MONDAY, MAY 17, 2021 COUNCIL CAUCUS - 6:30 PM | COUNCIL MEETING - 7:00 PM - City of Fairview Park, Ohio
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MONDAY, MAY 17, 2021
COUNCIL CAUCUS - 6:30 PM | COUNCIL MEETING - 7:00 PM
via Zoom Telephone/Video Conference
& Live Streamed on City’s YouTube Channel
Join Video Meeting: https://zoom.us/j/99477520718?pwd=Ty9lT0VpRTJTblZFb2JjVS9PUFJSUT09
Meeting Dial-In# (Audio Only): (646) 558-8656 or (301) 715-8592
Meeting ID: 994 7752 0718 | Passcode: 185758 (For Audio and Video)
YouTube Channel: https://www.youtube.com/channel/UC207O_m7DfOP_FcDvoDR5og
Meeting Call to Order | Moment of Silent Prayer
Roll Call
Written Communications, Petitions and Claims
Committee Reports
Environment, Public Works, Planning, Zoning & Development – Councilman Minek, Chair | Councilman Burger, Vice Chair
Local Government & Community Services - Councilwoman Wering, Chair | Councilman Simmerly, Vice Chair
Finance – Councilwoman King, Chair | Councilwoman Adler, Vice Chair
~ LEGISLATIVE AGENDA ~
Legislation on for First Reading
COUNCILWOMAN KING
Ord. 21-__ | Accepting 2021 NOPEC Energized Community Grant Funds
Ord. 21-__ | Authorizing Purchase of Cruisers for Police Department
Ord. 21-__ | Authorizing Purchase of Pickup for Police Department
Res. 21-__ | Alternative Tax Budget 2022
Legislation on for Second Reading
COUNCILMAN MINEK
Ord. 21-31 | Authorizing Plans & Specifications for New Sidewalks, Curbs and Curb Ramps
Ord. 21-32 | Authorizing Bids and Contracts for New Sidewalks, Curbs and Curb Ramps
COUNCILWOMAN WERING
Ord. 21-33 | Amending Section 929.06 Solid Waste Collection Charges Expiration Date
COUNCILWOMAN KING
Ord. 21-35 | Authorizing Application and Administration for 2021 CMAQ Application
Ord. 21-36 | Authorizing Application and Administration for 2021 NatureWorks Grant
Ord. 21-37 | Authorizing Bids and Contract for Bohlken Park Connector Pathway
Ord. 21-38 | Authorizing Sale of Obsolete Police Vehicles by Greater Cleveland Auto Auction
Ord. 21-39 | Solid Waste Fee Special Assessment for Tax Year 2022
Ord. 21-40 | Street Lighting Assessment for Tax Years 2022 and 2023
Continued on next page Audience Input on Legislation Up For Passage Legislation on for Passage Without Three Readings COUNCILWOMAN KING Ord. 21-34 | Accepting Awards and Authorizing Administration for 2021 County Tree Canopy Grants Legislation on for Third Reading and Final Passage COUNCILMAN MINEK Ord. 21-27 | Authorizing Engineering & Consulting for Coe Creek Erosion Assessment COUNCILWOMAN KING Ord. 21-29 | Authorizing Purchase of Parts and Materials for Traffic and Pedestrian Signals Reports and Communications from Mayor, Directors and Other City Officials Public Session Miscellaneous Business and Reports from Council Executive Session Adjournment
CITY OF FAIRVIEW PARK
ORDINANCE NO. 21 -
REQUESTED BY: MARY KAY COSTELLO, DIRECTOR OF PUBLIC SERVICE &
DEVELOPMENT
SPONSORED BY: COUNCILWOMAN KING
AN ORDINANCE ACCEPTING THE 2021 NORTHEAST OHIO PUBLIC ENERGY
COUNCIL (NOPEC) ENERGIZED COMMUNITY GRANT TO PROVIDE FINANCIAL
ASSISTANCE FOR ENERGY EFFICIENCY PROJECTS OR ENERGY INFRASTRUCTURE
IMPROVEMENTS AND AUTHORIZING THE CITY ADMINISTRATION TO FILE ALL
DOCUMENTS AND EXECUTE ALL AGREEMENTS NECESSARY TO RECEIVE ANY
AWARDED GRANT FUNDS AND DECLARING AN EMERGENCY
WHEREAS, the City of Fairview Park (“City”) is a member of the Northeast Ohio Public
Energy Council (“NOPEC”) and is eligible for the 2021 NOPEC Energized Community Grant
(“NEC Grant”), as provided for in the NEC Grant program guidelines; and
WHEREAS, the City has been awarded Forty-Seven Thousand Eleven Dollars ($47,011)
through the 2021 NEC Grant program to fund energy efficiency and/or energy infrastructure
projects in the community; and
WHEREAS, the City previously entered into a grant agreement with NOPEC, Inc. on
August 11, 2020, to receive one or more NEC grants; and
WHEREAS, the City will submit project proposal/s for approval by NOPEC for which
2021 NEC Grant funds will be requested, or the City will request that funds be held for the City
for a future use; and
WHEREAS, the NEC Grant Program covers one hundred percent (100%) of all project
costs up to the amount awarded.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO:
SECTION 1. That the City hereby accepts the 2021 NEC Grant award in the amount of
Forty- Seven Thousand Eleven Dollars ($47,011) and extends its appreciation to NOPEC.
SECTION 2. That the Mayor and City Administration are authorized to file all documents
and execute all agreements necessary to accept the award of the 2021 NEC Grant and receive any
grant funds, and appropriate such funds solely for purposes described in this Ordinance.
SECTION 3. It is found and determined that all formal actions of this Council concerning
and relating to the adoption 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
action were in meetings open to the public in compliance with all legal requirements.
Ordinance 21-__ | Page 1SECTION 4. That this Ordinance is hereby declared to be an emergency measure necessary
for the preservation of public peace, health, safety and welfare; and provided it received an
affirmative vote of a majority plus one of the members elected to Council, it shall take effect and
be in force immediately upon its passage and approval by the Mayor; otherwise from and after the
earliest period allowed by law.
PASSED: 1st reading:
APPROVED: 2nd reading:
3rd reading:
____________________________________
Michael P. Kilbane, President of Council
____________________________________
Patrick J. Cooney, Mayor
____________________________________
Liz L. Westbrooks, Clerk of Council
Ordinance 21-__ | Page 2CITY OF FAIRVIEW PARK
ORDINANCE NO. 21-
REQUESTED BY: PAUL SHEPARD, CHIEF OF POLICE
SPONSORED BY: COUNCILWOMAN KING
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT
THROUGH THE OHIO DEPARTMENT OF ADMINISTRATIVE SERVICES COOPERATIVE
PURCHASING PROGRAM WITH STATEWIDE FORD LINCOLN FOR THE ACQUISITION
OF TWO (2) FORD POLICE INTERCEPTOR K8A CRUISERS, AND FOR THE PURCHASE
OF ACCESSORIES AND EQUIPMENT FOR SAID CRUISERS, FOR THE POLICE
DEPARTMENT AND DECLARING AN EMERGENCY
WHEREAS, the Police Department is in need of two (2) new 2021 Ford Police Interceptor
K8A Cruisers (“Cruisers”); and
WHEREAS, the Cruisers are available pursuant to Ohio Department of Administrative
Services (“ODAS”) Contract #RS900321 from Statewide Ford Lincoln of Van Wert, Ohio; and
WHEREAS, Ordinance 21-25 authorizes the City Administration to purchase from the
ODAS Cooperative Purchasing Program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO:
SECTION 1. That the Mayor is hereby authorized to enter into a contract with Statewide
Ford Lincoln for the purchase of two (2) new Cruisers through ODAS Contract #RS900321.
SECTION 2. That the cost of the acquisition of the Cruisers, in the amount of Thirty-
Seven Thousand Four Hundred Thirty-Five Dollars ($37,435) per vehicle for a total of Seventy-
Four Thousand Eight Hundred Seventy Dollars ($74,870), will be paid from the Permanent
Improvement Fund (Fund 260).
SECTION 3. That the cost of accessories, additional equipment, parts, and labor for the
Cruisers, in an amount not to exceed Twenty-Three Thousand Dollars ($23,000), will be paid from
the Permanent Improvement Fund (Fund 260) as described in attached Exhibit “A”.
SECTION 4. It is found and determined that all formal actions of this Council concerning
and relating to the adoption 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
action were in meetings open to the public in compliance with all legal requirements.
SECTION 5. That this Ordinance is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, safety and welfare and so that the Police
Department vehicles can be ordered immediately and available for use by the Police Department;
and provided it receives the affirmative vote of a majority plus one of the members elected to
Council, it shall take effect and be in force from immediately upon its passage and approval by the
Mayor, otherwise from and after the earliest period allowed by law.
Ordinance 21-__ | Page 1PASSED: 1st reading:
APPROVED: 2nd reading:
3rd reading:
____________________________________
Michael P. Kilbane, President of Council
____________________________________
Patrick J. Cooney, Mayor
____________________________________
Liz L. Westbrooks, Clerk of Council
Ordinance 21-__ | Page 2EXHIBIT “A”
Total costs not to exceed $23,000
Provider Location Estimated Product
Cost
Fallsway Equipment Company Akron, OH $10,000 Light Bars; Consoles; General Police Car
Equipment
Statewide Emergency Products Van Wert, OH $6,000 General Police Car Equipment
Wired Right Fairview Park, OH $6,000 Changeover of Old Cars to New; Remove
Obsolete Equipment from Old Cars
Contingency N/A $1,000 N/A
Total Estimated Cost: $23,000
Ordinance 21-__ | Page 1CITY OF FAIRVIEW PARK
ORDINANCE NO. 21-
REQUESTED BY: PAUL SHEPARD, CHIEF OF POLICE
SPONSORED BY: COUNCILWOMAN KING
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT
THROUGH THE OHIO DEPARTMENT OF ADMINISTRATIVE SERVICES COOPERATIVE
PURCHASING PROGRAM WITH VALLEY FORD OF HURON INC. FOR THE
ACQUISITION OF ONE (1) FORD F-150 4x4 CREW CAB PICKUP TRUCK FOR THE
POLICE DEPARTMENT AND DECLARING AN EMERGENCY
WHEREAS, the Police Department is in need of one (1) Ford F-150 4x4 Crew Cab Pickup
Truck (“Pickup Truck”); and
WHEREAS, the Pickup Truck is available pursuant to Ohio Department of Administrative
Services (ODAS) Contract #RS900321 from Valley Ford of Huron Inc. of Huron, Ohio; and
WHEREAS, Ordinance 21-25 authorizes the City Administration to purchase from the
ODAS Cooperative Purchasing Program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO:
SECTION 1. That the Mayor is hereby authorized to enter into a contract with Valley Ford
of Huron Inc. for the purchase of one (1) Pickup Truck through ODAS Contract #RS900321.
SECTION 2. That the cost of the acquisition of the Pickup Truck, in the amount of Forty
Thousand Two Hundred Thirty-Three Dollars ($40,233), will be paid from P.O.P.A.S. Fund (Fund
716).
SECTION 3. It is found and determined that all formal actions of this Council concerning
and relating to the adoption 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
action were in meetings open to the public in compliance with all legal requirements.
SECTION 4. That this Ordinance is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, safety and welfare and so that the Police
Department vehicle can be ordered immediately and available for use by the Police Department;
and provided it receives the affirmative vote of a majority plus one of the members elected to
Council, it shall take effect and be in force from immediately upon its passage and approval by the
Mayor, otherwise from and after the earliest period allowed by law.
Ordinance 21-__ | Page 1PASSED: 1st reading:
APPROVED: 2nd reading:
3rd reading:
____________________________________
Michael P. Kilbane, President of Council
____________________________________
Patrick J. Cooney, Mayor
____________________________________
Liz L. Westbrooks, Clerk of Council
Ordinance 21-__ | Page 2CITY OF FAIRVIEW PARK
RESOLUTION NO. 21-
ORIGINATED BY: THE FINANCE DEPARTMENT
REQUESTED BY: MAYOR PATRICK J. COONEY
SPONSORED BY: COUNCILWOMAN KING
A RESOLUTION ADOPTING THE ALTERNATIVE TAX BUDGET OF THE CITY OF
FAIRVIEW PARK, STATE OF OHIO, FOR FISCAL YEAR BEGINNING JANUARY 1, 2022,
AND SUBMITTING THE SAME TO THE CUYAHOGA COUNTY FISCAL OFFICER AND
DECLARING AN EMERGENCY
WHEREAS, the Mayor has heretofore prepared a tentative budget for the City of Fairview
Park, State of Ohio, for the fiscal year beginning January 1, 2022 showing estimates of all balances
that will be available at the beginning of the year 2022 for the purpose of such year, and all
revenues to be received for such fiscal year, including all general and special taxes, fees, costs,
percentages, penalties, allowances, prerequisites and all other types of classes of revenue; also
estimates of all expenditures of changes in or for the purpose of such fiscal year to be paid or met
from said revenues or balances; and otherwise conforming with the requirements of law; and
WHEREAS, said budget has been made conveniently available to public inspection for at
least ten (10) days by having at least two (2) copies thereof on file in the Office of the Director of
Finance.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO:
SECTION 1. That the budget of the City of Fairview Park, Ohio, for the fiscal year
beginning January 1, 2022, heretofore prepared by the Mayor, and submitted to this Council,
copies of which have been and are on file in the office of the Director of Finance be and it is hereby
adopted as the official budget of the City of Fairview Park, Ohio for the fiscal year beginning
January 1, 2022.
SECTION 2. That the Clerk be, and is hereby authorized and directed to certify a copy of
said budget, and a copy of this resolution, and to submit the same to the Cuyahoga County Fiscal
Officer.
SECTION 3. It is found and determined that all formal actions of this Council concerning
and relating to the adoption 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
action were in meetings open to the public in compliance with all legal requirements.
SECTION 4. That this Resolution is hereby declared to be an emergency measure
necessary for the immediate preservation of the public peace, health, safety and welfare and for
the, further reason that it may be certified to the Cuyahoga County Fiscal Officer by date prescribed
by law; and provided it receives the affirmative vote of a majority plus one of the members elected
to Council, it shall take effect and be in force from immediately upon its passage and approval by
the Mayor, otherwise from and after the earliest period allowed by law.
Resolution 21-__ | Page 1PASSED: 1st reading:
APPROVED: 2nd reading:
3rd reading:
____________________________________
Michael P. Kilbane, President of Council
____________________________________
Patrick J. Cooney, Mayor
____________________________________
Liz L. Westbrooks, Clerk of Council
Resolution 21-__ | Page 2CITY OF FAIRVIEW PARK
ORDINANCE NO. 21-31
REQUESTED BY: MARY KAY COSTELLO, DIRECTOR OF PUBLIC SERVICE &
DEVELOPMENT
SPONSORED BY: COUNCILMAN MINEK
CO-SPONSORED BY: COUNCILWOMAN KING
AN ORDINANCE AUTHORIZING MACKAY ENGINEERING & SURVEYING CO.
(“CITY ENGINEER”) TO PREPARE PLANS AND SPECIFICATIONS AND PROVIDE
CONSTRUCTION ADMINISTRATION, INSPECTION, AND BIDDING SERVICES FOR
THE INSTALLATION OF SIDEWALKS AND DECLARING AN EMERGENCY
WHEREAS, the City of Fairview Park (“City”) has been recommended for funding in the
amount of One Hundred Fifty Thousand Dollars ($150,000.00) through Cuyahoga County’s 2020
Municipal Grant Program to add sidewalks, curbs, and curb ramps in a targeted area within the
southeast section of the City where such pedestrian amenities do not currently exist (“Project”);
and
WHEREAS, the Project is located within a Low- and Moderate-Income (“LMI”) area, as
designated by the U.S. Department of Housing and Urban Development; and
WHEREAS, the services of the City Engineer are required in a timely manner to ensure
construction takes place during the 2021 construction season and by the anticipated grant
completion deadline of March 31, 2022; and
WHEREAS, said grant funds will be used for the cost of construction in the amount of One
Hundred Thirty Thousand Two Hundred Dollars ($130,200.00), and for engineering, design,
construction administration, and inspection in the amount of Nineteen Thousand Eight Hundred
Dollars ($19,800.00); and
WHEREAS, Fairview Park City Council passed Ordinance No. 20-41 on November 16,
2020 authorizing the City’s 2020 Municipal Grant Program application and supporting the
proposed project.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO:
SECTION 1. That the City extends its appreciation to Cuyahoga County and accepts 2020
Municipal Grant funding in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) to
be used solely for the purposes described herein.
SECTION 2. That the City Engineer is hereby authorized and directed to prepare plans
and specifications, and provide construction administration, inspection, and bidding services for
the installation of sidewalks in the southeast section of the City.
Ordinance 21-31 | Page 1SECTION 3. That the City Engineer shall be paid for the services rendered in accordance
with the Engineer’s Estimate for the project in the amount not to exceed Nineteen Thousand Eight
Hundred Dollars ($19,800.00) to be paid from the Capital Projects Fund (Fund 811) and
reimbursed in full by Cuyahoga County’s 2020 Municipal Grant Program funds.
SECTION 4. It is found and determined that all formal actions of this Council concerning
and relating to the adoption 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
action were in meetings open to the public in compliance with all legal requirements.
SECTION 5. That this ordinance is hereby declared to be an emergency measure,
necessary for the immediate preservation of the public peace, health, safety and welfare; and for
the further reason that the anticipated project deadline is March 31, 2022 and said improvements
will need to be completed during the 2021 construction season; and provided it receives the
affirmative vote of a majority plus one of the members elected to Council, it shall take effect and
be in force immediately upon its passage and approval by the mayor, otherwise from and after the
earliest period allowed by law.
PASSED: 1st reading: 05.03.21
APPROVED: 2nd reading:
3rd reading:
____________________________________
Michael P. Kilbane, President of Council
____________________________________
Patrick J. Cooney, Mayor
____________________________________
Liz L. Westbrooks, Clerk of Council
Ordinance 21-31 | Page 2CITY OF FAIRVIEW PARK
ORDINANCE NO. 21-32
REQUESTED BY: MARY KAY COSTELLO, DIRECTOR OF PUBLIC SERVICE &
DEVELOPMENT
SPONSORED BY: COUNCILMAN MINEK
CO-SPONSORED BY: COUNCILWOMAN KING
AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND
DEVELOPMENT TO ADVERTISE FOR BIDS AND THE MAYOR TO ENTER INTO A
CONTRACT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER AS
DETERMINED BY THE BOARD OF CONTROL TO INSTALL NEW SIDEWALKS, CURBS,
AND CURB RAMPS IN THE SOUTHEAST SECTION OF THE CITY AND DECLARING AN
EMERGENCY
WHEREAS, the City of Fairview Park (“City”) has been recommended for funding in the
amount of One Hundred Fifty Thousand Dollars ($150,000.00) through Cuyahoga County’s 2020
Municipal Grant Program to add sidewalks, curbs, and curb ramps in a targeted area within the
southeast section of the City where such pedestrian amenities do not currently exist (“Project”);
and
WHEREAS, the Project is located within a Low- and Moderate-Income (“LMI”) area, as
designated by the U.S. Department of Housing and Urban Development; and
WHEREAS, said grant funds will be used for the cost of construction in the amount of One
Hundred Thirty Thousand Two Hundred Dollars ($130,200.00), and for engineering, design,
construction administration, and inspection in the amount of Nineteen Thousand Eight Hundred
Dollars ($19,800.00); and
WHEREAS, Fairview Park City Council passed Ordinance No. 20-41 on November 16,
2020 authorizing the City’s 2020 Municipal Grant Program application and supporting the
proposed project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO:
SECTION 1. That the City extends its appreciation to Cuyahoga County and accepts 2020
Municipal Grant funding in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) to
be used solely for the purposes described herein.
SECTION 2. That the Director of Public Service and Development is hereby authorized
to advertise for and accept bids for the installation of sidewalks, curbs, and curb ramps in the
southeast section of the City.
SECTION 3. That the Mayor is authorized to enter into a contract with the lowest
responsive and responsible bidder as determined by the Board of Control for said project in an
amount not to exceed One Hundred Thirty Thousand Two Hundred Dollars ($130,200.00) to be
Ordinance 21-32 | Page 1paid from the Capital Projects Fund (Fund 811), and reimbursed in full through Cuyahoga
County’s 2020 Municipal Grant Program funds.
SECTION 4. It is found and determined that all formal actions of this Council concerning
and relating to the adoption 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
action were in meetings open to the public in compliance with all legal requirements.
SECTION 5. That this ordinance is hereby declared to be an emergency measure,
necessary for the immediate preservation of the public peace, health, safety and welfare; and for
the further reason that the anticipated project deadline is March 31, 2022 and said improvements
will need to be completed during the 2021 construction season; and provided it receives the
affirmative vote of a majority plus one of the members elected to Council, it shall take effect
and be in force immediately upon its passage and approval by the mayor, otherwise from and
after the earliest period allowed by law.
PASSED: 1st reading: 05.03.21
APPROVED: 2nd reading:
3rd reading:
___________________________________
Michael P. Kilbane, President of Council
___________________________________
Patrick J. Cooney, Mayor
___________________________________
Liz L. Westbrooks, Clerk of Council
Ordinance 21-32 | Page 2CITY OF FAIRVIEW PARK
ORDINANCE NO.: 21-33
REQUESTED BY: THE FINANCE DEPARTMENT
SPONSORED BY: COUNCILWOMAN WERING
AN ORDINANCE AMENDING SECTION 929.06 OF CHAPTER 929 ENTITLED,
"SOLID WASTE COLLECTION CHARGES" OF THE CODIFIED ORDINANCES OF THE
CITY OF FAIRVIEW PARK AND DECLARING AN EMERGENCY
WHEREAS, Section 929.06 of the Codified Ordinances of the City of Fairview Park was
amended by Ordinance No. 20-25 to provide that the solid waste collection charges established by
Chapter 929 shall expire December 31, 2021; and
WHEREAS, it is in the best interest of the City of Fairview Park to extend the charges
established by Chapter 929 until December 31, 2022.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO:
SECTION 1. That Section 929.06 of the Codified Ordinances of the City of Fairview Park
shall be and is hereby amended as follows:
“929.06 EXPIRATION
The charges established under this Chapter shall expire on December 31, 20212.”
SECTION 2. It is found and determined that all formal actions of this Council concerning
and relating to the adoption 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
action were in meetings open to the public in compliance with all legal requirements.
SECTION 3. That this ordinance is hereby declared to be an emergency measure necessary
for the preservation of the public peace, health, safety and welfare and timely provide for the
continuation of the charges under this ordinance, and provided it receives the affirmative vote of
a majority plus one of the members elected to Council, it shall take effect and be in force
immediately upon its passage and approval by the Mayor, otherwise from and after the earliest
period allowed by law.
