-Pledge of Allegiance to the Flag of the United States of America- Third graders from Hilltop Elementary

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1 Beachwood City Council Meeting Agenda Monday, December 17, 2018, 7:00 PM at Beachwood City Hall, Council Chambers, Fairmont Boulevard, Beachwood, Ohio Pledge of Allegiance to the Flag of the United States of America- Third graders from Hilltop Elementary 1. Roll Call 2. Reports a. Mayor b. Council Member (non-agenda items) c. Department Directors 3. Citizen's Remarks (City Council limits Citizen's Remarks to three (3) minutes each) 4. Approval of Minutes Approval of the Minutes of the Legal and Personnel Committee Meeting held on October 15, 2018 Approval of the Minutes of the Finance and Insurance Committee Meeting held on October 15, 2018 Approval of the Minutes of the Committee of the Whole Meeting held on October 22, 2018 Approval of the Minutes of the Finance and Insurance Committee Meeting held on October 29, 2018 Approval of the Minutes of the Safety and Public Health Committee Meeting held on October 30, 2018 Approval of the Minutes of the Regular Council Meeting held on December 3, Economic Development Committee Ordinance No An Ordinance authorizing the Mayor to enter into an Occupancy and Job Creation Incentive Grant Agreement with Surgical Theater, LLC; and declaring this to be an urgent measure 6. Finance & Insurance Committee Ordinance No Finance & Insurance Committee Ordinance No An Ordinance authorizing and directing the payment of certain claims (Bills) for Professional and Other Services; and declaring this to be an urgent measure An Ordinance authorizing the Mayor to enter into a Contract with Municipal Solutions, LLC to perform an Operations Audit of all City Departments for the City of Beachwood, Ohio; and declaring this to be an urgent measure 8. Finance & Insurance Committee Ordinance No An Ordinance making appropriations for current expenditures and other expenses of the City of Beachwood, State of Ohio, for the fiscal year 2019, January 1, 2019 to December 31, 2019, inclusive; and declaring this to be an urgent measure

2 Page Two City Council Meeting Agenda December 17, Public Works Committee Ordinance No Public Works Committee Ordinance No Safety & Public Health Committee Ordinance No Committee of the Whole Ordinance No An Ordinance confirming the appointment of Christopher Arrietta as Service Director for the City of Beachwood, Ohio; and declaring this to be an urgent measure An Ordinance accepting a certain bid from L. Caticchio & Son, Inc., for the 2019 Tree Planting Program; and declaring this to be an urgent measure An Ordinance authorizing the Mayor to purchase two (2) 2019 Ford Explorer Police Interceptor Utility Vehicle for the City of Beachwood, Ohio Police Department from Liberty Ford, Inc. to replace two (2) of the three (3) vehicles authorized under Ordinance No , further waiving competitive bidding; and declaring this to be an urgent measure An Ordinance announcing a cooperative initiative between the City of Beachwood and the Beachwood City School District to support seat belts on all new school buses the district purchases ***CORRESPONDENCE*** Notice to Legislative Authority ***PENDING*** 1. Planning & Zoning Committee Ordinance No An Ordinance amending various section of the City of Beachwood, Ohio Planning and Zoning Code and the City of Beachwood, Ohio Building Code to include the addition of Chapters 1108 and 1144, and the removal of Chapters 1115, 1149, 1301, 1315, 1319, 1321, 1323, 1325, 1331, and 1333 Placed on First Reading and referred to P&Z: May 7, 2018

