the READING GARDEN, the CITY CENTRAL PARK and the conduct of the work to develop the same, the parties may shall schedule regular meetings as necessary between them or with other third parties necessary to (i) review progress and problems, (ii) clarify issues to be resolved, (iii) coordinate project schedules with operating schedules, (iv) evaluate and consider any changes to the project parameters, specifications or schedules, (v) to obtain third-party input as needed, and (vi) to coordinate arrange for public announcements related to CITY CENTRAL PARK and READING GARDEN or related to ongoing progress. 5. LIBRARY Investment. In connection with the READING GARDEN costs and provided LIBRARY approves the plan for the READING GARDEN, the LIBRARY will provide an investment of $500,000 (the “LIBRARY INVESTMENT'*) to be used for development of the READING GARDEN. The LIBRARY INVESTMENT shall be paid in equal $250,000 shares in two installments with the first being made in LIBRARY fiscal year 2025 (provided the onsite work for the READING GARDEN has commenced in 2025) and the second installment being due in LIBRARY fiscal year 2026. If for some reason the commencement of the READING GARDEN is delayed into 2026, then the two installments shall be similarly delayed into fiscal year 2026 for the first installment and fiscal year 2027 for the second installment. CITY shall assure that the funds provided by the LIBRARY are expended solely for the READING GARDEN, At the conclusion of the construction/installation of the READING GARDEN. CITY shall grant to LIBRARY a written non-exclusive license (in form mutually agreeable to the parties) for the benefit of the LIBRARY and all visitors to and patrons of the BRANCH to access and use the READING GARDEN during normal LIBRARY operating hours, subject, however, to reasonable rules and regulations adopted by the CITY applicable to all users of CITY CENTRAL PARK and except with any deviations the parties mutually agree are appropriate given the relationship between 3  10. Successors and Assigns. Neither party may assign its rights under this MOU without the express prior written consent of the other party. IN WITNESS WHEREOF, the parties hereto execute this Memorandum of Understanding as of the date first above written. CUYAHOGA COUNTY PUBLIC LIBRARY, a county libraiy' district By: , Chief Executive Officer CITY OF MIDDLEBURG HEIGHTS, an Ohio charter municipal corporation By: Print Name: Matthew J. Castelli Title: Mayor APPROVED: Santo T. Incorvaia. Law Director 5  DELIVERED MAY 2 2 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2025- Introduced By; Mayor Castelli A RESOLUTION AUTHORIZING THE MAYOR OR HIS DESIGNEE TO ENTER INTO AN AGREEMENT WITH THE BEREA CITY SCHOOL DISTRICT FOR THE USE OF BCSD OWNED EQUIPMENTTO PERFORM TRAINING EXERCISES WHEREAS, the Safety forces for the Cities of Berea, Brook Park, and Middleburg Heights as well as the Southwest Enforcement Bureau and Southwest Emergency Response Teams desire to use two Berea City School District (BCSD)-owned school buses to perform training exercises at the Middleburg Heights Fire Training Facility; and WHEREAS, BCSD will deliver the equipment to the premises at a mutually agreed upon date, following completion of training and termination of the School Bus Usage License Agreement, BCSD will remove the buses from the premises. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO. AS FOLLOWS: Section 1: That the Mayor, or his designee, is hereby authorized to enter into the School Bus Usage License Agreement, 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. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel  School Bus Usage License Agreement A. The Safety forces for the Cities of Berea, Brook Park and Middleburg Heights as well as the Southwest Enforcement Bureau and Southwest Emergency Response Teams desire to use two BCSD-ownedschool buses, Bus #7 VIN # 4DRBUAANX9A6914 08 , Plate # 01196, Year: 2009 and Bus #22 VIN # 4DRBUAAN0AB249932, Plate # 03868, Year: 2010 to perform training exercises at the Middleburg Heights Fire Training Facility located at 18825 Sheldon Rd. Middleburg Heights, Ohio 44130 B. BCSD will license the Equipment to the Cities and other safety force entities upon the terms of and for purposes described in this license. Now therefore, the parlies in consideration of the mutual covenants, promises, conditions and terms to be kept and performed, do agree as follows: Section 1. The City's (Middleburg Heights, Berea and Brook Park )Police and Fire departments as well as the Southwest Enforcement Bureau and Southwest Emergency Response Team may use the equipment to perform training exercises. BCSD will transport the equipment to and from the premises. The parties will accept the equipment in “as is” condition and are solely responsible for determining whether the equipment is for its intended use. Section 2. BCSD will deliver the equipment to the premises at a mutually agreed upon date and time with the City of Middleburg Heights. Following the completion of training and termination of this license, or other date as agreed upon by the parties, BCSD will remove the buses from the premises. The equipment must be left in a towabie condition following all training. Section 3. BCSD acknowledges that the training performed with the equipment (Buses) will reduce the value of the equipment (Buses) and releases all parties from any damages in connection therewith. Section 4. All Participating entities hereby release BCSD from all claims and lawsuits of any kind arising from the training. Nothing herein, however, shall be construed as a waiver of any immunity or other defense available to the Parties, not to make the participating entities liable for the negligence of BCSD. Section 5. The term of this license will be from June 15, 2025-September 1, 2025. This license may be canceled by either party upon 5 business days written notice to the other parties. Upon early cancellation of this license BCSD wilt remove the equipment promptly from the premises. License 6. Licensee shall not assign or transfer this License. In WITNESS WHEREOF, the parties have here to affixed their signatures as of the day and year first written above. Signature; Date: Santo Incorvaia City of Middleburg Heights Barb Jones City of Berea 3rlL C flkc 2025-05-15 Eric Pike City of Brook Park ^obcri Che^ a.'h 2025-05-15 Bob Chegan Southwest Emergency Response Team Michael Salloum Southwest Enforcement Bureau Cori Farris Berea Board of Education  DELIVERED MAY 22 M City of Middleburg Heights, Ohio Ordinance No. 2025- Introduced by; Mayor Matthew J. Castelli AN ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENDITURES AND EXPENSES FOR THE CITY OF MIDDLEBURG HEIGHTS FOR THE CALENDAR YEAR 2025 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 2025, the following sums be appropriated from the General Fund: Increase Description (Decrease) Gen. Govt. - Wages & Fringes - Retirements/Resignations 86,100.06 Total Increase to the General Fund 86,100.06 Section 2. That it is hereby found and determined that all formal actions of this council concerning and relating to the passage of this ordinance were adopted in an open meeting of this council, and that all deliberations of this council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements including chapter 107 of the Codified Ordinances and section 121.22 of Ohio Revised Code. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel