City Council Agendas / Approved Minutes
Regular MeetingGarfield Heights, OH · June 10, 2024
Agenda
COUNCIL OF THE CITY OF GARFIELD HEIGHTS
COUNCIL CAUCUS @ 6:30 P.M.
REGULAR MEETING @ 7:00 P.M.
MONDAY, JUNE 10, 2024
1. INVOCATION/PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. READING & DISPOSAL OF MINUTES
4. WRITTEN COMMUNICATIONS TO COUNCIL
5. COMMITTEE REPORTS
6. REPORTS OF MAYOR AND DIRECTORS
7. COMMUNICATIONS FROM CITIZENS ON AGENDA
8. ORDINANCES AND RESOLUTIONS
9. COMMENTS BY CITIZENS
10. MISCELLANEOUS BUSINESS
11. ADJOURNMENT
ORDINANCE NO. 33-2024
AN ORDINANCE AUTHORIZING THE MAYOR TO RENEW AN AGREEMENT ON BEHALF OF THE CITY OF
GARFIELD HEIGHTS WITH COURT COMMUNITY SERVICE, AND DECLARING AN EMERGENCY
ORDINANCE NO. 34-2024
AN ORDINANCE TO REVISE THE CODIFIED ORDINANCES BY ADOPTING CURRENT REPLACEMENT PAGES
PURSUANT TO SECTION 17 OF THE CHARTER, AND DECLARING AN EMERGENCY
ORDINANCE NO. 35-2024
AN ORDINANCE AMENDING SECTION 351.99 OF THE CODIFIED ORDINANCES OF GARFIELD HEIGHTS,
OHIO, PROVIDING INTER ALIA FOR PENALTIES FOR THE VIOLATION OF SECTION 351.04(g)(1)(A)(i),
351.04(g)(1)(A)(ii), AND 351.04(m) WITH RESPECT TO HANDICAPPED PARKING, AND DECLARING AN
EMERGENCY
ORDINANCE NO. 36-2024
AN ORDINANCE AUTHORIZING THE MAYOR OR HIS DESIGNEE TO ACCEPT THE VIOLENT CRIME
REDUCTION GRANT MADE AVAILABLE BY THE OHIO OFFICE OF CRIMINAL JUSTICE SERVICES, AND
DECLARING AN EMERGENCY
ORDINANCE NO. 37-2024
AN ORDINANCE AUTHORIZING THE MAYOR OR HIS DESIGNEE TO ACCEPT THE ARPA COMMUNITY
GRANT FUND MADE AVAILABLE BY CUYAHOGA COUNTY, AND DECLARING AN EMERGENCY
ORDINANCE NO. 38-2024
AN ORDINANCE AUTHORIZING THE PRESIDING JUDGE OF THE GARFIELD HEIGHTS MUNICIPAL COURT TO
ACCEPT THE 2024 TECHNOLOGY GRANT MADE AVAILABLE BY THE SUPREME COURT OF OHIO, AND
DECLARING AN EMERGENCY
ORDINANCE NO. 39-2024
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREEMENT WITH
OHM ADVISORS TO PROVIDE ENGINEERING TASKS FOR THE GARFIELD HEIGHTS CIVIC CENTER PARKING
PROJECT, AND DECLARING AN EMERGENCY
ORDINANCE NO. 40-2024
AN ORDINANCE AUTHORIZING THE MAYOR OR HIS DESIGNEE TO ACCEPT A PROPOSAL FROM SNIDER
RECREATION INC. TO PERFORM PLAYGROUND DESIGN, REMOVE EXISTING, AND PURCHASE AND
INSTALL NEW PLAY EQUIPMENT AND SURFACING AT THE FRANK J. DEBELAK RECREATION AREA, AS PART
OF THE GARFIELD HEIGHTS PARK EQUIPMENT UPGRADE PROJECT, AND DECLARING AN EMERGENCY
ORDINANCE NO. 41-2024
AN ORDINANCE AUTHORIZING THE MAYOR OR HIS DESIGNEE TO ACCEPT THE 2024 STATE VIOLENT
CRIME GRANT FOR LICENSE PLATE READERS, MADE AVAILABLE BY THE OHIO OFFICE OF CRIMINAL
JUSTICE SERVICES, AND DECLARING AN EMERGENCY
ORDINANCE NO. 42-2024
AN ORDINANCE AUTHORIZING THE MAYOR, OR HIS DESIGNEE, TO APPLY FOR AND ACCEPT GRANT
FUNDING FROM THE OHIO DEPARTMENT OF PUBLIC SAFETY’S OHIO TRAFFIC SAFETY OFFICE UNDER THE
IMPAIRED DRIVING ENFORCEMENT PROGRAM (IDEP) AND THE SELECTIVE TRAFFIC ENFORCEMENT
PROGRAM (STEP), AND DECLARING AN EMERGENCY
ORDINANCE NO. 43-2024
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, OR HIS DESIGNEE, TO ENTER INTO AN
AGREEMENT WITH RELMAC MECHANICAL, LLC FOR THE PURCHASE AND INSTALLATION OF A CARRIER
ROOFTOP AIR-CONDITIONING UNIT FOR GARFIELD HEIGHTS FIRE STATION #1, AND DECLARING AN
EMERGENCY
RESOLUTION NO. 14-2024
A RESOLUTION RECOGNIZING THE MONTH OF JUNE AS LGBTQIA+ PRIDE MONTH IN THE CITY OF
GARFIELD HEIGHTS
RESOLUTION NO. 15-2024
A RESOLUTION AUTHORIZING THE MAYOR, OR HIS DESIGNEE, TO ENTER INTO A RIGHT OF ENTRY
AGREEMENT WITH THE NORTHEAST OHIO REGIONAL SEWER DISTRICT, AND DECLARING AN
EMERGENCY
RESOLUTION NO. 16-2024
A RESOLUTION ON BEHALF OF THE CITY OF GARFIELD HEIGHTS HONORING INIYA CHARLTON FOR HER
ACADEMIC AND CO-CURRICULAR ACCOMPLISHMENTS
RESOLUTION NO. 17-2024
A RESOLUTION BY THE MAYOR AND COUNCIL ON BEHALF OF THE RESIDENTS OF THE CITY OF GARFIELD
HEIGHTS HONORING AND COMMENDING GARFIELD HEIGHTS FIREFIGHTERS: LT. JAMES TOTH, DAVID
POHLCHUCK, STEVE KORDAS, LT. MARK CREQUE, DANIEL HOUGH, DEVIN MILAM, JOSHUA RUSS, KEVIN
STRAKA, AND COLIN WILSON, AND RESPONDING POLICE OFFICERS AND DISPATCHERS, WHO BRAVELY
GAVE SELFLESS RESPONSE TO CITIZENS IN NEED
GARFIELD HEIGHTS CITY COUNCIL
WARD 1: COUNCILWOMAN STACEY COLLIER
WARD 2: COUNCILWOMAN TENISHA MACK
WARD 3: COUNCILMAN MARK SMITH
WARD 4: COUNCILMAN AVERY JOHNSON
WARD 5: COUNCILWOMAN RACHELLE TONSING
WARD 6: COUNCILMAN CLIFFORD KELLEY
WARD 7: COUNCILWOMAN JENNIFER NEWRONES
COUNCIL PRO TEM: STACEY COLLIER
PRESIDENT OF COUNCIL: AVERY JOHNSON
CLERK OF COUNCIL: LOTTIE OVERBY
NEXT COUNCIL MEETING IS SCHEDULED FOR MONDAY, JULY 8, AT 7 P.M.