3 INTRODUCED BY: ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN OCCUPANCY AND JOB CREATION INCENTIVE GRANT AGREEMENT WITH SURGICAL THEATER, LLC; AND DECLARING THIS TO BE AN URGENT MEASURE WHEREAS, the City of Beachwood continues to pursue new and efficient economic development strategies that are fiscally responsible, support the creation of new jobs, and grow the City s economic tax base; and WHEREAS, City Council passed Ordinance No creating the Job Creation Incentive Grant Program using non-tax revenue to promote local businesses who create new full-time and full-time equivalent jobs and/or additional payroll within the City; and WHEREAS, Surgical Theater, LLC has expressed an interest in participating in the City s Job Creation Incentive Grant Program; and WHEREAS, Surgical Theater, LLC will bring Twelve (12) full-time jobs in the first year, followed by Ten (10) full-time jobs by the sixth year, with an estimated One Million Seven Hundred Thousand Dollars ($1,700,000.00) in new payroll in the first year, and Three Million Two Hundred Thousand Dollars ($3,200,000.00) in new payroll by the sixth year; and WHEREAS, such grant agreement shall provide for a reimbursable annual grant payment equal to no more than thirty percent (30%) of the total annual payroll taxes paid to the City of Beachwood during the second, third and fourth year of the agreement and an occupancy grant of Forty Thousand Dollar ($40,000.00) in the first year of the grant; and WHEREAS, this Council desires to authorize the Mayor to enter into an Occupancy and Job Creation Incentive Grant Agreement with Surgical Theater, LLC. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Beachwood, County of Cuyahoga and State of Ohio, that: Section 1: The Mayor is hereby authorized to enter into an Occupancy and Job Creation Incentive Grant Agreement with Surgical Theater, LLC. The Agreement shall be in a form substantially similar to the Agreement attached hereto and incorporated herein as Exhibit A. Section 2: It is found and determined that all formal actions and deliberations of Council and its committees relating to the passage of this legislation that resulted in formal action were in meetings open to the public where required by Chapter 105 Codified Ordinances of the City. Section 3: This Ordinance is declared to be an urgent measure which is immediately necessary for the public peace, health or safety or the efficient operation of the City; and for the further reason that the immediate necessity of authorizing a grant agreement will provide for the creation of new jobs within the City as soon as possible and, thereby, enhance the City s tax revenues; wherefore, this Ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor. WHEREFORE, this Ordinance shall be in full force and effect from and after the earliest date permitted by law. Page 3 of 78

4 ORDINANCE NO Attest: I hereby certify this legislation was duly adopted on the 17 th day of December, 2018, and presented to the Mayor for approval or rejection in accordance with Article III, Section 8 of the Charter on the 18 th day of December, Clerk Approval: I have approved this legislation this 18 th day of December, 2018, and filed it with the Clerk. Mayor -2- Page 4 of 78

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23 INTRODUCED BY: ORDINANCE NO AN ORDINANCE AUTHORIZING AND DIRECTING THE PAYMENT OF CERTAIN CLAIMS (BILLS) FOR PROFESSIONAL AND OTHER SERVICES; AND DECLARING THIS TO BE AN URGENT MEASURE BE IT ORDAINED by the Council of the City of Beachwood, State of Ohio, that the Director of Finance is hereby authorized and directed to issue his respective warrants for the following claims, to wit: Section 1: For Supplies and Services December 17, 2018 $101, GPD Group Engineering Services $ Cuyahoga County Fiscal Officer Construction Costs for Green Road $101, Section 2: It is found and determined that all formal actions and deliberations of Council and its committees relating to the passage of this legislation that resulted in formal action were in meetings open to the public where required by Chapter 105 of the Codified Ordinances of the City. Section 3: This ordinance is hereby declared an urgent measure immediately necessary for the public peace, health or safety or the efficient operation of the City; and for the further reason that it is necessary to approve said item and/or services available for use at the earliest possible time, to serve the City of Beachwood and its citizens. WHEREFORE, this Ordinance shall be in full force and effect from and after the earliest date permitted by law. Attest: I hereby certify that this legislation was duly adopted on the 17 th day of December, 2018 and presented to the Mayor. Clerk Approval: I have approved this legislation this 18th day of December, 2018 and filed it with the Clerk. Mayor

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40 INTRODUCED BY: ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH MUNICIPAL SOLUTIONS, LLC TO PERFORM AN OPERATIONS AUDIT OF ALL CITY DEPARTMENTS FOR THE CITY OF BEACHWOOD, OHIO; AND DECLARING THIS TO BE AN URGENT MEASURE WHEREAS; the City Administration desires to perform an Operations Audit of all departments in the City of Beachwood, Ohio; and WHEREAS; the Mayor and Finance Director have recommended Municipal Solutions, LLC to perform the audit. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Beachwood, County of Cuyahoga, and State of Ohio, that: Section 1: Based upon the recommendation of the Finance Director and the Mayor, the Mayor is hereby authorized to enter into a contract with Municipal Solutions to perform an Operations Audit of all City Departments in an amount not to exceed Eighty Five Thousand Eight Hundred Seventy Dollars and No/Cents ($85,870.00) as outlined in the proposal which is attached hereto and incorporated herein as Exhibit A. Section 2: It is found and determined that all formal actions and deliberations of Council and its committees relating to the passage of this legislation that resulted in formal action were in meetings open to the public where required by Chapter 105 Codified Ordinances of the City of Beachwood. Section 3: This Ordinance is declared to be an urgent measure immediately necessary for the public peace, health or safety or the efficient operation of the City, and for the further reason that it is necessary to begin the operations review at the earliest possible time; wherefore, this Ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor. WHEREFORE, this Ordinance shall take effect and be in force from and after the earliest date permitted by law. Attest: I hereby certify that this legislation was duly adopted on the 17 th day of December, 2018 and presented to the Mayor for approval or rejection in accordance with Article III, Section 8 of the Charter on the 18 th day of December, Clerk Approval: I have approved this legislation this 18 th day of December, 2018 and filed it with the Clerk. Mayor Page 40 of 78

