DRAFT CITY COUNCIL MEETING AGENDA APRIL 24, 2018 TIME: ROLL CALL: ALEXANDER, HENRY, HURST, KUMIN, LENTINE, LEWIS, URSU

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1 26789 Highland Road Richmond Heights, Ohio Phone: Fax: PLEDGE ALLEGIANCE TO THE FLAG CITY COUNCIL MEETING AGENDA APRIL 24, 2018 TIME: ROLL CALL: ALEXANDER, HENRY, HURST, KUMIN, LENTINE, LEWIS, URSU PRESENT: ABSENT: Motion was made by seconded by to excuse ROLL CALL: ALEXANDER, HENRY, HURST, KUMIN LENTINE, LEWIS, URSU CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion, which motion suspends the Council s rules requiring three separate readings of legislation, and there will be no separate discussion of these items when so adopted. If any Councilperson desires discussion, the particular item will be removed from the Consent Agenda and will be considered separately by Council with full discussion and individual action therein. 1) Minutes of the City Council Meeting from April 10, MOTION Motion was made by seconded by to accept the Consent Agenda as submitted. ROLL CALL: ALEXANDER, HENRY, HURST, KUMIN, LENTINE, LEWIS, URSU

2 REPORTS: PAGE 2, CITY COUNCIL MEETING AGENDA, APRIL 24, 2018 Mayor David H. Roche: Fire Chief, Marc Neumann: Police Chief, Gene Rowe: Building Commissioner, Jim Urankar: Finance Director, Jim Teknipp: Recreation Director, Rick Dula: Economic Development Director, Christel Best: City Engineer, Lee Courtney: Service Director, Donald Kerniskey: Audience:

3 OLD BUSINESS: PAGE 3, CITY COUNCIL MEETING AGENDA, APRIL 24, 2018 RESOLUTION NO.: , INTRODUCED BY URSU, THIRD READING AN EMERGENCY ORDINANCE AUTHORIZING DECLARATIONS OF OFFICIAL INTENT UNDER U.S. TREASURY REGULATIONS WITH RESPECT TO REIMBURSEMENTS FROM PROCEEDS OF BONDS, NOTES OR OTHER OBLIGATIONS OF TEMPORARY ADVANCES MADE FOR PAYMENTS PRIOR TO ISSUANCE, AND RELATED MATTERS. PASSAGE: KEPT ON: READING IN COMMITTEE NEW BUSINESS: RESOLUTION NO.: , INTRODUCED BY URSU, FIRST READING A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH COMPMANAGEMENT, LLC, A SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. COMPANY, FOR THIRD-PARTY ADMINISTATION SERVICES FOR WORKER S COMPENSATION CLAIMS. SUSPENSION: PASSAGE: KEPT ON: READING IN COMMITTEE RESOLUTION NO.: , INTRODUCED BY URSU, FIRST READING A RESOLUTION TO AUTHORIZE A CONTRACT WITH THE AUDITOR OF THE STATE OF OHIO FOR FINANCIAL STATEMENT AUDITS FOR THE YEAR SUSPENSION: PASSAGE: KEPT ON: READING IN COMMITTEE RESOLUTION NO.: , INTRODUCED BY URSU, FIRST READING A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH O REILLY EQUIPMENT, LLC FOR THE PURCHASE OF A UTILITY TRAILER FOR THE SERVICE DEPARTMENT. SUSPENSION: PASSAGE: KEPT ON: READING IN COMMITTEE RESOLUTION NO.: , INTRODUCED BY LENTINE, FIRST READING A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH HASTINGS AIR ENERGY CONTROL, INC. FOR THE PURCHASE AND INSTALLATION OF A SOURCE CAPTURE EXHAUST EXTRACTION SYSTEM FOR THE DIVISION OF FIRE. SUSPENSION: PASSAGE: KEPT ON: READING IN COMMITTEE

4 PAGE 4, CITY COUNCIL MEETING AGENDA, APRIL 24, 2018 RESOLUTION NO.: , INTRODUCED BY URSU, FIRST READING A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH BAIN ENTERPRISES, LLC FOR THE PURCHASE OF BARRICADE WARNING SIGNS. SUSPENSION: PASSAGE: KEPT ON: READING IN COMMITTEE RESOLUTION NO.: , INTRODUCED BY COTTON-HENRY, FIRST READING A RESOLUTION ADOPTING A DISASTER RECOVERY PLAN FOR THE CITY OF RICHMOND HEIGHTS. SUSPENSION: PASSAGE: KEPT ON: READING IN COMMITTEE ADDITIONS: CORRESPONDENCE: ADJOURNMENT: MOTION WAS MADE BY SECONDED BY TO ADJOURN THIS APRIL 24, 2018 CITY COUNCIL MEETING AT P.M

