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City Council

Regular Meeting

Middleburg Heights, OH · January 21, 2021

Agenda

Agenda

City of Middleburg Heights,Ohio Council Agenda January 26,2021 7:00 P.M.REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes ofthe Regular Meeting ofJanuary 12,2021 COMMUNICATIONS AUDIENCE PARTICIPATION APPOINTMENTS AND CONFIRMATIONS ORDINANCES,RESOLUTIONS AND MOTIONS 1. City Parks, Recreation & Services Committee- Mr. Ali, Chairman 2. Finance, Taxation & Assessments Committee- Mr. Bortolotto, Chairman 3. Legislation & Rules Committee - Mr. Ference, Chairman 4. Public Health, Safety & ReliefCommittee- Mr. McGregor, Chairman 5. Public Improvements Committee- Mr. Sage, Chairman 6. Streets, Utilities & Railroad Committee- Mr. Meany,Chairman 7. Zoning & Building Code Committee - Mr. Grech, Chairman MAYOR’S REPORT 1. Law Director 2. Finance Director 3. Recreation Director 4. Economic Development Director 5. Service Director 6. Executive Assistant ADJOURNMENT City of Middleburg Heights, Ohio Council Agenda January 26,2021 Page 2 2020 PENDING LEGISLATION 32 Grech An Ordinance amending Section 1133.14 of the Middleburg 1st. Rdg. 3-24-20 Heights Zoning Code. Refer to Planning ® ^ 3-24-20 2nd. Rdg. 6-9-20 Pub. Hrg. 9-8-20 100 Mayor Castelli An Ordinance amending Chapter 1140 Mixed Use(MU)Districts 1st. Rdg. 12-22-20 ofthe Zoning Code ofthe City of Middleburg Heights. Refer to Planning 12-22-20 2nd. Rdg. 1-12-21 2021 PENDING LEGISLATION UN-NUMBERED LEGISLATION Mayor Castelli An Ordinance authorizing the mayor to enter into a Memorandum of Understanding with the Cuyahoga Soil and Water Conservation District (SWCD) to carry out mandated responsibilities related to 'the NPDES Storm Water Permit and declaring ah emergency. Mayor Castelli An Ordinance authorizing the mayor to enter into a Memorandum of Understanding with the Cuyahoga Soil and Water Conservation District (SWCD) and the Northeast Chio Regional Sewer District (NBORSD) for the implementation of the Public Involvement and Public Education (PIPE) Program and declaring an emergency. City of Middleburg Heights, Ohio Council Agenda January 26, 2021 Page 3 ZONING & BUILDING CODE COMMITTEE - Mr. Grech. Chairman 9-24-19 Discussion regarding ordinance regulating fences FINANCE,TAXATION & ASSESSMENTS COMMITTEE - Mr. Bortolotto. Chairman CITY PARKS,RECREATION & SERVICES COMMITTEE - Mr. Ali. Chairman 2-13-18 Dog Park 11-13-18 Ordinance No. 2018-92, Dedicated space for seniors in community center 2-26-19 Proposed Charter Amendments- mayor term limits/firing of directors LEGISLATION & RULES COMMITTEE - Mr. Ference, Chairman 2-26-13 Vote Abstention Rule 9-10-19 Term Limits PUBLIC HEALTH. SAFETY & RELIEF COMMITTEE — Mr. McGregor, Chairman 9-22-20 Hotel/Motel Security Legislation PUBLIC IMPROVEMENTS COMMITTEE - Mr. Dan Sage. Chairman 6-26-12 Police Department Expansion Project or new facility STREETS, UTILITIES &. RAILROAD COMMITTEE — Mr. Meanv. Chairman 1-22-19 Letter from Diane Bickett, Executive Director, dated .lanuary 7, 2019 regarding ratification of the Cuyahoga County Solid Waste Management Plan update AD-HOC COMMITTEE 12-22-09 Preservation of the Little Red School House Regular Council Meeting January 26, 2021 Tue, Jan 26, 2021 7:00 PM - 8:00 PM (EST) Please join my meeting from your computer,tablet or smartphone. https://global.Rotomeeting.com/ioin/977628Q93 You can also dial in using your phone. United States: +1 (312) 757-3121 Access Code: 977-628-093 Join from a video-conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com Meeting ID: 977 628 093 Or dial directly: 977628093@67.217.95.2 or 67.217.95.2##977628093 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/977628Q93 delivered JAN? 1 m CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2021- Introduced By: Mayor Matthew Castelli AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CUYAHOGA SOIL AND WATER CONSERVATION DISTRICT(SWCD)TO CARRY OUT MANDATED RESPONSIBILITIES RELATED TO THE NPDES STORM WATER PERMIT AND DECLARING AN EMERGENCY WHEREAS, by Ordinance 2020-16 the City of Middleburg Heights entered into a Memorandum of Understanding with the Cuyahoga Soil and Water Conservation District (SWCD) for providing technical assistance in implementing soil and water conservation measures; and WHEREAS, the SWCD will continue the implementation of a conservation program that promotes best practices for pollution prevention and corresponds with the City’s Municipal Separate Storm Sewer System permit. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor is hereby authorized to enter into a Memorandum of Understanding with the Cuyahoga Soil and Water Conservation District for services related to storm water pollution prevention and stormwater quality management at a cost not to exceed $23,000, a copy of which is attached hereto and marked “Exhibit A”. Section 2; That there is hereby appropriated from the Service Department Miscellaneous Contracts Fund up to $23,000 to implement this Ordinance. Section 3: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Section 4; That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety and welfare of said City. Wherefore, provided this Ordinance receives the affirmative vote of at least two-thirds (2/3) of the members of Council it shall take effect and be in force immediately upon its passage and approval by the Mayor. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Grech MEMORANDUM OF UNDERSTANDING Between the Cuyahoga Soil and Water Conservation District and the City of Middleburg Heights This Memorandimi of Undersiandiiig (''MOU”) is made diis day of 20 (‘’Pdreci ive Date”), between the Cuyahoga Soil and Water Conservation District (SWCD) and City of Middleburg Heights {■‘City’ ), for assistance with technical assistance in implementing soil and water conservation measures. I’urpase - Implementation of a conservation program that promotes best practices for pol lution prevention and corresponds with the City's Municipal Separate Storm Sewer Sy.stcm permit. Recognizing the need for effective collaboration in protecting .soil and water resources and in carrying out its mandated responsibilities, especially related to the National Pollutant Discharge Hlimination Sy.stctn (NPDES) Storm Water Permit, the City and the Cuyahoga SWCD accept this agreement as the document which describes ihe process for exchange. Cooperation belween these two units of government facilitates solutions to problems encountered by the City as it plans for the development/redevelopment and conservation of its environment and water quality improvements. The Ohio Revised Code, Chapter 940, describes the Cuyahoga SWCD’s authority for engaging in this Mutual Agreement. NOW, THF.REFORF,. the parties' underslanding is as fol lows: Project Tasks The Cuyahoga SWCD and the City have mutually agreed to the scope of technical assistance related to pollution prevention on di.sturbed sites, including construction sites disturbing one or more acres of total land, including the entire area disturbed in the larger common plan of development or sale (> 1 acre) as required under the NPDES rules. Construction activities disturbing less than one acre and not part of a larger common plan of development or sale of total land (< I acre), and not covered under the NPDES rules, will be reviewed by the Cuyahoga SWCD as requested by the City. The Cuyahoga SWCD will: (i) perform storm water pollution prevention plan (SWP3) reviews for proposed development, redevelopment and infrastnicturc renovation projects; (ii) perform abbreviated construction plan reviews, as requested by the City; (iii) perfonn fi eld reviews of active construction projects; (iv) perform long-term maintenance fi eld reviews of post-construction water quality facilities; and (vii) provide written technical advisor)- reports detailing plan review recommendations, site conditions, and recommendations for compliance and/or maintenance activities needed. NPDES, Minimum Control Measure 4 - Stormwater Pollution Prevention/Erosion & Sediment Control 1 . The Cuyahoga SWCD will provide technical assistance, related to storm water pollution prevention and stormwater quality management, as requested, including: Preliminary site planning meetings nr conferetice calls a. Review of development, redevelopment, and infrastructure renovation plans for compliance with NPDES rules (Ohio Revi.sed Code ,i74,s ,T)-()4 (B) ( I ) tlirough (6)) and the current edition of Ohio’s Rainwater and Land Development standard guidance manual b. Provide rapid fi eld assessment of soils and soil quality; and c. Provide an annual report of all activities imdcnakcn (including copies of any other data collected). The annual conservation program will include technical assistance related to NPDES covered constniction activities of an estimated of: a. 9-12 active constmetion sites (> 1 acre) 1 Toly^gii b. Initial SWP3 reviews, as received (> 1 acre) c. Subsequenl SWP3 review, as needed {> 1 acre) d. Technical advisory inspections (field reviews) and reporting (12 per year per site) once construction begins c. Plan reviews for abbreviated construction plans will be peifortiicd by ret|ucst of the City. 3. Construction site activities $16,500.00 NPDES, Minimum Control Mea.sure 5- Post Construction Stormwater Management As required under the MS4 Permit, the Cuyahoga SWCD will also provide annual inspections of all post constniction stormwater control measures(water quality and water quantity basins): a. Transition meetings will be held with ,SWCD staff, city personnel and site personnel to review long term operations and maintenance needs, and reporting requirements b. 30-35 water quality atid 20-25 water quantity stormwater control measures, annual long-term maintenatice field reviews, including rapid field assessment, of post- eonstruciion water quality facilities c. Technical advisory inspection and reporting to the City and landowners with SCMs on their properties d. Project file managetnent e. Mapping of facility locations f. Maintenance program fact sheets, individual site assessments and training, when needed Post-Construction Program-$6,500 The Cuyahoga SWCD will also provide technical advice on planning issues, including: a. Technical assistance on local legislation if the City pursues universal application of accepted best management practices at construction sites b. Sound storm water management c. Protection of sensitive nalnral areas d. General evaluation of sensitive areas such as creeks, floodplains, soils, slopes, wetlands, watersheds, woodlands, or other unique areas that are planned for development e. Recommendations for stream bank and wetlands restoration, slope erosion control; and f. Small drainage systems and wdldlife habitat enhancements. City’s Role Related to Storm Water Pollution Prevention Activities 1 . The City will designate someone to serve as the City’s liaison for the storm water pollution prevention program. 2. The City w'ill recognize the environmental and economic functions ol’ naturally vegetated open spaces, such as wetlands, stream corridors, ravines, woodlands, and fields as worthy of the City’s protection as open space. .3. 'fhe City will utilize the Cuyahoga SWCD’s technical assistance including plan reviews, project inventories, evaluations, and inspections of planned construction sites, water quality and water quantity basins or sensitive natural areas of eoneern. 4. 'fhe City wil l direct builders, developers, and consultants to the Cuyahoga .SWCD for assi.siance on planning and conservation early in the eotieepl planning stage of the construction planning cycle. 2 I Ctiy;diog;i SWCD MOU 2021 •N..* 5. The City will adopt, apply, and enforce Cuyahoga .SWCD recommendations by not autliorizing commencement and/or issuing work stoppage and other remedies. 6. The City will provide the Cuyahoga SWCD with field surveys, proposed layouts, designs or meeting notices needed for adequate technical assi.stancc in a timely manner. 7. The City recognizes that the Cuyahoga SWCD has no regulatory authority to enforce NPDES rules. Agreed Procedures The Cit}' agrees to grant an annual conservation appropriation to the SWCD for Storm Water Pollution Prevention programs implementation, not to exceed $23,000 per twelve-month period following the Effective Date and the Cuyahoga SWCD agrees to use the grant funds to provide a comprehensive conservation program for the City. The City' and the SWCD will determine the most effective manner to appropriate the funds. The City will provide a resolution lo the SWCD that acknowledges this working agreement and provides documentation to facilitate dispersal of funds to the SWCD on an annual basis. Thai the Cuyahoga SWCD is not granted regulatory authority in the Ohio Revised Code. That the Cuyahoga SWCD and the City will meet at least once a year to coordinate a work plan and exchange information. The Cuyahoga SWCD will provide the City with a written annual surnmaiy', relevant to its role, as outlined in this MOl.t. The NPDES rules, current edition of Ohio's Rainwater and T.and Developmenl standard guidance manual, and standards of the USDA, Natural Resources Conservation Seiwice will be used in planning and application of conservation measures. That both patties will review' quality of assistance and address concerns as they arise. There shall be no discrimination exerci.sed against any person because of race, color, religion, national origin, sex, gender, ancestry, age. disability, sexual orientation, sexual identify, genetic information, political alTiliaiion. or military statu.s when fulfilling the purpose of this engagement. The City recognizes tire Cuyahoga SWCD’s obligation to make its reports and other written materials available to the public on request in accordance with the Ohio Public Records Act. Term, Renewal, Termination The term of this MOU shall commence on the date (the "initial Effective Date").SWCD receives written notice from the City, in ;i form approved by SWCD and in accordance with Sections .iVO.'i.dl and .