Ordinance 21-33 | Page 1PASSED: 1st reading: 05.03.21
APPROVED: 2nd reading:
3rd reading:
____________________________________
Michael P. Kilbane, President of Council
____________________________________
Patrick J. Cooney, Mayor
____________________________________
Liz L. Westbrooks, Clerk of Council
Ordinance 21-33 | Page 2CITY OF FAIRVIEW PARK
ORDINANCE NO. 21-35
REQUESTED BY: MARY KAY COSTELLO, DIRECTOR OF PUBLIC SERVICE &
DEVELOPMENT
SPONSORED BY: COUNCILWOMAN KING
CO-SPONSORED BY: COUNCILMAN MINEK
AN ORDINANCE SUPPORTING AND AUTHORIZING THE SUBMISSION OF A
2021 APPLICATION TO THE NORTHEAST OHIO AREAWIDE COORDINATING AGENCY
FOR THE CONGESTION MITIGATION AND AIR QUALITY PROGRAM TO PROVIDE
FINANCIAL ASSISTANCE FOR THE LORAIN ROAD CONGESTION MITIGATION AND
AIR QUALITY PROJECT AND AUTHORIZING THE MAYOR TO ACCEPT ANY
AWARDED GRANT FUNDS AND FILE ALL DOCUMENTS AND EXECUTE ALL
AGREEMENTS NECESSARY TO RECEIVE ANY AWARDED GRANT FUNDS AND
DECLARING AN EMERGENCY
WHEREAS, the United States Congress has set aside monies for Congestion Mitigation
and Air Quality (“CMAQ”) projects through the State of Ohio, Department of Transportation
(“ODOT”) and administered by the Northeast Ohio Areawide Coordinating Agency (“NOACA”);
and
WHEREAS, Local Public Agencies can apply for these monies and be selected for funding
by the Ohio Association of Regional Councils (“OARC”), which has been charged with
management of a statewide CMAQ program by ODOT; and
WHEREAS, the City of Fairview Park is applying for CMAQ funding to implement the
Lorain Road Congestion Mitigation and Air Quality Project (“Project”) which includes lane
efficiencies, optimized signalization, and installation of pedestrian and bicycle amenities; and
WHEREAS; the Project is a transportation activity eligible to receive federal CMAQ
funding, providing congestion relief and reducing carbon dioxide and greenhouse gas emissions;
and
WHEREAS, the CMAQ program covers eighty percent (80%) of eligible project costs,
either through reimbursement to the City or direct pay to the contractor; and
WHEREAS, if requested funds are granted, the City shall be responsible for at least twenty
percent (20%) of the eligible costs; and
WHEREAS, the project is expected to commence after Fiscal Year 2025.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO:
SECTION 1: The City Administration is hereby authorized to prepare and execute an
application for CMAQ funds for the stated described project and to submit same to the NOACA
for consideration of funding by OARC.
Ordinance 21-35 | Page 1SECTION 2. The City commits to pay at least twenty percent (20%) of the actual cost,
which is to be paid from the Capital Projects Fund (Fund 811). The City further agrees to pay One
Hundred Percent (100%) of the cost over and above the maximum amount provided by the OARC
and for all non-participating costs associated with project development activities.
SECTION 3. Upon completion of the Project, and unless otherwise agreed, the City shall:
(1) provide adequate maintenance for the Project in accordance with all applicable state and federal
laws, including, but not limited to, 23 USC 116; (2) provide ample financial provisions, as
necessary, for the maintenance of the Project; (3) if necessary, maintain the right-of-way, keeping
it free of obstructions; and (4) if necessary, hold said right-of-way inviolate for public highway
purposes.
SECTION 4. That the Mayor and City Administration are authorized to file all documents
and execute all agreements necessary to accept the award and receive any grant funds; and that the
funds are appropriated solely for purposes described in this Ordinance.
SECTION 5. It is found and determined that all formal actions of this Council concerning
and relating to the adoption 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
action were in meetings open to the public in compliance with all legal requirements.
SECTION 6. That this Ordinance is hereby declared to be an emergency measure necessary
for the preservation of public peace, health, safety and welfare; and for the further reason that
supportive legislation must be submitted no later than one (1) month past the May 26, 2021
application deadline; and provided it received an affirmative vote of a majority plus one of the
members elected to Council, it shall take effect and be in force immediately upon its passage and
approval by the Mayor; otherwise from and after the earliest period allowed by law.
