City Council Meeting

City of Parma Heights Council Meeting 6281 Pearl Road Tuesday, October 10, 2023 7 :00 PM ROLL CALL PLEDGE OF ALLEGIANCE ACTION ON MINUTES: • SEPTEMBER 25, 2023 – CITY COUNCIL MEETING REPORTS FROM MAYOR AND DIRECTORS COMMUNICATIONS: • ESPOSITO ORGANIZATION LLC, 6384 PEARL RD & PATIOS, PARMA HEIGHTS, OH 44130 PUBLIC SESSION LEGISLATION Third Reading 1. ORDINANCE NO. 2023 – 53 AN ORDINANCE ESTABLISHING AND ENACTING SECTION 105.08 OF THE CODIFIED ORDINANCES OF THE CITY OF PARMA HEIGHTS, ENTITLED, “BID EVALUATION FACTORS”, TO PROVIDE FOR A NEW SECTION OF THE ADMINISTRATIVE CODE Second Reading 2. ORDINANCE NO. 2023 – 58 AN ORDINANCE AUTHORIZING AND DIRECTING THE ADMINISTRATION TO ENTER INTO A CONTRACT WITH THE GENERAL HEALTH DISTRICT OF CUYAHOGA COUNTY, OHIO, TO PROVIDE HEALTH SERVICES FOR THE CITY OF PARMA HEIGHTS 3. ORDINANCE NO. 2023 – 62 AN ORDINANCE AMENDING SECTION 153.01 ENTITLED “PERSONNEL” OF THE PARMA HEIGHTS CODIFIED ORDINANCES, AND DECLARING AN EMERGENCY, AS AMENDED 4. ORDINANCE NO. 2023 – 63 AN ORDINANCE AMENDING SECTION 153.02 ENTITLED “FIRE CHIEF; ASSISTANT CHIEF” OF THE PARMA HEIGHTS CODIFIED ORDINANCES, AND DECLARING AN EMERGENCY ADJOURNMENT City of Parma Heights 6281 Pearl Road Parma Heights, OH 44130  ORDINANCE NO. 2023 – 53 AN ORDINANCE ESTABLISHING AND ENACTING SECTION 105.08 OF THE CODIFIED ORDINANCES OF THE CITY OF PARMA HEIGHTS, ENTITLED, “BID EVALUATION FACTORS”, TO PROVIDE FOR A NEW SECTION OF THE ADMINISTRATIVE CODE WHEREAS, the City of Parma Heights Charter enables the City to award contracts by competitive bidding, as determined by Council; and WHEREAS, the City has determined that the “lowest and best” bidder may be identified by the use of several factors in addition to the dollar amount of the bid; and WHEREAS, it is the desire of this Council, based on the recommendation of the Administration, to establish and adopt Section 105.08, “Bid Evaluation Factors”, in order to evaluate and select the lowest and best bidder, in the discretion of the City, for the award of contracts through competitive bidding. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Parma Heights, Cuyahoga County, State of Ohio: Section 1: That this Council does hereby establish and enact Section 105.08, entitled, “Bid Evaluation Factors” of the Administrative Code, which reads in its entirety as set forth in Exhibit “A” and which is attached to this Ordinance and incorporated by reference as if fully rewritten herein. Section 2: All Ordinances and Resolutions or parts thereof which are in conflict or inconsistent with any provision of the new Section adopted in Section 1 of this Ordinance are hereby repealed as of the effective date of this Ordinance. Section 3: This Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this Ordinance were taken in an open meeting of this Council and that all deliberations of the Council and any of its Committees comprised of a majority of the members of the Council that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 4: That this Ordinance shall take effect and be in force from and after the earliest date provided for by law. PASSED: _____________________ ____________________________ PRESIDENT OF COUNCIL ATTEST: ______________________ ____________________________ APPROVED FILED WITH THE MAYOR: _________________ ____________________________ MAYOR MARIE GALLO EXHIBIT A 105.08 BID EVALUATION FACTORS (a) The following factors are significant in determining whether a bid is the lowest and best bid and may be considered and applied by city officials, in their discretion, when determining the lowest and best bid for supplies, commodities, materials, equipment, furnishings or construction, renovation, maintenance, repair, businesses or general services. (1) The bidder's familiarity with the project. (2) Adequacy of the equipment for the project. (3) The bidder's record on similar projects. (4) The bidder's experience in the relevant field in the preceding twelve months, including the original contract price for each job undertaken and the cost of any change order and overruns. (5) The bidder's compliance with deadlines. (6) The bidder's prior performance on any project taken for the City of Parma Heights. (7) The bidder's financial solvency. (8) Whether the bidder has ever sued or been sued by a public entity over a public project. (9) The bidder’s bonding record. (10) The bidder's compliance record with, and maintenance of, unemployment and workers' compensation laws for all employees. (11) The bidder's compliance record with, and maintenance of, federal and state wage laws for all employees. (12) The bidder's compliance record with, and maintenance of, the Fair Labor Standards Act for all employees. (13) The bidder's compliance record with, and maintenance of, Occupational Safety and Health Administration regulations for all employees. (14) The experience, training, and skill of the bidder's workforce in writing. (15) The number of years the bidder has been in the relevant businesses. (16) The continuity of the bidder's workforce. (17) The bidder's past compliance with employee drug testing. (18) Past compliance with local and state income tax laws. (19) The bidder's participation in a state accredited apprenticeship program when it is required by Ohio prevailing wage law. (20) Any other factor determined to be relevant. (b) Bid specifications may contain provisions conforming to subsection (a) of this section. Evidence of the factors a bidder wishes to be considered is the responsibility of the bidder. (c) City Officials may reject any or all bids, or parts of bids, for any reason if acceptance is not in the best interest of the City.  ORDINANCE NO. 2023 - 58 AN ORDINANCE AUTHORIZING AND DIRECTING THE ADMINISTRATION TO ENTER INTO A CONTRACT WITH THE GENERAL HEALTH DISTRICT OF CUYAHOGA COUNTY, OHIO, TO PROVIDE HEALTH SERVICES FOR THE CITY OF PARMA HEIGHTS WHEREAS, the City of Parma Heights as a duly organized and existing City is required to furnish certain health services for its inhabitants; and WHEREAS, said health services can be more properly furnished in conjunction with other municipalities under the auspices of the General Health District of Cuyahoga County, Ohio. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Parma Heights, County of Cuyahoga and State of Ohio: Section 1. The Administration of the City of Parma Heights is authorized and directed to execute on behalf of the Municipality an agreement with the General Health District of Cuyahoga County for the period beginning January 1, 2024 and ending December 31, 2025 in accordance with Exhibit “A”, attached hereto and made a part hereof by reference as if fully rewritten. Section 2. This Council finds and determines that all formal action of this Council concerning and relating to the adoption of this Ordinance were taken in an open meeting of this Council and that all deliberations of the Council and of any of its Committees comprised of a majority of the members of the Council that resulted in those formal actions were in meetings open to the public, in compliance with the law. Section 3. That this Ordinance shall take effect and be in force from and after the earliest date provided for by law. PASSED: _____________________ ____________________________ PRESIDENT OF COUNCIL ATTEST: ______________________ ____________________________ CLERK OF COUNCIL APPROVED FILED WITH THE MAYOR: _________________ ____________________________ MAYOR MARIE GALLO EXHIBIT A  ORDINANCE NO. 2023 - 62 AN ORDINANCE AMENDING SECTION 153.01 ENTITLED “PERSONNEL” OF THE PARMA HEIGHTS CODIFIED ORDINANCES, AND DECLARING AN EMERGENCY, AS AMENDED WHEREAS, the Administration is recommending that Section 153.01 of the Parma Heights Codified Ordinances be amended; and WHEREAS, this Council desires to adopt the recommendation of the Administration. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Parma Heights, County of Cuyahoga, and State of Ohio: Section 1: That Section 153.01 of the Codified Ordinances as it previously existed is amended, and as amended, shall henceforth read as shown by edits set forth in the amended Exhibit “A”, which is attached hereto and incorporated by reference. Section 2: This Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this Ordinance were taken in an open meeting of this Council and that all deliberations of the Council and of any of its Committees comprised of a majority of the members of the Council that resulted in those formal actions were in meetings open to the public, in compliance with the law. Section 3: This Council declares this Ordinance to be an emergency measure for the immediate preservation of the public health, peace, and safety of the Municipality, and for the further reason that it is necessary to allow for appropriate staffing of safety services without interruption; wherefore, it shall be in full force and effect immediately after its passage by Council and approval of the Mayor. PASSED: ____________________________ _______________________________ PRESIDENT OF COUNCIL ATTEST: ____________________________ _______________________________ CLERK OF COUNCIL APPROVED FILED WITH THE MAYOR: _________________________ _______________________________ MAYOR MARIE GALLO EXHIBIT A, as amended 153.01 PERSONNEL. (a) The Fire Department shall be composed of the following regular members: one Chief, one Assistant Chief, six up to seven Lieutenants, and twenty-one Firefighters., and any interim or temporary appointments acting in the positions described above. There may also be volunteer firefighters in a number not to exceed twenty-five as may be from time to time duly designated and appointed by the Mayor. (b) When a circumstance of unavailability or permanent vacancy occurs in the office of Chief, Assistant Chief, or Lieutenant, the Mayor may appoint from the regular members an Acting Chief, Assistant Chief, or Lieutenant, pending promotional exams, and may also appoint a Firefighter in accordance with the provisions of the City Charter, and the rules and regulations of the Civil Service Commission of the City and the Ohio Revised Code. (Ord. 1999-6. Passed 2-22-99; Ord. 2001-17. Passed 6-11-01; Ord. 2005-35. Passed 11-28- 05; Ord. 2013-7. Passed 2-25-13.)  