‘570.5.44 of the Ohio Revised Code, as applicable, indicating that the City has agreed to provide funds, in an amount agreed to by the parlies, lo support SWCD's general operations for the following 12-month period (the “Initial City Notice"). The parties acknowdedge. understand, and agree tiiat any such funding shall be for the purposes of the District's general operations for a period of /2 calendar months following the Initial Effective Date (the "rnitiai MOU Term") and lliai tliis MOU shall terminaie on ilie 12-montli anniversary of the Inilial Effective Date in ilie event the City does not renew-- tliis MOLf as .set forth herein. { Ciiyaiiog;i SWCD MOu"2oTl This MOU may be renewed by Cily for any 12-moruh period Ibllowing ihe Itiitial MOU Term (a "Subsequeni MOU Term”) provided duu die SWCD receives wriiieii nodce, as described above (a "Subsequeni Cily Notice”), not less than 30 days prior to expiration of the Initial MOU 'I'crm (the date the District receives a Subsequent City Notice, a "Subsequent Effective Date”), and shall continue to renew for any 12-month period provided that the SWCD receives a Subsequent Cily Notice not less than 30 days prior to expiration of any Subsequent MOU Term then in effect. This MOU may be amended or terminated at any lime by mutual consent of both parties or the agreement may be terminated by either party giving thirty (30) day’s advance written notice to the other. In witne.ss thereof, the Memorandum executed and agreed to on the latest day, month and year wi'illen below; Cuyahoga Soil & Water City of Middlcburg Heights Conservation District By: Sherri Lippus By: Hon. Matthew Castelli Chair Mayor Date: Date: 4 1 Cuy;iliona .SWCD MOU 2021 - delivered JAN ? 1 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2021- Introduced By: Mayor Matthew Casteili AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CUYAHOGA SOIL AND WATER CONSERVATION DISTRICT(SWCD) AND THE NORTHEAST OHIO REGIONAL SEWER DISTRICT(NEORSD) FOR THE IMPLEMENTATION OF THE PUBLIC INVOLVEMENT AND PUBLIC EDUCATION (PIPE) PROGRAM AND DECLARING AN EMERGENCY WHEREAS, by Ordinance 2019-121 the City of Middleburg Heights entered into a Memorandum of Understanding with the Cuyahoga Soil and Water Conservation District (SWCD) and the Northeast Ohio Regional Sewer District (NEORSD) for providing technical assistance in implementing soil and water conservation measures; and WHEREAS, the SWCD and the NEORSD will continue the implementation of conservation education, stewardship, and public involvement activities that also correspond to the City’s Municipal Separate Storm Sewer System (MS4) permit. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1 : That the Mayor is hereby authorized to enter into a Memorandum of Understanding with the Cuyahoga SWCD and the NEORSD for services related to the mandated Public Involvement and Public Education (PIPE) program under the Ohio EPA Municipal Separate Storm Sewer Discharge (MS4) permit at a cost not to exceed $6,000, a copy of which is attached hereto and marked “Exhibit A”. Section 2; That there is hereby appropriated from the Service Department Miscellaneous Contracts Fund up to $6,000 to implement this Ordinance. Section 3: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Section 4; That this Ordinance is hereby declared to be an emergency measure innmediately necessary for the preservation of the public peace, health, safety and welfare of said City. Wherefore, provided this Ordinance receives the affirmative vote of at least two-thirds (2/3) of the members of Council it shall take effect and be in force immediately upon its passage and approval by the Mayor. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Grech MEMORANDUM OF UNDERSTANDING for 2021-2025 Between the Cuyahoga Soil and Water Conservation District and the Northeast Ohio Regional Sewer District and the City of Middleburg Heights This Memorandum of Understanding ("MOU") is made this day of ("Effective Date"), between the Cuyahoga Soil and Water Conservation District(SWCD)and the Northeast Ohio Regional Sewer District(NEORSD), pursuant to the authority of Board Resolution 299-20, adopted November 5, 2020 and Middleburg Heights for providing technical assistance in implementing soil and water conservation measures. Purpose — Implementation of conservation education, stewardship, and public involvement activities that also corresponds to the City's Municipal Separate Storm Sewer System (MS4) permit. Recognizing the need for effective collaboration in raising awareness through education, stewardship opportunities and public involvement and working to change the perceptions and behaviors of the public for a cleaner, healthier environment, such as what is required in the National Pollutant Discharge Elimination System (NPDES) permit, the City, the Cuyahoga Soil and Water Conservation District(SWCD), and NEORSD accept this agreement as the document which describes the process for exchange. Cooperation between these units of government facilitates better awareness ofenvironmental issues and potential solutions for a healthier environment. In providing conservation education assistance and expertise to the City, the SWCD hopes to influence citizens to better protect and conserve soil and water resources. The Ohio Revised Code, Chapter 940, describes the District's authority for engaging in this MOU. Additionally, NEORSD is required to provide Phase II stormwater regulation support_ services to member communities for Minimum Control Measure Nos. 1,2, 3, and 6 under NEORSD’s Regional Stormwater Management Code (Title V), and is further authorized to provide such services through agreements with service providers such as the SWCD. The SWCD, NEORSD,and the City have mutually agreed to this scope of assistance related to education, stewardship, and public involvement for the conservation of soil and water resources. Cuyahoga SWCD Conservation Program The SWCD will work with the City to provide a conservation program that includes public education and public involvement, such as that listed in the City's Storm Water Management Plan, local watershed action plan, and/or balanced growth plans, or others as mutually agreed upon. The goal ofthe education, stewardship and public involvement program is to reach diverse stakeholders, including City residents. City staff, school children, etc. through the following services: I . SWCD staff will coordinate activities and facilitate program implementation with feedback from the City's designee and/or through an annual stakeholder meeting. 2. SWCD staff will attend City council meetings, as requested. 1 I Cuyahoga SWCD PIPE Services MOU 2021 3. SWCD will assist the City in planning and promotion of a local pollution prevention or clean water event and assist in identifying partnerships with various community stakeholders. Events may include stream clean ups, drain stenciling, water festivals or other activities to engage the public. 4. SWCD will create a variety ofeducational materials, including brochures, fact sheets, newsletters, newsletter articles, web-based information for the City's use, special mailings, educational posters and school programs, such as age-specific student programs and teacher workshops related to conservation concerns, including watershed issues, soils and water. 5. SWCD will provide opportunities for student involvement in local, state and national programs and competitions. 6. On the City's behalf, the SWCD will participate in theNortheast Ohio Public Involvement and Public Education Work group(NEO PIPE). Products produced by theNEO PIPE Work Group will be shared with the City. 7. The SWCD will seek opportunities to maximize impact and minimize additional program costs related to printing large quantities of selected materials that become available to the public. The SWCD will provide an annual report of all activities undertaken, including copies of all Piers, notices, and types of stakeholders reached, attendance records and any data collected. City of Middleburg Heights Role 1. The City will designate someone to serve as the liaison to the Cuyahoga SWCD and to help provide guidance regarding conservation education and public involvement and with coordination of activities such as improvement days, storm drain stenciling, and watershed planning activities. 2. The City will help to identify potential leaders, including civic leaders, civic groups, senior organizations, fraternal groups, scout leaders, school liaisons, business leaders and anyone else that should be contacted through an outreach program. 