5 ORDINANCE NO INTRODUCED BY: Ursu AN EMERGENCY ORDINANCE AUTHORIZING DECLARATIONS OF OFFICIAL INTENT UNDER U.S. TREASURY REGULATIONS WITH RESPECT TO REIMBURSEMENTS FROM PROCEEDS OF BONDS, NOTES OR OTHER OBLIGATIONS OF TEMPORARY ADVANCES MADE FOR PAYMENTS PRIOR TO ISSUANCE, AND RELATED MATTERS. WHEREAS, United States Treasury Regulations (the Reimbursement Regulations) prescribe conditions under which proceeds of bonds, notes or other obligations (hereinafter collectively referred to as Bonds ) used to reimburse advances made for capital and certain expenditures (Original Expenditures) paid before the issuance of such Bonds will be deemed to be expended for purposes of the Internal Revenue Code of 1986, as amended (the Code), upon such reimbursement so that the proceeds so used will no longer be subject to requirements or restrictions under those sections of the Code; WHEREAS, certain provisions of the Reimbursement Regulations require that there be a Declaration of Official Intent not later than 60 days following payment of the Original Expenditures expected to be reimbursed from proceeds of Bonds, and that the reimbursement occur within certain prescribed time periods after an Original Expenditure is paid or after the property resulting from that Original Expenditure is placed in service; and Regulations; WHEREAS, this Council wishes to take steps to comply with the Reimbursement NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Richmond Heights, Ohio, that: Section 1. Definitions. The following definitions apply to the terms used herein: Authorized Officer means the Mayor or the Director of Finance or any person designated for the purpose by those officers. Declaration of Official Intent means a declaration of intent, in the form and manner and time contemplated in the Reimbursement Regulations, that the advances for Original Expenditures referred to therein are reasonably expected to be reimbursed from the proceeds of Bonds to be issued after those Original Expenditures are paid. Reimbursement or reimburse means the restoration to the City of money temporarily advanced from its other funds and spent for Original Expenditures before the issuance of the Bonds, evidenced in writing by an allocation on the books and records of the City that shows the use of the proceeds of the Bonds to restore the money advanced for the Original Expenditures. { }

6 Reimbursement or reimburse generally does not include the refunding or retiring of Bonds previously issued and sold to, or borrowings from, unrelated entities. Section 2. Authorization and Requirement of Declarations of Official Intent. Each Authorized Officer is authorized (a) to prepare and sign Declarations of Official Intent in substantially the form attached as Exhibit A with respect to Original Expenditures to which the Reimbursement Regulations apply to be made from money temporarily advanced and that is reasonably expected to be reimbursed (in accordance with applicable authorizations, policies and practices) from the proceeds of Bonds, (b) to make appropriate reimbursement and timely allocations from the proceeds of the Bonds to reimburse such Original Expenditures, and (c) to take any other actions as may be appropriate, all at the times and in the manner required under the Reimbursement Regulations in order for the reimbursement to be treated as an expenditure of such proceeds for purposes of Sections 103 and 141 to 150 of the Code. No advance from any fund or account or order for payment may be made for Original Expenditures (other than expenditures excepted from such requirement under the Regulations) that are to be reimbursed subsequently from proceeds of Bonds unless a Declaration of Official Intent with respect thereto is made within the time required by the Reimbursement Regulations. Section 3. Compliance with Open Meeting Requirements. This Council finds and determines that all formal actions of this Council and of any of its committees concerning and relating to the passage of this Ordinance were taken in open meetings of this Council or of its committees and that all deliberations of this Council and of any committees that resulted in those formal actions were in meetings open to the public in compliance with the law. Section 4. Declaration of Emergency; Effective Date. This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety of this City, and for the further reason that this Ordinance is required to be immediately effective such that Original Expenditures to be reimbursed are immediately necessary for such preservation and the Reimbursement Regulations require timely Declarations of Official Intent in order to qualify such Original Expenditures for reimbursement from the proceeds of Reimbursement Bonds; wherefore, this Ordinance shall be in full force and effect from and immediately upon its passage and approval by the Mayor. PASSED:, 2018 APPROVED:, 2018 David H. Roche, Mayor ATTEST: Betsy Traben Clerk of Council Eloise Cotton-Henry President of Council { } 2