ORDINANCE NO.: 33-2024
SPONSORED BY: MAYOR MATTHEW A. BURKE
AN ORDINANCE AUTHORIZING THE MAYOR TO RENEW AN
AGREEMENT ON BEHALF OF THE CITY OF GARFIELD
HEIGHTS WITH COURT COMMUNITY SERVICE, AND
DECLARING AN EMERGENCY
WHEREAS, Court Community Service provides supervised community service work crews to
complete cleanup and landscaping projects throughout various cities; and
WHEREAS, the City of Garfield Heights would like to renew the agreement entered into last year
with Court Community Service; and
WHEREAS, currently, the City’s agreement with Court Community Service is set to expire; this
renewal will add one (1) additional year to the agreement; and
WHEREAS, there will be no increase in cost for the year 2024.
NOW, THEREFORE BE IT ORDAINED by the Council of the City of Garfield Heights, Ohio
that:
SECTION 1. The Mayor is hereby authorized and directed to enter into an agreement (attached
hereto as Exhibit A and included as if fully written within) on behalf of the City of Garfield Heights with
Court Community Service for a period of twelve months at a cost not to exceed $79,160.00 to be invoiced
and paid on a monthly basis.
SECTION 2. The Finance Director hereby authorized and directed to issue her vouchers for
the City, to be charged to the appropriate fund for the purposes set forth in Section 1 hereof.
SECTION 3. Council declares this Ordinance to be an emergency measure necessary for the
preservation of the public health, safety and welfare; therefore, this Ordinance shall be in full force and
effect immediately upon the adoption of City Council and approval by the Mayor; otherwise from and
after the earliest period allowed by law.
PASSED: ________________________________
APPROVED: _____________________________ ________________________________
MAYOR PRESIDENT OF COUNCIL
ATTEST: ________________________________ EFFECTIVE DATE: ____________
CLERK OF COUNCIL
Exhibit A
Court Community Service
Garfield Heights Work Crew Program 2024
This contract, made and executed in duplicate, by and between the Court Community Service
(“CCS”), of 820 West Superior Ave., Suite 310 Cleveland, Ohio 44113 and the City of Garfield
Heights (“CITY”), of 5407 Turney Rd., Garfield Heights, Ohio 44125, witnesseth:
Project Description:
CCS will provide CITY with a supervised community service work crew to implement cleanup
and landscaping projects on public properties. The work crew may also perform property
cleanups as ordered to by the Garfield Heights Municipal Court. In addition, the crew may also
be assigned to perform snow shoveling on public properties.
Services Provided by CCS:
CCS will provide a Work Crew Supervisor and a crew of a minimum of three (3) community
service workers four (4) days per week excluding holidays. The project will provide CITY with a
minimum of one hundred and ninety-two (192) days of service per year. CCS will provide
transportation, tools, supplies, and equipment required for litter collection and basic landscaping
projects. CCS will also provide personal safety equipment, insurance, and related administrative
services.
CITY will provide CCS with secured parking for an equipment trailer and disposal services
(dumpsters) for trash and debris collected. CITY will be responsible for the disposal of all trash
and debris.
Option to Include Additional Work Days
When supervisors and crews are available, CCS will offer to CITY the opportunity to have court
community service workers complete additional work days, bringing the weekly total up to five
(5) days. In the event CITY accepts on a given day, CCS will provide the same service to CITY
on said days, and CITY will pay the same daily rate as a regular day.
Project Cost:
The cost of the project, without additional work days, for a period of twelve (12) months is
$62,520.00. CITY shall pay CCS in twelve (12) monthly payments of $5,210.00. CCS shall
submit a monthly invoice including a detailed report indicating the work performed during the
month (listed by date of service) and summary statistics.
In the event CCS provides court community service workers on additional days, CCS will denote
such days on the monthly invoice. CITY shall pay $320.00 for each additional day worked by
CCS.
Coordination with CITY:
CITY will provide the CCS Work Crew Supervisor with the locations and types of work to be
performed at each location. CCS will contact the designated CITY liaison with any concerns or
questions. A daily report will be provided to CITY outlining the work performed.
Effective Date:
The terms of this contract will go into effect immediately upon the conclusion of the original
contract so as to ensure that there is no gap in service or payment.
__________________________________________ ______________
Paul Klodor, Executive Director of Court Community Service Date
__________________________________________ ______________
Matthew A. Burke, Mayor of the City of Garfield Heights Date
ORDINANCE NO.: 34-2024
SPONSORED BY: MAYOR MATTHEW A. BURKE
AN ORDINANCE TO REVISE THE CODIFIED ORDINANCES
BY ADOPTING CURRENT REPLACEMENT PAGES
PURSUANT TO SECTION 17 OF THE CHARTER, AND
DECLARING AN EMERGENCY
WHEREAS, certain provisions within the Codified Ordinances should be amended to
conform with current State law as required by the Ohio Constitution; and
WHEREAS, various ordinances of a general and permanent nature have been passed by
Council which should be included in the Codified Ordinances; and
WHEREAS, the City has heretofore entered into a contract with the Walter H. Drane
Company to prepare and publish such revision which is before Council.
NOW, THEREFORE, BE IT ORDAINED By the Council of the City of Garfield
Heights, Ohio that:
SECTION 1. The ordinances of the City of Garfield Heights, Ohio, of a general and
permanent nature, as revised, recodified, rearranged and consolidated into component codes,
titles, chapters and sections within the 2024 Replacement Pages to the Codified Ordinances are
hereby approved and adopted.
SECTION 2. The following sections and chapters are hereby added, amended or
repealed as respectively indicated in order to comply with current State law:
Traffic Code
301.35 School Bus. (Amended)
303.991 Committing an Offense While Distracted Penalty. (Amended)
331.35 Occupying Travel Trailer, Fifth Wheel Vehicle or Manufactured or
Mobile Home While in Motion. (Amended)
331.38 Stopping for School Bus; Discharging Children. (Amended)
331.45 Restrictions on the Operation of School Buses. (Added)
333.01 OVI; Willful Misconduct; Speed. (Amended)
333.03 Maximum Speed Limits; Assured Clear Distance Ahead. (Amended)
333.11 Electronic Wireless Communication Device Use Prohibited While
Driving. (Amended)
335.07 Driving Under Suspension or License Restriction. (Amended)
335.071 Driving Under OVI Suspension. (Amended)
335.072 Driving Under Financial Responsibility Law Suspension or Cancellation;
Driving Under a Nonpayment of Judgment Suspension. (Amended)
335.073 Driving Without Complying With License Reinstatement Requirements.
(Amended)
335.074 Driving Under License Forfeiture or Child Support Suspension.
(Amended)
Traffic Code (Cont.)
337.16 Number of Lights; Limitations on Flashing, Oscillating or Rotating
Lights. (Amended)
337.22 Windshield and Windshield Wiper; Sign or Poster Thereon. (Amended)
337.26 Child Restraint System Usage. (Amended)
337.33 Lights and Sign on Transportation for Preschool Children. (Added)
341.01 Commercial Drivers Definitions. (Amended)
341.04 Commercial Drivers Prohibitions. (Amended)
341.05 Criminal Offenses. (Amended)
General Offenses Code
501.01 General Provisions and Penalty Definitions. (Amended)
501.99 Penalties for Misdemeanors. (Amended)
505.12 Coloring Rabbits or Baby Poultry; Sale or Display of Poultry.
(Amended)
505.28 Rights of Blind, Deaf or Hearing Impaired, or Mobility Impaired Person,
or Trainer with Assistance Dog. (Added)
509.04 Disturbing a Lawful Meeting. (Amended)
509.06 Inducing Panic. (Amended)
509.14 Impeding Public Passage of an Emergency Service Responder.
(Added)
513.01 Drug Abuse Control Definitions. (Amended)
513.03 Drug Abuse; Controlled Substance Possession or Use. (Amended)
513.04 Possessing Drug Abuse Instruments. (Amended)
513.12 Drug Paraphernalia. (Amended)
513.121 Marihuana Drug Paraphernalia. (Amended)
513.16 Adult Use Cannabis Control; Limitations on Conduct by Individuals.
(Added)
517.08 Raffles. (Amended)
521.10 Nonsmoking Areas in Places of Public Assembly. (Amended)
521.19 Spreading Contagion. (Added)
525.05 Failure to Report a Crime, Injury or Knowledge of Death. (Amended)
505.24 Assaulting Police Dog or Horse or Service Dog. (Amended)
529.02 Sales to and Use By Underage Persons; Securing Public
Accommodations. (Amended)
529.07 Open Container Prohibited. (Amended)
533.01 Obscenity and Sex Offenses Definitions. (Amended)
533.06 Voyeurism. (Amended)
533.08 Procuring; Engagement in Sexual Activity for Hire. (Amended)
537.03 Assault. (Amended)
537.06 Menacing. (Amended)
537.07 Endangering Children. (Amended)
537.12 Misuse of 9-1-1 System. (Amended)
537.15 Temporary Protection Order. (Amended)
537.19 Hazing Prohibited. (Added)
545.05 Misdemeanor Theft. (Amended)
549.02 Carrying Concealed Weapons. (Amended)
549.04 Improperly Handling Firearms in a Motor Vehicle. (Amended)
549.20 Possessing Replica Firearm in School. (Amended)
549.21 Concealed Handgun Licenses; Possession of Revoked or Suspended
License; Additional Restrictions; Posting Signs Prohibiting Possession.
(Amended)
ORDINANCE NO.: 35-2024
SPONSORED BY: MAYOR MATTHEW A. BURKE
AN ORDINANCE AMENDING SECTION 351.99 OF THE
CODIFIED ORDINANCES OF GARFIELD HEIGHTS, OHIO,
PROVIDING INTER ALIA FOR PENALTIES FOR THE
VIOLATION OF SECTION 351.04(g)(1)(A)(i),
351.04(g)(1)(A)(ii), AND 351.04(m) WITH RESPECT TO
HANDICAPPED PARKING, AND DECLARING AN
EMERGENCY
WHEREAS, the Garfield Heights City Council (“Council”) has previously enacted section
351.04 of the Codified Ordinances to provide for the parking of vehicles in the City of Garfield
Heights (“City”) and penalties for the violation thereof; and
WHEREAS, the Council wishes to reconcile Section 351.99 of the Codified Ordinances
regarding traffic code penalties with aforesaid Section 351.04 in order to eliminate any confusion
as to the penalties that apply to violations of Section 351.04(g)(1)(A)(i), 351.04(g)(1)(A)(ii) and
351.04(m), of the Codified Ordinances regarding handicapped parking.
NOW, THEREFORE BE IT ORDAINED by the Council of the City of Garfield Heights,
Ohio, that:
SECTION 1. Section 351.99 of the Codified Ordinances shall be amended to read as
follows:
Except as otherwise provided herein, whoever violates any provision of Chapter 351 except
for Sections 351.16 351.04(g)(1)(A)(i), 351.04(g)(1)(A)(ii), or 351.04(m) or as otherwise
provided, may upon entering a plea of guilty, and further waiving the right of appeal and
error, pay to the Clerk of Courts, or in the absence of the Clerk of Courts, to the Police
Division, the sum of twenty-five dollars ($25.00) within forty-eight hours of the violation, or
the sum of forty dollars ($40.00) within seventy-two hours of the violation, otherwise such
violator shall be subject to the penalty provided in Section 303.99. Whoever violates any
provision of Chapter 351, Section 351.04(f) and/or 351.04(g) relative to handicapped parking
shall pay to the Clerk of Courts, or in absence of the Clerk of Courts, to the Police Division,
the sum of one hundred and fifty dollars ($150.00) Section 351.04(g)(1)(A)(i) or
351.04(g)(1)(A)(ii) shall be subject to the penalties in Section 351.04(o)(1)(A) of the
Codified Ordinances. Whoever violates Section 351.04(m) of the Codified Ordinances
shall be subject to the penalties contained in Section 351.04(o)(2) of the Codified
Ordinances. Whoever displays a "special handicapped license plate" or "parking card" on a
vehicle which is not being operated by, or for, the transport of a handicapped person, is in
violation of 351.04(f), and shall pay to the Clerk of Courts, or in absence of the Clerk of
Courts, to the Police Division, the sum of two hundred dollars ($200.00).
SECTION 2. The updated version of Section 351.99 is attached hereto as Exhibit A.
SECTION 3. Council declares this Ordinance to be an emergency measure necessary for
the immediate preservation of the public health, safety and welfare; therefore, this Ordinance
shall be in full force and effect immediately upon the adoption by Council and approval by the
Mayor; otherwise from and after the earliest period allowed by law.