ORDINANCE NO. 2023 - 63 AN ORDINANCE AMENDING SECTION 153.02 ENTITLED “FIRE CHIEF; ASSISTANT CHIEF” OF THE PARMA HEIGHTS CODIFIED ORDINANCES, AND DECLARING AN EMERGENCY WHEREAS, the Administration is recommending that Section 153.02 of the Parma Heights Codified Ordinances be amended; and WHEREAS, this Council desires to adopt the recommendation of the Administration. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Parma Heights, County of Cuyahoga, and State of Ohio: Section 1: That Section 153.02 of the Codified Ordinances as it previously existed is amended, and as amended, shall henceforth read as shown by edits set forth in Exhibit “A”, which is attached hereto and incorporated by reference. Section 2: This Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this Ordinance were taken in an open meeting of this Council and that all deliberations of the Council and of any of its Committees comprised of a majority of the members of the Council that resulted in those formal actions were in meetings open to the public, in compliance with the law. Section 3: This Council declares this Ordinance to be an emergency measure for the immediate preservation of the public health, peace, and safety of the Municipality, and for the further reason that it is necessary to allow for appropriate staffing of safety services without interruption; wherefore, it shall be in full force and effect immediately after its passage by Council and approval of the Mayor. PASSED: ____________________________ _______________________________ PRESIDENT OF COUNCIL ATTEST: ____________________________ _______________________________ CLERK OF COUNCIL APPROVED FILED WITH THE MAYOR: _________________________ _______________________________ MAYOR MARIE GALLO EXHIBIT A 153.02 FIRE CHIEF; ASSISTANT CHIEF. (a) The Fire Chief shall, under the direction of the Mayor, be the executive head of the Department of Fire. In his absence from duty or incapacity the chief, or in his absence the Mayor, shall have the authority to designate any full-time officer from the rank of Lieutenant or above in the Fire Department to serve as the acting Chief. (Ord. 2012-35. Passed 8-6-12.) (b) The Fire Chief shall be responsible for the prevention and control of the hazards of fire and the care and maintenance of all fire equipment and the buildings in which such equipment is housed. He shall also supervise and direct the hours of work and the duties of all firemen. Members of the Department of Fire shall have all the powers and duties conferred by law upon firemen in a city under the Ohio Revised Code and such other powers, not inconsistent with the nature of their offices, as are conferred by ordinance of this Municipality from time to time. (Ord. 1956-70. Passed 9-24-56.) (c) The Fire Chief shall be entitled to the following employee benefits: uniform allowances, medical and life insurance coverage, vacations, holidays, longevity compensation, sick leave, emergency responder pay and college education pay as described in the employment contract entered into by the City and Local 1690 of the International Firefighters Association. The Assistant Fire Chief shall receive the same fringe benefits, effective upon the same dates and in the same amounts, as provided to the position of Assistant Chief of Police (See Section 151.04(b)). (Ord. 1994-48. Passed 10-11-94; Ord. 2000-16. Passed 4-10-00.) (d) Effective January 1, 1985, when any vacancy in the office of Fire Chief occurs due to retirement, death, or termination, or any other circumstances provided in the Civil Service Rules, and a member of the Department is assigned the duty of “Acting Chief” on a temporary or interim basis, such member shall may be paid at the Chief's normal rate of pay for such duty during the interim time period until a new Chief is appointed. (Ord. 1985-12. Passed 5-13-85.) (e) Each non-aligned regular member of the Fire Department holding the position of Fire Chief or Assistant Fire Chief shall be entitled to emergency responder allowance in addition to his or her regular compensation. Such allowance shall be paid as follows: 6% of the base annual salary, payable in two equal installments, on the pay days closest to May 1 and November 1 of each calendar year. When an employee leaves the Department through retirement, resignation or termination, the emergency responder allowance shall be pro- rated and the amount paid but unearned shall be deducted from the employee's final paycheck. (Ord. 2000-16. Passed 4-10-00; Ord. 2000-53. Passed 11-27-00; Ord. 2006-10. Passed 3- 30-06.)