PASSED: 1st reading: 05.03.21
APPROVED: 2nd reading:
3rd reading:
____________________________________
Michael P. Kilbane, President of Council
____________________________________
Patrick J. Cooney, Mayor
_____________________________________
Liz L. Westbrooks, Clerk of Council
Ordinance 21-35 | Page 2CITY OF FAIRVIEW PARK
ORDINANCE NO. 21-36
REQUESTED BY: MARY KAY COSTELLO, DIRECTOR OF PUBLIC SERVICE &
DEVELOPMENT
SPONSORED BY: COUNCILWOMAN KING
AN ORDINANCE SUPPORTING AND AUTHORIZING THE SUBMISSION OF AN
APPLICATION TO THE OHIO DEPARTMENT OF NATURAL RESOURCES FOR ROUND
TWENTY SEVEN OF THE NATUREWORKS GRANT PROGRAM TO PROVIDE
FINANCIAL ASSISTANCE FOR THE REPLACEMENT OF THE PLAYGROUND AT BAIN
PARK AND AUTHORIZING THE MAYOR TO ACCEPT ANY AWARDED GRANT FUNDS
AND FILE ALL DOCUMENTS AND EXECUTE ALL AGREEMENTS NECESSARY TO
RECEIVE AND ADMINISTER ANY AWARDED GRANT FUNDS AND DECLARING AN
EMERGENCY
WHEREAS, through the Ohio Department of Natural Resources (“ODNR”), the State of
Ohio administers financial assistance for public recreational purposes through the NatureWorks
grant program (“Program”); and
WHEREAS, the City of Fairview Park (“City”) is seeking financial assistance through
round Twenty-Seven (27) of the Program for the purpose of replacing playground equipment at
Bain Park; and
WHEREAS, legislation supporting and authorizing the application must be submitted no
later than one (1) month after the June 1, 2021 grant application deadline; and
WHEREAS, the Program provides seventy-five percent (75%) reimbursement for eligible
project costs in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00),
requiring the applicant to first expend funds and then request reimbursement from ODNR; and
WHEREAS, the City is required to provide a twenty-five (25%) percent local funding
match.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO:
SECTION 1. That the City Administration is hereby authorized and directed to execute
and file an application with ODNR and to provide all information and documentation required to
become eligible for possible funding assistance.
SECTION 2. That the City agrees to obligate the matching funds required to satisfactorily
complete the proposed project from the Recreation Fund (Fund 230) and/or the Permanent
Improvement Fund (Fund 260) and become eligible for reimbursement under the terms of the
Program.
Ordinance 21-36 | Page 1SECTION 3. That the Mayor and City Administration are authorized to file all documents
and execute all agreements necessary to accept the award and receive and administer any grant
funds; and that the funds are appropriated solely for purposes described in this Ordinance.
SECTION 4. It is found and determined that all formal actions of this Council concerning
and relating to the adoption 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
action were in meetings open to the public in compliance with all legal requirements.
SECTION 5. That this Ordinance is hereby declared to be an emergency measure necessary
for the preservation of public peace, health, safety and welfare; and for further reason that
authorizing legislation must be submitted no later than one (1) month after the June 1, 2021 grant
application deadline; and provided it receives an affirmative vote of a majority plus one of the
members elected to Council, it shall take effect and be in force immediately upon its passage and
approval by the Mayor; otherwise from and after the earliest period allowed by law.
PASSED: 1st reading: 05.03.21
APPROVED: 2nd reading:
3rd reading:
___________________________________
Michael P. Kilbane, President of Council
___________________________________
Patrick J. Cooney, Mayor
___________________________________
Liz L. Westbrooks, Clerk of Council
Ordinance 21-36 | Page 2CITY OF FAIRVIEW PARK
ORDINANCE NO. 21-37
REQUESTED BY: MARY KAY COSTELLO, DIRECTOR OF PUBLIC SERVICE &
DEVELOPMENT
SPONSORED BY: COUNCILWOMAN KING
CO-SPONSORED BY: COUNCILMAN MINEK
AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND
DEVELOPMENT TO ADVERTISE FOR BIDS AND THE MAYOR TO ENTER INTO A
CONTRACT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER AS
DETERMINED BY THE BOARD OF CONTROL FOR THE INSTALLATION OF A
CONNECTOR PATHWAY AT BOHLKEN PARK AND DECLARING AN EMERGENCY
WHEREAS, the City of Fairview Park (“City”) has been awarded funding in the amount
of Fifty Thousand Dollars ($50,000.00) through Cuyahoga County’s 2021 Community
Development Supplemental Grant (“CDSG”) program to construct an Americans with Disabilities
Act (“ADA”) pathway from an existing pathway at Bohlken Park in order to establish a loop path;
and
WHEREAS, such improvements will result in the establishment of a loop pathway in the
northern section of the City, where one does not currently exist; increased availability of ADA
outdoor recreational amenities; increased connectivity and circulation within Bohlken Park; and
additional multi-season outdoor amenities that can be safely used during COVID-19 and any
potential health pandemics in the future; and
WHEREAS, the CDSG program provides one hundred percent (100%) reimbursement for
eligible project costs in an amount not to exceed Fifty Thousand Dollars ($50,000.00), requiring
the applicant to first expend funds and then request reimbursement from Cuyahoga County; and
WHEREAS, the estimated cost of construction is Fifty Thousand Four Hundred Forty-Six
Dollars ($50,446.00), of which the 2021 CDSG award will reimburse said costs in the amount of
Fifty Thousand Dollars ($50,000.00); and
WHEREAS, Fairview Park City Council passed Ordinance No. 20-42 on November 16,
2020 authorizing the City’s 2021 CDSG application and supporting the proposed project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO:
SECTION 1. That the City extends its appreciation to Cuyahoga County and accepts 2021
CDSG funding in the amount of Fifty Thousand Dollars ($50,000.00) to be used solely for the
purposes described herein.