7 EXHIBIT A DECLARATION OF OFFICIAL INTENT For Reimbursement of Expenditures from Bonds/Notes This is a Declaration of Official Intent under U.S. Treasury Regulations for purposes of Sections 103 and 141 to 150 of the Internal Revenue Code of 1986, as amended (the Code ). 1. The undersigned, on behalf of the City of Richmond Heights, Ohio (the Borrower ), declares that the Borrower reasonably expects that the capital and other expenditures described in paragraph 2 (the Project ) will be reimbursed with the proceeds of bonds (as defined in Section 150 of the Code). The maximum principal amount of bonds expected to be issued for the Project is $. 2. Description of capital and other expenditures to be reimbursed. [Complete either the first option or the second option but do not use the second option unless the functional purpose of the fund or account is generally descriptive of the purpose of the expenditures.] Expenditures for (insert a general functional description of property, project, program or purpose): [OR] Expenditures initially made from and to be reimbursed to the fund or account entitled, the general functional purpose of which fund or account is The undersigned has been authorized by the Borrower to make and sign this Declaration on behalf of the Borrower. Date of Declaration:, 20 CITY OF RICHMOND HEIGHTS, OHIO By (Signature) (Type or print Name and Title) Caution: This Declaration of Official Intent will not be effective unless the bonds providing money for the reimbursement are issued and the reimbursement for the Project described above is made (by an allocation on the books and records identifying the expenditures as in paragraph 2 above) within the applicable period prescribed in the Treasury Regulations generally, 18 months after the later of the date of the expenditure or the date the Project is placed in service, but in no event later than three years after the date of the expenditure. { } A-1

8 EXHIBIT A INSTRUCTIONS for DECLARATION OF OFFICIAL INTENT for Reimbursement From Tax-Exempt Bonds/Notes PURPOSE The form to which these instructions pertain is intended for use under Treasury Regulations (the Reimbursement Regulations ) in order that capital and certain other expenditures paid with moneys temporarily advanced from other funds that are reasonably expected to be reimbursed from proceeds of subsequently issued notes, bonds or other obligations ( Bonds ) may qualify for such reimbursement. Failure to comply can result in the inability for federal income tax purposes to treat proceeds of the Bonds used to reimburse the expenditures as spent for arbitrage/rebate purposes. With certain exceptions for qualified preliminary expenditures and certain de minimis expenditures, a Declaration of Official Intent must be made not later than 60 days after payment of any expenditure expected to be reimbursed from proceeds of Bonds. Declarations of Official Intent should not be made systematically for all expenditures or in exaggerated amounts regardless of actual expectations, but only when it is realistically expected that the expenditure will be reimbursed from the proceeds of Bonds. In general only capital expenditures can be reimbursed from the proceeds of Bonds. Capital expenditures include (subject to any more restrictive state law) any costs related to the acquisition or construction of land or interests in real estate, buildings, structures, additions thereto, or other permanent improvements, and restoration or betterments made to increase the value of property or substantially prolong its useful life, and machinery, equipment, furniture and fixtures or other property having a useful life of at least one year or such longer period as is required by applicable state law. Costs of issuance of the Bonds are capital expenditures. Certain other expenditures also qualify for reimbursement. The Regulations do not apply to, and this form is not needed in connection with, the use of proceeds of Bonds to finance expenditures paid on or after the date of issuance of the Bonds. This form also generally is not needed in connection with the issuance of Bonds to refinance external borrowings (taxable or tax-exempt). INSTRUCTIONS These instructions are based on the Reimbursement Regulations currently in effect. The references are to the particular paragraphs on the form of Declaration of Official Intent. Paragraph 1. Insert the anticipated maximum principal amount of Bonds expected to be issued for the Project. The amount should include the maximum principal amount of all Bonds to be issued for the Project (i.e., Bonds for reimbursement of prior expenditures and Bonds to finance expenditures to be paid on or after the date of issuance of the Bonds). A Project includes any property, project, or program (e.g., highway capital improvement program, hospital equipment acquisition, or school building renovation). Paragraph 2. The general description of the capital expenditures to be reimbursed may be set forth in one of two ways either by a functional description of the property, project or program for which the expenditures are made Examples highway capital improvement program ; street and bridge improvements ; hospital equipment acquisition ; school buildings renovation ; or by identification of the fund or account from which the money will be advanced to pay the expenditures that will be reimbursed subsequently from Bonds, and a statement of the general functional purpose of that fund or account { } A-2