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58 INTRODUCED BY: ORDINANCE NO AN ORDINANCE MAKING APPROPRIATIONS FOR CURRENT EXPENDITURES AND OTHER EXPENSES OF THE CITY OF BEACHWOOD, STATE OF OHIO, FOR THE FISCAL YEAR 2019, JANUARY 1, 2019 TO DECEMBER 31, 2019, INCLUSIVE; AND DECLARING THIS TO BE AN URGENT MEASURE NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Beachwood, County of Cuyahoga and State of Ohio, that: Section 1: To provide for the current expenses and other expenditures of the City of Beachwood for the fiscal year ending December 31, 2019, the following sums be and they are hereby set aside and appropriated, as provided for in Ohio Revised Code Section and as outlined on the Memorandum to the Mayor dated November 28, 2018 attached hereto and incorporated herein as Exhibit A. Section 2: The Mayor and Finance Director are hereby authorized and directed to pay all claims in accordance with Ordinance No , passed by Council on June 17, 1996, which authorizes the Mayor and Finance Director to pay bills on a regular basis and to report to Council regarding City disbursements, and Ordinance No , passed December 7, 1998, for payment of utilities. Section 3: It is found and determined that all formal actions and deliberations of Council and its committees relating to the passage of this legislation that resulted in formal action were in meetings open to the public where required by Chapter 105 of the Codified Ordinances of the City. Section 4: This Ordinance is declared to be an urgent measure which is immediately necessary for the public peace, health or safety or the efficient operation of the City; further necessity existing because this is an appropriation of sums to provide for the current expenses and other expenditures of the said City of Beachwood for the fiscal year ending December 31, 2019; wherefore, this Ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor. WHEREFORE, this Ordinance shall be in full force and effect from and after the earliest date permitted by law. Attest: I hereby certify this legislation was duly adopted on the 17 th day of December, 2018, and presented to the Mayor for approval or rejection in accordance with Article III, Section 8 of the Charter on the 18 th day of December, Clerk Approval: I have approved this legislation this 18 th day of December, 2018 and filed it with the Clerk Mayor Page 58 of 78

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61 INTRODUCED BY: ORDINANCE NO AN ORDINANCE CONFIRMING THE APPOINTMENT OF CHRISTOPHER ARRIETTA AS SERVICE DIRECTOR FOR THE CITY OF BEACHWOOD, OHIO; AND DECLARING THIS TO BE AN URGENT MEASURE WHEREAS, pursuant to Article IV, Section 4, Paragraph 7 of the Charter, the Mayor, effective January 12, 2019, appoints Christopher Arrietta as Service Director for a term not to extend beyond December 31, 2021 and has requested that Council confirm said appointment; and WHEREAS, Council desires to confirm the Mayor s appointment of Christopher Arrietta as Service Director. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Beachwood, County of Cuyahoga, and State of Ohio that: Section 1: The appointment by the Mayor of Christopher Arrietta as Service Director for the City of Beachwood, beginning January 12, 2019, for a term not to extend beyond December 31, 2021, is hereby confirmed. Section 2: Effective January 12, 2019, Mr. Arrietta s employment shall continue to be subject to all of the provisions of the Administrative Salary Ordinance and Personnel Policy Manual, provided, however, that notwithstanding any other provision of that Ordinance and Policy, Mr. Arrietta s employment shall continue to be subject to the authority of the Mayor to appoint Department Directors pursuant to Article IV, Section 4, Paragraph 7 of the Charter. Section 3: It is found and determined that all formal actions and deliberations of Council and its committees relating to the passage of this legislation that resulted in formal action were in meetings open to the public where required by Chapter 105 of the Codified Ordinances of the City. Section 4: This Ordinance is hereby declared to be an urgent measure necessary for the immediate preservation of the public peace, health or safety or the efficient operation of the City; such necessity existing for the reason that the employment provided herein is needed for the proper operation of an essential Department of the City government; wherefore, this Ordinance shall be in effect immediately upon its passage and approval by the Mayor. WHEREFORE, this Ordinance shall take effect and be in force from and after the earliest date permitted by law. Attest: I hereby certify this legislation was duly adopted on the 17 th day of December, 2018, and presented to the Mayor for approval or rejection in accordance with Article III, Section 8 of the Charter on the 18 th day of December, Clerk Approval: I have approved this legislation this 18 th day of December, 2018 and filed it with the Clerk. Mayor Page 61 of 78