PASSED: ________________________________
APPROVED: _____________________________ ________________________________
MAYOR PRESIDENT OF COUNCIL
ATTEST: ________________________________ EFFECTIVE DATE: ____________
CLERK OF COUNCIL
EXHIBIT A
Codified Ordinances of the City of Garfield Heights
Section 351.99
Except as otherwise provided herein, whoever violates any provision of Chapter 351 except for
Sections 351.04(g)(1)(A)(i), 351.04(g)(1)(A)(ii), or 351.04(m) or as otherwise provided, may
upon entering a plea of guilty, and further waiving the right of appeal and error, pay to the
Clerk of Courts, or in the absence of the Clerk of Courts, to the Police Division, the sum of
twenty-five dollars ($25.00) within forty-eight hours of the violation, or the sum of forty
dollars ($40.00) within seventy-two hours of the violation, otherwise such violator shall be
subject to the penalty provided in Section 303.99. Whoever violates any provision of Sections
351.04(g)(1)(A)(i) or 351.04(g)(1)(A)(ii) shall be subject to the penalties in Section
351.04(o)(1)(A) of the Codified Ordinances. Whoever violates Section 351.04(m) of the
Codified Ordinances shall be subject to the penalties contained in Section 351.04(o)(2) of the
Codified Ordinances. Whoever displays a "special handicapped license plate" or "parking
card" on a vehicle which is not being operated by, or for, the transport of a handicapped
person, is in violation of 351.04(f), and shall pay to the Clerk of Courts, or in absence of the
Clerk of Courts, to the Police Division, the sum of two hundred dollars ($200.00).
ORDINANCE NO.: 36-2024
SPONSORED BY: MAYOR MATTHEW A. BURKE
AN ORDINANCE AUTHORIZING THE MAYOR OR HIS
DESIGNEE TO ACCEPT THE VIOLENT CRIME REDUCTION
GRANT MADE AVAILABLE BY THE OHIO OFFICE OF
CRIMINAL JUSTICE SERVICES, AND DECLARING AN
EMERGENCY
WHEREAS, in Resolution 27-2023, this Council authorized the Mayor, or his designee to apply
for the Violent Crime Reduction Grant Program for 2024, administered by the Ohio Office of Criminal
Justice Services (OCJS); and
WHEREAS, as a result of the application, the City of Garfield Heights was awarded a grant in the
amount of $403,295.00; and
WHEREAS, accordingly, at this time, the City wishes to accept said grant.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GARFIELD
HEIGHTS, OHIO, THAT:
SECTION 1. The Mayor, or his designee, is hereby authorized to accept the grants totaling in
the amount of $403,295.00 from the Ohio Office of Criminal Justice Services.
SECTION 2. The Finance Director is hereby authorized and directed to issue her vouchers of
the City for the purposes stated in Section 1 hereof, said vouchers to be charged to the appropriate fund.
SECTION 3. Council declares this Ordinance to be an emergency measure necessary for the
preservation of the public health, safety and welfare; therefore, this Ordinance shall be in full force and
effect immediately upon the adoption by Council and approval by the Mayor; otherwise from and after
the earliest period allowed by law.
PASSED: __________________________________
APPROVED: _________________________________ ____________________________________
MAYOR PRESIDENT OF COUNCIL
ATTEST: __________________________________ EFFECTIVE DATE: ____________
CLERK OF COUNCIL
ORDINANCE NO.: 37-2024
SPONSORED BY: MAYOR MATTHEW A. BURKE
AN ORDINANCE AUTHORIZING THE MAYOR OR HIS
DESIGNEE TO ACCEPT THE ARPA COMMUNITY GRANT FUND
MADE AVAILABLE BY CUYAHOGA COUNTY, AND
DECLARING AN EMERGENCY
WHEREAS, the City of Garfield Heights (“City”) has requested funding from the ARPA
Community Grant Fund for the Garfield Heights Park Equipment Upgrade project in Cuyahoga County,
Ohio (“Project”); and
WHEREAS, pursuant to County Council Approval, the County will award an amount not to
exceed $284,000.00 (“Award”) to the City to support the Project, as more fully described in the “Project
Award Agreement” (“Agreement”) between the City and the County, attached hereto as Exhibit A; and
WHEREAS, the County and the City desire to enter into this Agreement to govern their respective
obligations with respect to the Award for the Project.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GARFIELD
HEIGHTS, OHIO, THAT:
SECTION 1. The Mayor, or his designee, is hereby authorized to enter into the Agreement,
attached hereto as Exhibit A, with the Cuyahoga County, and accept the grant totaling $284,000.00.
SECTION 2. The Finance Director is hereby authorized and directed to issue her vouchers of
the City for the purposes stated in Section 1. hereof, said vouchers to be charged to the appropriate fund.
SECTION 3. Council declares this Ordinance to be an emergency measure necessary for the
preservation of the public health, safety and welfare; therefore, this Ordinance shall be in full force and
effect immediately upon the adoption by Council and approval by the Mayor; otherwise from and after
the earliest period allowed by law.
PASSED: __________________________________
APPROVED: _______________________________ ____________________________________
MAYOR PRESIDENT OF COUNCIL
ATTEST: __________________________________ EFFECTIVE DATE: ____________
CLERK OF COUNCIL
Exhibit A
PROJECT AWARD AGREEMENT BETWEEN
CITY OF GARFIELD HEIGHTS AND CUYAHOGA COUNTY
THIS PROJECT AWARD AGREEMENT (“Agreement”) is made and entered into as of
the date signed by the Cuyahoga County Executive (“Effective Date”) by and between the County
of Cuyahoga County, 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 effective date hereof (the
“County”) and the City of Garfield Heights, (“Recipient”), a body corporate and politic and a
political subdivision of the State of Ohio, having a principal place of business at 5407 Turney
Road, Garfield Heights, Ohio 44125.
RECITALS
WHEREAS, Recipient has requested funding from the ARPA Community Grant Fund for
the Garfield Heights Park Equipment Upgrade project in Cuyahoga County, Ohio (“Project”); and
WHEREAS, pursuant to County Council Approval, the County will award an amount not
to exceed $284,000.00 (the “Award”) to Recipient to support the Project, as more fully described
in Exhibit 1;
WHEREAS, the County and Recipient desire to enter into this Agreement to govern their
respective obligations with respect to the Award for the Project.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged by each of the Parties from the other, and intending to be legally bound, the
Parties agree as follows:
AGREEMENT
1. ACCURACY OF RECITALS; DEFINED TERMS
The Parties acknowledge the accuracy of the above Recitals, which are incorporated into and made
a part of this Agreement.
2. CONFIRMATION OF AWARD
Recipient has requested, and the County has awarded Recipient, an award in an amount not to
exceed $284,000.00 to be disbursed to Recipient in one disbursement. If the Project has more than
one funding source, the Award shall be disbursed to Recipient upon the receipt by Recipient of all
other funding sources.
3. CONDITIONS
The obligations of the County under this Agreement are subject to the satisfaction of the following
condition, which condition may only be waived by the County (in the County’s sole discretion and
in writing), for whose sole benefit such conditions exist:
A) Recipient agrees its Award shall not be used to pay for costs outside of those listed on
Exhibit 1, which is incorporated herein by reference.
4. REPORTING REQUIREMENTS
Recipient shall provide annual reports to the County of the status of the Project and provide
detailed documentation of all expenditures made from the Award as of the date of the submission
of the annual report. The report shall be due one year from the date of the disbursement of funds
from the County to the Recipient or upon completion of the Project whichever is earlier.
The County reserves the right to request additional reports pertaining to the Project. It is the
responsibility of Recipient to furnish the County with reports as requested.