9 Example parks and recreation fund, the general functional purpose of which fund or account is recreational facility capital improvement program. The second option concerning identification and description of the fund can be used where the fund purpose, in effect, describes the generic purpose of the project, property or program, such as a waterworks improvement for which money is advanced from the water utility capital improvement fund. If the money is to be advanced from a general purpose fund such as the general fund or a capital improvements fund that is available for any type of capital improvement, use the first option by stating the generic function of the project, property or improvement. 501(c) Organizations. If the proceeds of the Bonds will be loaned to a 501(c)(3) organization, either the 501(c)(3) organization or the issuer of the Bonds may make the Declaration with respect to expenditures of the 501(c)(3) organization that are to be reimbursed. { } A-3

10 RESOLUTION NO.: INTRODUCED BY: Ursu A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH COMPMANAGEMENT, LLC, A SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. COMPANY, FOR THIRD- PARTY ADMINISTATION SERVICES FOR WORKER S COMPENSATION CLAIMS. WHEREAS, the City is in need of third-party administration services for workers compensation claims filed by City employees; and WHEREAS, the firm CompManagement, LLC, a Sedgwick Claims Management Services, Inc. company, has satisfactorily assisted the City in the past with respect to these type of services. NOW, THEREFORE, be it resolved by the Council of the City of Richmond Heights, State of Ohio, that: Section 1: The Mayor is authorized to enter into an agreement with CompManagement, LLC, a Sedgwick Claims Management Services, Inc. company, for workers compensation third-party administration services, a copy of which is attached hereto and incorporated herein as Exhibit A, for an amount not to exceed Two Thousand Six Hundred Forty-Five Dollars ($2,645.00) for calendar year Section 2: The Director of Finance is authorized and directed to appropriate to a proper account the amount necessary for the services set forth in Section 1 of this Resolution. Section 3: It is found and determined that all formal actions of this Council concerning and relating to the adoption 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 action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. Section 4: This Resolution shall take effect and be in force from and after the earliest period allowed by law. PASSED: David H. Roche, Mayor APPROVED: ATTEST: Betsy Traben Clerk of Council Eloise Cotton-Henry President of Council { } 1

11 RESOLUTION NO.: INTRODUCED BY: Ursu A RESOLUTION TO AUTHORIZE A CONTRACT WITH THE AUDITOR OF THE STATE OF OHIO FOR FINANCIAL STATEMENT AUDITS FOR THE YEAR WHEREAS, the City is required to have its annual financial statements audited in accordance with accounting principles generally accepted in the United States and needs this to be done for the year ending December 31, 2017, which services can be provided pursuant to the letter agreement from the Auditor of State attached hereto and incorporated herein as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Richmond Heights, State of Ohio, that: Section 1: The Mayor is authorized to execute the letter agreement attached hereto as Exhibit A with the Auditor of the State of Ohio for the services set forth therein in a total amount not to exceed $28,700.00, and any additional work which would require an expenditure of funds above the $28, shall be approved by this Council. Section 2: If necessary, the Director of Finance is authorized and directed to appropriate to a proper account the funds necessary for the agreement authorized in Section 1 of this Resolution. Section 3: It is found and determined that all formal actions of this Council concerning and relating to the adoption 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 action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. Section 4: This Resolution shall take effect and be in force from and after the earliest period allowed by law. PASSED: David H. Roche, Mayor APPROVED: ATTEST: Betsy Traben Clerk of Council Eloise Cotton-Henry President of Council { }

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21 RESOLUTION NO.: INTRODUCED BY: Ursu A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH O REILLY EQUIPMENT, LLC FOR THE PURCHASE OF A UTILITY TRAILER FOR THE SERVICE DEPARTMENT. WHEREAS, the Director of Public Service and Properties has advised this Council that the Service Department is in need of a utility trailer; and WHEREAS, the Director of Public Service and Properties has obtained a quote from O Reilly Equipment, LLC for the purchase of a utility trailer for the Service Department in an amount not to exceed One Thousand Eight Hundred Dollars ($1,800.00); and WHEREAS, Council s Finance Committee recommends that Council authorize the Mayor to enter into an agreement with O Reilly Equipment, LLC for the purchase of a utility trailer for the Service Department in an amount not to exceed One Thousand Eight Hundred Dollars ($1,800.00). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Richmond Heights, State of Ohio, that: Section 1: The Mayor is authorized to enter into an agreement with O Reilly Equipment, LLC for the purchase of a utility trailer for the Service Department in an amount not to exceed One Thousand Eight Hundred Dollars ($1,800.00). Section 2: It is found and determined that all formal actions of this Council concerning and relating to the adoption 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 action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. Section 3: This Resolution shall take effect and be in force from and after the earliest period allowed by law. PASSED: APPROVED: David H. Roche, Mayor ATTEST: Betsy Traben Clerk of Council Eloise Cotton-Henry President of Council { }