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63 INTRODUCED BY: ORDINANCE NO AN ORDINANCE ACCEPTING A CERTAIN BID FROM L. CATICCHIO & SON, INC., FOR THE 2019 TREE PLANTING PROGRAM; AND DECLARING THIS TO BE AN URGENT MEASURE and WHEREAS, the City received bids for various species of trees in the City of Beachwood; WHEREAS, the Service Director has recommended that the City accept the bid of L. Caticchio & Son, Inc. as the lowest, best and most responsive bid received at a cost of Seventy Three Thousand Two Hundred Forty Three Dollars and No/Cents ($73,243.00) for the purchase and planting of certain species of trees as set forth in his Memorandum to the Mayor dated December 3, NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Beachwood, County of Cuyahoga, and State of Ohio that: Section 1: Based upon the recommendation of the Service Director, the bid of L. Caticchio & Son, Inc., is found to be the lowest, best and most responsive bid received in an amount not to exceed Seventy Three Thousand Two Hundred Forty Three Dollars and No/Cents ($73,243.00) and in accordance with their bid which is attached hereto and incorporated herein as Exhibit A, the Mayor is authorized to enter into a contract on behalf of the City of Beachwood with the said company. Section 2: It is found and determined that all formal actions and deliberations of Council and its committees relating to the passage of this legislation that resulted in formal action were in meetings open to the public where required by Chapter 105 of the Codified Ordinances of the City. Section 3: This Ordinance is declared to be an urgent measure which is immediately necessary for the public peace, health or safety or the efficient operation of the City, and for the further reason of the need to purchase and plant these trees within the seasonal confines; wherefore, this Ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor. WHEREFORE, this Ordinance shall take effect and be in full force from and after the earliest date permitted by law. Attest: I hereby certify this legislation was duly adopted on the 17 th day of December, 2018, and presented to the Mayor for approval or rejection in accordance with Article III, Section 8 of the Charter on the 18 th day of December, Clerk Approval: I have approved this legislation this 18 th day of December, 2018 and filed it with the Clerk. Mayor Page 63 of 78

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71 INTRODUCED BY: ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR TO PURCHASE TWO (2) 2019 FORD EXPLORER POLICE INTERCEPTOR UTILITY VEHICLES FOR THE CITY OF BEACHWOOD, OHIO POLICE DEPARTMENT FROM LIBERTY FORD, INC. TO REPLACE TWO (2) OF THE THREE (3) VEHICLES AUTHORIZED UNDER ORDINANCE NO , FURTHER WAIVING COMPETITIVE BIDDING; AND DECLARING THIS TO BE AN URGENT MEASURE WHEREAS, Council, by prior legislation, has authorized the Mayor to enter into purchase orders with suppliers of products and/or services from a list prepared by the State of Ohio, after the State received competitive bid contracts with such suppliers in accordance with the State laws permitting its political subdivisions to also take advantage of lower costs than municipalities would otherwise experience; and WHEREAS, the Chief of Police had requested permission to purchase three (3) 2019 Ford Explorer Police Interceptor Utility Vehicles from Lebanon Ford, Inc., as authorized by the State of Ohio, Department of Administrative Services and as reflected in the Memorandum to the Mayor dated July 25, The State had already completed competitive bidding requirements for these items; and WHEREAS, pursuant to Ordinance , Council authorized the purchase of these vehicles to be delivered in 2018, to be put into service no later approximately 30 days thereafter, however, Lebanon Ford, Inc. has failed to deliver the vehicles as promised and agreed; and WHEREAS, the City has located two (2) substitute vehicles which are available for purchase from Liberty Ford, Inc., on terms similar to those under the state contract with Lebanon Ford, Inc. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Beachwood, County of Cuyahoga, and State of Ohio that: Section 1: Based upon the recommendation of the Chief of Police, the Mayor is hereby authorized to purchase two (2) 2019 Ford Explorer Police Interceptor Utility Vehicles from Liberty Ford, Inc., to replace two (2) of the three (3) vehicles authorized to be purchased from Lebanon Ford, Inc. under Ordinance , on terms similar to those through the State of Ohio, Department of Administrative Services, at a cost not to exceed Sixty Thousand Two Hundred Dollars and No Cents ($60,200.00), including standard equipment options and delivery, without advertising for competitive bids. Section 2: It is found and determined that all formal actions and deliberations of Council and its committees relating to the passage of this legislation that resulted in formal action were in meetings open to the public where required by Chapter 105 of the Codified Ordinances of the City. Section 3: This Ordinance is declared to be an urgent measure immediately necessary for the public peace, health or safety or the efficient operation of the City, and for the further reason that it is necessary to purchase these vehicles at this time to ensure their availability and delivery at the earliest possible time; wherefore, this Ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor. Page 71 of 78