Failure to provide reports, maintain documentation, and/or provide any additional reporting
requested by the County may result in the declaration of an Event of Default as outlined in Section
8 of this Agreement.
5. INDEMNIFICATION
The Parties acknowledge that as a political subdivision of the State of Ohio, the County does
not indemnify any person or entity. The Parties agree that no provision of this Agreement
may be interpreted to obligate the County to indemnify or defend another party.
6. PUBLIC RECORDS; CONFIDENTIALITY
The Parties acknowledge that the County is a political subdivision of the State of Ohio and as such
is subject to the Ohio Revised Code and other laws related to the keeping of and access to public
records, including any and all applicable Sunshine Laws, open meeting requirements, and retention
schedules effecting any and all manner of communication with the County and Recipient and any
and all documents in any format or media.
7. REPRESENTATIONS
Recipient represents and warrants:
A. It has full power and authority to execute, deliver, and perform this Agreement and its
obligations; and
B. The execution, delivery, and performance by Recipient under this Agreement does not, and
will not, violate any provision of law or any court order applicable to Recipient, and does
not, and will not, conflict with or result in a default, under any agreement or instrument to
which Recipient is a party or by which it or any of its property or assets is or may be bound;
and
C. This Agreement has by proper action been duly authorized, executed, and delivered and
constitutes the legal, valid, and binding obligations of Recipient.
8. DEFAULT
If Recipient breaches any of its representations under this Agreement or fails to perform any of
its obligations or is in default under any other condition of this Agreement for a period of thirty
(30) days after date of the County’s written notice thereof to Recipient (“Event of Default”), the
County may, at its sole option, terminate this Agreement and will be under no further obligation
to disburse any Award funds remaining under this Agreement. In addition, the County reserves
the right, upon an Event of Default, to seek recovery of any Award funds previously disbursed.
9. TERM OF AGREEMENT
This Agreement shall become effective as of the Effective Date and shall remain in full force and
effect until the Project is completed, subject to the terms of this Agreement, unless extended by
written agreement of the Parties.
If at the end of the term the Recipient has not spent all of the Award on the Project, the Recipient
shall return the remaining funds to the County.
10. MISCELLANEOUS
A. This Agreement, with its exhibits, contains the Parties’ entire agreement with respect to
the subject matter herein. This Agreement may not be modified except by written
instrument signed by both Parties and referring to the specific provisions to be modified.
B. This Agreement and the rights and obligations of the Parties hereunder shall be construed
in accordance with and shall be governed by the laws of the State of Ohio and applicable
federal law. Recipient and the County agree that state and federal courts in Cuyahoga
County, Ohio will have exclusive jurisdiction over any claim arising out of this Agreement
and Recipient and the County consent to the exclusive jurisdiction of such courts. Recipient
agrees not to challenge this provision and agrees not to attempt to file, or remove, any legal
action related to this Agreement or any alleged breach of this Agreement outside of
Cuyahoga County for any reason.
C. All County contracts, including this Agreement, are subject to all applicable laws adopted
in the Cuyahoga County Code, including, but not limited to, Title IV (Ethics) and Title V
(Contracts and Purchasing). The Cuyahoga County Code and enacted County ordinances
are available at http://code.cuyahogacounty.us.
D. If any part of the Award is used for construction-related labor, Recipient agrees that wages
paid to laborers and mechanics employed on the Project under contracts or subcontracts
shall be paid at not less than the prevailing rates of wages for laborers and mechanics for
the applicable class of work called for by the Project, which wages shall be determined in
accordance with the requirements of Chapter 4115, Ohio Revised Code, or the Davis-
Bacon Act, and shall cause such wages to be paid in accordance therewith, and Recipient
shall require compliance by all contractors and subcontractors of all applicable
requirements of Sections 4115.03 through 4115.16, Ohio Revised Code, or the Davis-
Bacon Act, including, without limitation, (i) obtaining from the Ohio Department of
Industrial Relations, or its federal equivalent, a determination of the prevailing rates of
wages to be paid for all classes of work called for by the Project, (ii) obtaining the
designation of a Prevailing Wage Coordinator for the Project pursuant to Section 4115.071,
Ohio Revised Code, or the Davis-Bacon Act and (iii) ensuring that all contractors and
subcontractors receive notification of changes in prevailing wage rates as required under
Section 4115.05, Ohio Revised Code, or the Davis-Bacon Act
E. Recipient’s employees may not acquire any personal interest that conflicts with Recipient’s
responsibilities under this Agreement. Additionally, Recipient will not knowingly permit
any public official or public employee who has any responsibilities related to this
Agreement to acquire an interest in anything or any entity under Recipient’s control, if
such an interest would conflict with that official’s or employee’s duties. Recipient will
disclose to the County knowledge of any such person who acquires an incompatible or
conflicting personal interest related to this Agreement. Recipient will take all legal steps to
ensure that such a person does not participate in any action affecting the work under this
Agreement, unless the County has determined that, in the light of the personal interest
disclosed, that person's participation in any such action would not be contrary to the public
interest.
F. All notices, requests, demands, or other communications which are required or may be
given pursuant to the terms of this Agreement shall be in writing and shall be deemed to
have been duly given (i) on the date of delivery if delivered by hand or by confirmed
facsimile; (ii) upon the fifth day after such notice is deposited in the United States mail, if
mailed by registered or certified mail, postage prepaid, return receipt requested, or (iii)
upon the date of the courier’s verification of delivery at the specified address if sent by a
nationally recognized overnight express courier.
County’s address for notification is:
Cuyahoga County Office of the Council
2079 East 9th Street
Cleveland, Ohio 44115
Attention: Cynthia Mason, Research and Policy Analyst
With a copy to:
Cuyahoga County Department of Law
2079 East 9th Street
Cleveland, Ohio 44115
Attention: Director of Law
Recipient’s address for notification is:
City of Garfield Heights
5407 Turney Road
Garfield Heights, OH 44125
Attention, Matthew Burke, Mayor
G. Neither Party shall be in default if its failure to perform any obligation hereunder is caused
solely by supervening conditions beyond that Party’s reasonable control, including,
without limitation, acts of God, civil commotion, strikes, labor disputes, or governmental
demands or requirements.
H. The failure of either Party to require performance by the other party of any provision of
this Agreement or any exhibit shall not affect its right to require such performance at any
time thereafter; nor shall the waiver by either party of a breach of any provisions of this
Agreement be taken or deemed to be a waiver of the provision itself.
I. If any provision of this Agreement is invalid or unenforceable, that provision will be
changed and interpreted to accomplish the Parties’ objectives to the greatest extent possible
under applicable law and the remaining provisions of this Agreement will continue in full
force and effect.
J. The section headings appearing in this Agreement are inserted only as a matter of
convenience and in no way define, limit, or describe the scope or extent of such section.
K. Recipient may not assign this Agreement without the prior written consent of the County.
L. Except as expressly provided in this Agreement, no amendment, change, waiver, or
discharge of this Agreement is valid unless in writing and signed by both of the Parties.