22 RESOLUTION NO.: INTRODUCED BY: Lentine A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH HASTINGS AIR ENERGY CONTROL, INC. FOR THE PURCHASE AND INSTALLATION OF A SOURCE CAPTURE EXHAUST EXTRACTION SYSTEM FOR THE DIVISION OF FIRE. WHEREAS, the Chief of Fire has advised this Council that the Division of Fire is in need of a Source Capture Exhaust Extraction System in the apparatus bay of the fire station for the Division of Fire; and WHEREAS, the Chief of Fire has received a quote from Hastings Air Energy Control, Inc. for the purchase and installation of a Source Capture Exhaust Extraction System in an amount not to exceed $70,000; and WHEREAS, the City has received a U.S. Department of Homeland Security Assistance to Firefighters Grant in the amount of $80,000 for this purchase and which grant requires a 5% matching funds amount of $3, which will be paid by Cuyahoga County Public Safety & Justice Services; and WHEREAS, Council's Safety Committee and Finance Committee have reviewed the need for this purchase and recommend the same to Council. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Richmond Heights, State of Ohio, that: Section 1: The Mayor is authorized to enter into a purchase agreement with Hastings Air Energy Control, Inc., 5555 S. Westridge Dr., New Berlin, Wisconsin 53151, for the purchase and installation of a Source Capture Exhaust Extraction System, as set forth above, for a total cost not to exceed $70, Section 2: It is found and determined that all formal actions of this Council concerning and relating to the adoption 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 action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. Section 3: This Resolution shall take effect and be in force from and after the earliest period allowed by law. PASSED: APPROVED: ATTEST: Betsy Traben Clerk of Council David H. Roche, Mayor Eloise Cotton-Henry President of Council { }

23 RESOLUTION NO.: INTRODUCED BY: Ursu A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH BAIN ENTERPRISES, LLC FOR THE PURCHASE OF BARRICADE WARNING SIGNS. WHEREAS, the Director of Public Service and Properties has obtained a quote from Bain Enterprises, LLC for barricade warning signs to be used on City streets in an amount not to exceed Three Thousand Eight Hundred Dollars ($3,800.00); and WHEREAS, Council s Finance Committee recommends that Council authorize the Mayor to enter into an agreement with Bain Enterprises, LLC for the purchase of barricade warning signs in an amount not to exceed Three Thousand Eight Hundred Dollars ($3,800.00). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Richmond Heights, State of Ohio, that: Section 1: The Mayor is authorized to enter into an agreement with Bain Enterprises, LLC for the purchase of barricade warning signs in an amount not to exceed Three Thousand Eight Hundred Dollars ($3,800.00). Section 2: If an appropriation is necessary, the Director of Finance is authorized and directed to appropriate to a proper account a sum sufficient to cover the cost of the agreement referred to in Section 1 above. Section 3: It is found and determined that all formal actions of this Council concerning and relating to the adoption 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 action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. Section 4: This Resolution shall take effect and be in force from and after the earliest period allowed by law. PASSED: David H. Roche, Mayor APPROVED: ATTEST: Betsy Traben Clerk of Council Eloise Cotton-Henry President of Council { }

24 RESOLUTION NO.: INTRODUCED BY: Cotton-Henry A RESOLUTION ADOPTING A DISASTER RECOVERY PLAN FOR THE CITY OF RICHMOND HEIGHTS. WHEREAS, the State Auditor has recommended that local governments in Ohio adopt a disaster recovery plan and update it on a periodic basis, the purpose of such a plan being to ensure continuity of the local government s business following a catastrophic event - - e.g., a natural disaster, acts of terror, fire, water main break, power outage, bomb threats, labor strikes, mass protests, pandemics, etc.; WHEREAS, if the City is subjected to a catastrophic event the costs can be crippling and the Mayor, first responders, and other City officials will need to continue City operations at an effective level to meet the City s responsibilities to its citizens and employees; WHEREAS, the Council President and the City s administration have developed a Disaster Recovery Plan for the City Council s review and consideration for adoption. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF RICHMOND HEIGHTS, STATE OF OHIO, THAT: Section 1: This Council hereby adopts a Disaster Recovery Plan, dated April 17, 2018, and on file with the Clerk of Council and the Mayor s Office. Section 2: It is found and determined that all formal actions of this Council concerning and relating to the adoption 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 action, were in meetings open to the public, in compliance with all legal requirements, including Section of the Ohio Revised Code. Section 3: This Resolution shall take effect and be in force from and after the earliest period allowed by law. PASSED: David H. Roche, Mayor APPROVED: ATTEST: Betsy Traben Clerk of Council Eloise Cotton-Henry President of Council { }