3. The City will disseminate program information in a timely manner. 4. The City will assume full responsibility for completion and submittal of their required annual reports. Agreed Procedures • The City agrees to grant an annual conservation appropriation to the SWCD, not to exceed $6,000 for a one-year term, following the Effective Date, and the Cuyahoga SWCD agrees to use the grant funds to provide a conservation program for the City. • The City will provide a resolution to the SWCD that acknowledges this working agreement and provides documentation to facilitate dispersal of funds to the SWCD on an annual basis. • That the SWCD is a conservation technical and education service agency and therefore is not granted regulatory authority in the Ohio Revised Code. 2 I Cuyahoga SWCD PIPE Services MOU 2021 That the working relationship will be defined to include lines of communications with appropriate departments. The SWCD and the City will meet at least once a year to coordinate a work plan and exchange information with the goal of developing a multi-disciplinary approach to resource management. SWCD will provide a written annual report, relevant to its role, as outlined in this MOU. That credit will be given jointly to the SWCD and the City in any conservation publications produced. That all parties will review quality of service and address concerns as they arise. The City recognizes the SWCD's obligation to make its reports and other written materials available to the public on request in accordance with the Ohio Public Records Act. All seivices of the SWCD are offered on a non-discriminatory basis without regard to race, age, marital status, handicap, or political persuasion. Coordination between NEORSD and SWCD 1 . In accordance with Title V of NEORSD’s Regional Stormwater Management Code, NEORSD will provide an appropriation in the amount of $6,000 to the City, which shall use such appropriation to pay the Cuyahoga SWCD to carry out the services set forth in this MOU. 2. NEORSD and SWCD shall jointly plan annual MCM #1 and MCM #2 activities. 3. SWCD shall provide the District with monthly reports of services provided to each community. Term,Renewal,Termination The term of this MOU shall commence on the date (the "Initial Effective Date") SWCD receives written notice from the City, in a form approved by SWCD and in accordance with Sections 5705.41 and 5705.44 ofthe Ohio Revised Code, as applicable, indicating that the City has agreed to grant funds, in an amount agreed to by the parties, to support SWCD's general operations for the following 12-month period (the "Initial City Notice"). The parties acknowledge, understand, and agree that any such funding shall be for the purposes ofthe SWCD’s providing Phase II services for a period of \ 2 calendar months following the Initial Effective Date (the "Initial MOU Term") and that this MOU shall terminate on the 1 2-month anniversary of the Initial Effective Date. This MOU may be amended or terminated at any time by mutual consent of all parties. 3 I Cuyahoga SWCD PIPE Services MOU 2021 In witness thereof, the Memorandum executed and agreed to on the latest day, month and year written below: Cuyahoga Soil & Water City of Middleburg Heights Conservation District By: By: Hon. Matthew Castelli Chair Date: Date: Northeast Ohio Regional Sewer District By: Kyle Dreyfuss-Wells And: Darnell Brown, President Chief Executive Officer Board of Trustees Date: Date: This Instrument Reviewed By: Katarina K. Waag Assistant General Counsel Northeast Ohio Regional Sewer District 4 I Cuyahoga SWCD PIPE Services MOU 2021 CONTRACT NO. NORTHEAST OHIO REGIONAL SEWER CERTIFICATION DISTRICT WITH It is hereby certified that the amount required to CUYAHOGA SOIL AND WATER meet the contract, agreement, obligation, CONSERVATION DISTRICT payment or expenditure, for the above, has been CITY OF MIDDLEBURG HEIGHTS lawfully appropriated or authorized or directed FOR for such purpose and is in the Treasury or in process of collection to the credit of the fund free 2021 PHASE II TECHNICAL ASSISTANCE IMPLEMENTING SOIL AND WATER from any obligation or certification now CONSERVATION MEASURES outstanding. Total Approximate Cost: S6,000 CHIEF FINANCIAL OFFICER Date The legal form and correctness of the within instrument are hereby approved. CHIEF LEGAL OFFICER Date 5 I Cuyahoga SWCD PIPE Services MOU 2021

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