M. Each of the Parties will comply with all state and federal laws regarding equal employment
opportunity and fair labor and employment practices, including ORC Section 125.111 and
all related Executive Orders.
N. Each of the Parties shall comply with all applicable state and federal laws regarding
keeping a drug-free workplace.
O. Recipient agrees to make all pertinent books and records and other documents pertaining
to its obligations under this Agreement available to the County and its designated agents
for purpose of audit and examination upon reasonable request during the term of this
Agreement and for a period of two (2) years from the completion date of the Project or
final payment under this Agreement, whichever is later.
P. Recipient agrees to cooperate with the Cuyahoga County Agency of Inspector General or
the Department of Internal Audit if it is determined there should be an investigation or
audit.
Q. This Agreement may be executed in separate original or facsimile counterparts, each of
which shall be deemed an original, and all of which shall be deemed one and the same
instrument.
11. NON-DISCRIMINATION
Recipient agrees to provide the services hereunder without discrimination on account of
gender, race, sex, color, religion, national origin, age, occupation, physical or mental disability or
veteran status, to the extent required by law. The Parties agree that discrimination and affirmative
action clauses contained in Executive Order 11246, as amended by Executive Order 11375,
relative to Equal Employment Opportunity for all persons without regard to race, color, religion,
sex or national origin, and the implementing rules and regulations prescribed by the Secretary of
Labor in Title 41, Part 60 of the Code of Federal Regulations, are incorporated to the extent binding
upon Recipient.
12. ELECTRONIC SIGNATURE POLICY
Recipient, its officers, employees, subcontractors, agents, or assigns, agree that this
transaction may be conducted by electronic means and agree that all documents requiring the
County’s signatures and Recipient’s signatures, including this Agreement, may be executed by
electronic means, and that the electronic signature affixed by either Party to said documents shall
have the same legal effect as if that signature was manually affixed to a paper version of the
document. Recipient also agrees on behalf of the aforementioned entities and persons, to be
bounded by the provisions of Chapter 304 and 1306 of the Ohio Revised Code.
IN WITNESS WHEREOF, this Agreement has been duly signed and delivered by the
undersigned as of the day and year first above written.
City of Garfield Heights, Ohio COUNTY OF CUYAHOGA, OHIO
By: _________________________ By:
Chris Ronayne, County Executive
Its: __________________________
The legal form and correctness
of this Contract is hereby approved:
Law Department
County of Cuyahoga, Ohio
Richard D. Manoloff, Director of Law
By: _____________________
Assistant Director of Law
Electronic Signature:
EXHIBIT 1
(Recipient’s application submitted to the County requesting ARPA funding for the Project)
ORDINANCE NO.: 38-2024
SPONSORED BY: MAYOR MATTHEW A. BURKE
AN ORDINANCE AUTHORIZING THE PRESIDING JUDGE OF THE
GARFIELD HEIGHTS MUNICIPAL COURT TO ACCEPT THE 2024
TECHNOLOGY GRANT MADE AVAILABLE BY THE SUPREME
COURT OF OHIO, AND DECLARING AN EMERGENCY
WHEREAS, the Supreme Court of Ohio announced the availability of grant funds to support local
court technology projects; and
WHEREAS, this grant is a special one-time funding opportunity focused on the upgrade to the
Municipal Court Information System, which will include a Victims Advocate Module; and
WHEREAS, the Supreme Court has offered a grant to the Garfield Heights Municipal Court totaling
$57,370.00.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GARFIELD
HEIGHTS, OHIO, THAT:
SECTION 1. The Presiding Judge of the Garfield Heights Municipal Court is hereby authorized
to accept the grant totaling $57,370.00 from the Supreme Court of Ohio for the purpose of upgrading the
Municipal Court Information System, including a Victims Advocate Module, used in the Garfield Heights
Municipal Court.
SECTION 2. The Finance Director is hereby authorized and directed to issue her vouchers of
the City for the purposes stated in Section 1. hereof, said vouchers to be charged to the appropriate fund.
SECTION 3. Council declares this Ordinance to be an emergency measure necessary for the
preservation of the public health, safety and welfare; therefore, this Ordinance shall be in full force and
effect immediately upon the adoption by Council and approval by the Mayor; otherwise from and after the
earliest period allowed by law.
PASSED: __________________________________
APPROVED: _________________________________ ____________________________________
MAYOR PRESIDENT OF COUNCIL
ATTEST: __________________________________ EFFECTIVE DATE: ____________
CLERK OF COUNCIL
ORDINANCE NO.: 41-2024
SPONSORED BY: MAYOR MATTHEW A. BURKE
AN ORDINANCE AUTHORIZING THE MAYOR OR HIS DESIGNEE
TO APPLY FOR AND ACCEPT THE 2024 STATE VIOLENT CRIME
GRANT FOR LICENSE PLATE READERS, MADE AVAILABLE BY
THE OHIO OFFICE OF CRIMINAL JUSTICE SERVICES, AND
DECLARING AN EMERGENCY
WHEREAS, in Resolution 27-2023, this Council authorized the Mayor, or his designee to apply for
the Violent Crime Reduction Grant Program for 2024, administered by the Ohio Office of Criminal Justice
Services (OCJS); and
WHEREAS, as a result of the application, the City of Garfield Heights was awarded a grant in the
amount of $403,295.00; and
WHEREAS, as part of the Violent Crime Reduction Grant Program, the City is now able to obtain
an additional 2024 State Violent Crime Grant for license plate readers in the amount of $60,500.00; and
WHEREAS, accordingly, the City wishes to apply for and, if approved, authorize acceptance of said
2024 State Violent Crime Grant.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GARFIELD
HEIGHTS, OHIO, THAT:
SECTION 1. The Mayor, or his designee, is hereby authorized to apply for, and accept, the 2024
State Violent Crime Grant for license plate readers totaling in the amount of $60,500.00 from the Ohio
Office of Criminal Justice Services.
SECTION 2. The Finance Director is hereby authorized and directed to issue her vouchers of
the City for the purposes stated in Section 1 hereof, said vouchers to be charged to the appropriate fund.
SECTION 3. Council declares this Ordinance to be an emergency measure necessary for the
preservation of the public health, safety and welfare; therefore, this Ordinance shall be in full force and
effect immediately upon the adoption by Council and approval by the Mayor; otherwise from and after the
earliest period allowed by law.