72 ORDINANCE NO WHEREFORE, this Ordinance shall take effect and be in force from and after the earliest date permitted by law. Attest: I hereby certify this legislation was duly adopted on the 17th day of December, 2018, and presented to the Mayor for approval or rejection in accordance with Article Section 8 of the Charter on the 18 th day of December, Clerk Approval: I have approved this legislation this 18 th day of December, 2018, and filed it with the Clerk. Mayor -2- Page 72 of 78

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77 INTRODUCED BY: J. Pasch and B. Linick ORDINANCE NO AN ORDINANCE ANNOUNCING A COOPERATIVE INITIATIVE BETWEEN THE CITY OF BEACHWOOD AND THE BEACHWOOD CITY SCHOOL DISTRICT TO SUPPORT SEAT BELTS ON ALL NEW SCHOOL BUSES THE DISTRICT PURCHASES WHEREAS, the City of Beachwood and the Beachwood City School District Board of Education have enjoyed a history of working cooperatively on issues relating to the safety of our schools, students and collectively our community and now wish to work together again to achieve a higher level of safety for our students riding District school buses; and WHEREAS, although federal law requires seat belts on small school buses (under 10,000 pounds), neither federal law nor Ohio law currently requires seat belts on school buses 10,000 pounds and over; and WHEREAS, on or about May 22, 2018, the National Transportation Safety Board recommended that all new school buses be equipped with lap/shoulder seat belts for passengers; and WHEREAS, the Beachwood City School District Board of Education, in cooperation with the City of Beachwood, wishes to enhance its commitment to student safety on school buses; and WHEREAS, the City of Beachwood and the Beachwood City School District Board of Education wish to announce a cooperative school bus safety initiative whereby the Beachwood City School District Board of Education commits to equip all new school buses with passenger seat belts as it replaces current buses over time according to its regular schedule of bus replacement and the City of Beachwood commits to provide an amount not to exceed Two Hundred and Fifty Thousand Dollars ($250,000.00) to be paid to the Beachwood City School District on a reimbursement basis for those costs directly attributable to the cost of passenger seat belts on new school buses the District purchases. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Beachwood, County of Cuyahoga, and State of Ohio, that: Section 1: City Council announces a cooperative school bus safety initiative whereby the Beachwood City School District Board of Education commits to equip all new school buses with passenger seat belts as it replaces current buses over time according to its regular schedule of bus replacement and City Council commits to provide an amount not to exceed Two Hundred and Fifty Thousand Dollars ($250,000.00) to be paid to the Beachwood City School District on a reimbursement basis for those costs directly attributable to the cost of passenger seat belts on new school buses the District purchases. Funds, up to the not to exceed amount, shall be paid to the Beachwood City School District upon the presentation of documentation, satisfactory to the City s Finance Director, evidencing monies paid by the School District directly attributable to the cost of passenger seat belts on new school buses the District purchases. Notwithstanding the above, in the event any other governmental agency provides funding to the Beachwood City School District for seat belts on District school buses, those funds shall first be expended prior to reimbursement being issued by the City to address any differential. Section 2: City Council appropriates the funds necessary to meet the commitment set forth in Section 1 above. Section 3: It is found and determined that all formal actions and deliberations of Council and its committees relating to the passage of this legislation that resulted in formal action were in meetings open to the public where required by Chapter 105 Codified Ordinances of the City of Beachwood. Page 77 of 78

78 ORDINANCE NO WHEREFORE, this Ordinance shall take effect and be in force from and after the earliest date permitted by law. Attest: I hereby certify that this legislation was duly adopted on the 17th day of December, 2018 and presented to the Mayor for approval or rejection in accordance with Article III, Section 8 of the Charter on the 18th day of December, Clerk Approval: I have approved this legislation this 18th day of December, 2018 and filed it with the Clerk. Mayor Page 78 of 78

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