PASSED: __________________________________
APPROVED: _________________________________ ____________________________________
MAYOR PRESIDENT OF COUNCIL
ATTEST: __________________________________ EFFECTIVE DATE: ____________
CLERK OF COUNCIL
ORDINANCE NO: 42-2024
SPONSORED BY: MAYOR MATTHEW A. BURKE
CO-SPONSORED BY: ALL OF COUNCIL
AN ORDINANCE AUTHORIZING THE MAYOR, OR HIS
DESIGNEE, TO APPLY AND ACCEPT GRANT FUNDING FROM
THE OHIO DEPARTMENT OF PUBLIC SAFETY’S OHIO
TRAFFIC SAFETY OFFICE UNDER THE IMPAIRED DRIVING
ENFORCEMENT PROGRAM (IDEP) AND THE SELECTIVE
TRAFFIC ENFORCEMENT PROGRAM (STEP), AND
DECLARING AN EMERGENCY
WHEREAS, the U.S. Department of Transportation provides federal funds administered
through the Ohio Department of Public Safety (ODPS), Ohio State Highway Patrol (OSHP) / Ohio
Traffic Safety Office (OTSO) to eligible entities to be used in part for, but not limited to, traffic safety
education, enforcement and awareness; and
WHEREAS, the City of Garfield Heights would like to apply for funding from ODPS under the
Impaired Driving Enforcement Program (IDEP) and the Selective Traffic Enforcement Program
(STEP); and
WHEREAS, IDEP and STEP provide funding to pay for officers to work additional shifts on
specific days throughout the year (Super Bowl, Thanksgiving, Christmas, New Years, July 4 th, etc.)
where there is traditionally an increase in alcohol-related driving offenses.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
GARFIELD HEIGHTS, OHIO, THAT:
SECTION 1. The Mayor is hereby authorized to apply for, and accept, the above-mentioned
grant funding as deemed appropriate for the City of Garfield Heights.
SECTION 2. The Finance Director is hereby authorized and directed to issue her vouchers
of the City for the purposes stated in Section 1 hereof, said vouchers to be charged to the appropriate
fund.
SECTION 3. This Resolution is hereby declared to be an emergency measure necessary for
the peace, health, safety, and welfare of the citizens of the City of Garfield Heights, Ohio, and for the
daily operation of the Municipal Department and shall be in full force and after passage and approval
by the Mayor, otherwise from and after the earliest period allowed by law.
PASSED:________________________________
APPROVED:_____________________________ _____________________________
MAYOR PRESIDENT OF COUNCIL
ATTEST:________________________________ EFFECTIVE DATE:____________
CLERK OF COUNCIL
RESOLUTION NO.: 14-2024
SPONSORED BY: COUNCILWOMAN DR. TENISHA MACK
CO-SPONSORED BY: COUNCILWOMAN STACEY COLLIER, COUNCILMAN MARK
SMITH, COUNCILMAN AVERY JOHNSON, COUNCILWOMAN
RACHELLE TONSING, COUNCILWOMAN JENNIFER NEWRONES
A RESOLUTION RECOGNIZING THE MONTH OF JUNE AS
LGBTQIA+ PRIDE MONTH IN THE CITY OF GARFIELD HEIGHTS
WHEREAS, the City of Garfield Heights recognizes the importance of equality and acceptance for
all its residents and strives to be a community where all individuals are respected and celebrated; and
WHEREAS, the month of June is nationally recognized as LGBTQIA+ Pride Month,
commemorating the Stonewall Riots of June 1969, which initiated the gay rights movement; and
WHEREAS, LGBTQIA+ Pride Month provides an opportunity to acknowledge the achievements,
contributions, and struggles of LGBTQIA+ individuals and communities throughout history and to reaffirm
our commitment to equality and inclusion for all; and
WHEREAS, the City of Garfield Heights is committed to promoting a safe, inclusive, and
welcoming environment for residents and visitors regardless of their sexual orientation or gender identity;
and
WHEREAS, celebrating Pride Month helps increase awareness, reduce discrimination, and promote
a culture of respect and acceptance. It serves as a reminder of the ongoing efforts needed to achieve full
equality and to combat discrimination and prejudice against the LGBTQIA+ community; and
WHEREAS, the City of Garfield Heights acknowledges the important work of LGBTQIA+
organizations and advocates who tirelessly work to advance the rights and well-being of LGBTQIA+
individuals.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Garfield Heights, Ohio,
that:
SECTION 1. Garfield Heights City Council and the Mayor hereby officially recognize the
month of June as LGBTQIA+ Pride Month in the City of Garfield Heights.
SECTION 2. This Resolution shall be in full force and effect from and after the earliest period
allowed by law.
PASSED: ________________________________
APPROVED: ________________________________ ________________________________
MAYOR PRESIDENT OF COUNCIL
ATTEST: ________________________________ EFFECTIVE DATE: __________
CLERK OF COUNCIL
RESOLUTION NO: 15-2024
SPONSORED BY: MAYOR MATTHEW A. BURKE
CO-SPONSORED BY: ALL OF COUNCIL
A RESOLUTION AUTHORIZING THE MAYOR, OR HIS
DESIGNEE, TO ENTER INTO A RIGHT OF ENTRY
AGREEMENT WITH THE NORTHEAST OHIO REGIONAL
SEWER DISTRICT, AND DECLARING AN EMERGENCY
WHEREAS, the City of Garfield Heights owns the real property located on E. 88th Street,
Garfield Heights, Ohio, and known as Cuyahoga County Permanent Parcel Number 541-24-023
(“Property”); and
WHEREAS, the Northeast Ohio Regional Sewer District, including its employees,
consultants, and contractor, desires to enter the Property for the purposes of a sewer maintenance
and rehabilitation project, and the City desires to permit temporary entry upon the Property.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Garfield Heights,
Ohio, that:
SECTION 1. The Mayor is hereby authorized to enter into and execute the Right of Entry
Agreement, attached hereto as Exhibit A.
SECTION 2. This Resolution is hereby declared to be an emergency measure necessary
for the peace, health, safety, and welfare of the citizens of the City of Garfield Heights, Ohio, and
for the daily operation of the Municipal Department and shall be in full force and after passage
and approval by the Mayor, otherwise from and after the earliest period allowed by law.
PASSED:________________________________
APPROVED:_____________________________ _____________________________
MAYOR PRESIDENT OF COUNCIL
ATTEST:________________________________ EFFECTIVE DATE:____________
CLERK OF COUNCIL
RIGHT OF ENTRY AGREEMENT
This Right of Entry Agreement is made this _____ day of __________________, 20___,
between the Northeast Ohio Regional Sewer District (“District”), a regional sewer district
organized and existing as a political subdivision of the State of Ohio under Chapter 6119 of the
Ohio Revised Code, acting pursuant to its Bylaws Article XIV.H.2 authority, and the City of
Garfield Heights, an Ohio municipal corporation (“Owner”) (collectively the “Parties”).
WHEREAS, the Owner owns the real property located on E. 88th Street, Garfield Heights, Ohio,
and known as Cuyahoga County Permanent Parcel Number 541-24-023 (“Property”); and
WHEREAS, District, including its employees, consultants, and contractor, desires to enter the
Property for the purposes of a sewer maintenance and rehabilitation project, and Owner desires
to permit entry upon the Property.
NOW, THEREFORE, in consideration of the terms and conditions herein stated, District and
Owner agree as follows:
1. Owner hereby grants District, its employees, consultants, and contractor, the right of
entry and the right to use the Property for the construction of the District’s maintenance
and rehabilitation project (“Project”).
2. The Property will be used for construction, construction staging, material storage, and
access to the Project work site.
3. This Agreement is temporary. It shall commence upon the date listed above (the
“Commencement Date”) and shall expire and automatically terminate on December 31,
2024. Upon the expiration of the term of this Agreement, the District shall take any and
all reasonable action requested by Owner to evidence the termination of this Agreement.
4. The District shall promptly restore the Property to its condition, as nearly as possible,
prior to any disturbance to the Property by the District, its employees, agents, designees
and/or contractors during the exercise of its rights herein.
5. The Project and access to the Property by the District, its employees, agents, designees
and/or contractors shall not interfere with Owner’s use and occupancy of the Property
and, if requested by the Owner, the District shall schedule its Project to minimize any
interference with the Owner’s use and occupancy of the Property.
6. The District is responsible for all costs associated with the Project. The Owner
acknowledges that no compensation is due Owner for authorizing access onto Owner’s
property or as a result of the Project.
7. This Agreement shall be construed and enforced in accordance with the laws of the State
of Ohio without regard to its choice of law provisions.
1
8. This Agreement may be executed by email and/or in one or more counterparts, each of
which when so executed and delivered shall be deemed an original, and all of which
together shall constitute one and the same instrument.
9. The Owner shall have the right to assign its rights and obligations pursuant to this
Agreement to any purchaser of the Property. The District shall cooperate with the Owner
to execute on a timely basis any and all documents required by the Owner in connection
with such assignment.
10. Each party to this Agreement agrees that it will be responsible for its own acts and
omissions and the results thereof; and, shall not be responsible for the acts and omissions
of the other party and the results thereof. Each party agrees that it will assume all risk and
liability to itself, its agents, or its employees for any injury to persons or property
resulting in any manner from conduct of its own operations and the operations of its
agents or employees under this Agreement.
11. This Right of Entry Agreement becomes effective upon owner signing document.
IN WITNESS WHEREOF, the Parties hereunto have caused this Agreement to be executed on
the day and year first above written.
NORTHEAST OHIO REGIONAL SEWER DISTRICT
By: ___________________________________
Kyle Dreyfuss-Wells, Chief Executive Officer
CITY OF GARFIELD HEIGHTS
By: ______________________________________
Print: ____________________________________
Title: ____________________________________
The legal form and correctness of the within instrument is hereby approved.
Eric Luckage
Chief Legal Officer
By: ____________________
Julie A. Blair
Assistant General Counsel
Date: __________________
2
RESOLUTION NO.: 16-2024
SPONSORED BY: COUNCILWOMAN JENNIFER NEWRONES
CO-SPONSORED BY: ALL OF COUNCIL
A RESOLUTION ON BEHALF OF THE CITY OF GARFIELD
HEIGHTS HONORING INIYA CHARLTON FOR HER ACADEMIC
AND CO-CURRICULAR ACCOMPLISHMENTS
WHEREAS, Iniya Charlton is a Garfield Heights resident who recently completed her junior year
at Trinity High School, having previously attended and graduated from St. Benedict Catholic School; and
WHEREAS, in addition to maintaining a 3.9 grade point average, Iniya is a member of Trinity’s
Track and Field team; and
WHEREAS, Iniya has participated in track and field since third grade, and developed her love for
the sport due to the fact her parents are track coaches at St. Benedict School; and
WHEREAS, during her freshmen year at Trinity, Iniya qualified for regionals in the 100M dash,
4x100M and 4x200M relays, and the long jump; and
WHEREAS, during her sophomore year, Iniya placed seventh in the state in 100M dash, 200M dash,
and 4x100M relay; and
WHEREAS, this year, Iniya became the state champion in the 100M dash, while also finishing as a
runner up in the 200M dash and the 4x100M relay; and
WHEREAS, Iniya deserves recognition for accomplishing academic and co-curricular
achievements that could only have been obtained through years of hard work and dedication, and
WHEREAS, the City would like to acknowledge Iniya, her family members, and school faculty for
the roles they have played in helping Iniya succeed.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Garfield Heights, Ohio
that:
SECTION 1. The Mayor and Council, on behalf of the residents of the City of Garfield Heights,
hereby honor Iniya Charlton for her outstanding achievements.
SECTION 2. The Clerk of Council be and is hereby authorized and directed to transmit a copy
of this Resolution to Iniya Charlton and to the local news media.
SECTION 3. This Resolution shall take effect and be in full force from and after the earliest
period allowed by law.
PASSED:__________________________
APPROVED:_______________________ _____________________________
MAYOR PRESIDENT OF COUNCIL
ATTEST:__________________________ EFFECTIVE DATE:___________
CLERK OF COUNCIL
RESOLUTION NO.: 17-2024
SPONSORED BY: MAYOR MATTHEW A. BURKE
CO-SPONSORED BY: ALL OF COUNCIL
A RESOLUTION BY THE MAYOR AND COUNCIL ON BEHALF OF
THE RESIDENTS OF THE CITY OF GARFIELD HEIGHTS
HONORING AND COMMENDING GARFIELD HEIGHTS
FIREFIGHTERS: LT. JAMES TOTH, DAVID POHLCHUCK, STEVE
KORDAS, LT. MARK CREQUE, DANIEL HOUGH, DEVIN MILAM,
JOSHUA RUSS, KEVIN STRAKA, AND COLIN WILSON, AND
RESPONDING POLICE OFFICERS AND DISPATCHERS, WHO
BRAVELY GAVE SELFLESS RESPONSE TO CITIZENS IN NEED
WHEREAS, the Mayor and Council on behalf of the residents of the City of Garfield Heights wish
to honor Garfield Heights firefighters Lt. James Toth, David Pohlchuck, Steve Kordas, Lt. Mark Creque,
Daniel Hough, Devin Milam, Joshua Russ, Kevin Straka, and Colin Wilson, and responding police officers
and dispatchers, for bravely helping rescue Garfield Heights residents from a burning home on May 31,
2024; and
WHEREAS, these Garfield Heights firefighters and police officers put their own wellbeing at risk
by rescuing others, representing a symbol of strength, compassion and an inspiration to others.
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Garfield Heights, Ohio
that:
SECTION 1. The Mayor and Council on behalf of the residents of the City of Garfield Heights
join to pay tribute to Lt. James Toth, David Pohlchuck, Steve Kordas, Lt. Mark Creque, Daniel Hough,
Devin Milam, Joshua Russ, Kevin Straka, and Colin Wilson, as well as to the responding police officers
and dispatchers, and congratulate them on their selflessness and bravery.
SECTION 2. The Clerk of Council is hereby authorized and directed to transmit a copy of this
resolution to the local news media.
SECTION 3. This Resolution shall be in full force and effect from and after the earliest period
allowed by law.
PASSED: ________________________________
APPROVED: ________________________________ ________________________________
MAYOR PRESIDENT OF COUNCIL
ATTEST: ________________________________ EFFECTIVE DATE: __________
CLERK OF COUNCIL
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