SECTION 2. That the Director of Public Service and Development is hereby authorized
to advertise for and accept bids to construct an Americans with Disabilities Act (“ADA”) pathway
at Bohlken Park.
Ordinance 21-37 | Page 1SECTION 3. That the Mayor is authorized to enter into a contract with the lowest
responsive and responsible bidder as determined by the Board of Control for said project in an
amount not to exceed Fifty Thousand Four Hundred Forty Six Dollars ($50,446.00) to be paid
from the Recreation Fund (Fund 230).
SECTION 4. It is found and determined that all formal actions of this Council concerning
and relating to the adoption 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
action were in meetings open to the public in compliance with all legal requirements.
SECTION 5. That this ordinance is hereby declared to be an emergency measure,
necessary for the immediate preservation of the public peace, health, safety and welfare; and for
the further reason that the anticipated project deadline is March 31, 2022 and said improvements
will need to be completed during the 2021 construction season; and provided it receives the
affirmative vote of a majority plus one of the members elected to Council, it shall take effect
and be in force immediately upon its passage and approval by the mayor, otherwise from and
after the earliest period allowed by law.
PASSED: 1st reading: 05.03.21
APPROVED: 2nd reading:
3rd reading:
___________________________________
Michael P. Kilbane, President of Council
____________________________________
Patrick J. Cooney, Mayor
___________________________________
Liz L. Westbrooks, Clerk of Council
Ordinance 21-37 | Page 2CITY OF FAIRVIEW PARK
ORDINANCE NO. 21-38
REQUESTED BY: MARY KAY COSTELLO, DIRECTOR OF PUBLIC SERVICE &
DEVELOPMENT
SPONSORED BY: COUNCILWOMAN KING
AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE &
DEVELOPMENT AND THE DIRECTOR OF FINANCE TO SELL OBSOLETE VEHICLES
FROM THE CITY’S POLICE FLEET THROUGH THE GREATER CLEVELAND AUTO
AUCTION AND DECLARING AN EMERGENCY
WHEREAS, the City owns various vehicles in the Police Department fleet which are no
longer of use by the City of Fairview Park; and
WHEREAS, it is in the best interest of the City to dispose of said obsolete vehicles.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO:
SECTION 1. That the Director of Public Service & Development and Director of Finance are
hereby authorized to sell the vehicles listed below for the highest and best price via auction, as
determined to be the best method by the Greater Cleveland Auto Auction.
Make/Model VIN # Year
1. Blue Ford Crown Victoria 2FABP7BV6BX169102 2011
2. White Ford Crown Victoria 2FAHP71V89X142733 2009
3. White Ford Crown Victoria 2FABP7BV6BX169101 2011
4. White Ford Crown Victoria 2FAHP71V48X106925 2008
5. Black Chevy Caprice 6G1MK5U29DL826284 2013
6. Black Ford Explorer 1FM5K8AR2FGC27410 2015
SECTION 2. That proceeds from the sale of vehicles to be deposited in the Permanent
Improvement Fund (260) of the City of Fairview Park.
SECTION 3. That this Council grants the auction-house (Greater Cleveland Auto Auction)
power of attorney for the sole purpose of transferring the vehicle’s title to the best and most
responsive bidder for each vehicle noted above after receiving approval from the Mayor.
SECTION 4. It is found and determined that all formal actions of this Council concerning
and relating to the adoption 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
action were in meetings open to the public in compliance with all legal requirements.
Ordinance 21-38 | Page 1SECTION 5. That this Ordinance is hereby declared to be an emergency measure necessary
to release vehicles to be removed from the premises and for the preservation of public peace,
health, safety and welfare; and provided it received an affirmative vote of a majority plus one of
the members elected to Council, it shall take effect and be in force immediately upon its passage
and approval by the Mayor; otherwise from and after the earliest period allowed by law.
PASSED: 1st reading: 05.03.21
APPROVED: 2nd reading:
3rd reading:
____________________________________
Michael P. Kilbane, President of Council
____________________________________
Patrick J. Cooney, Mayor
____________________________________
Liz L. Westbrooks, Clerk of Council
Ordinance 21-38 | Page 2CITY OF FAIRVIEW PARK
ORDINANCE NO. 21-39
REQUESTED BY: FINANCE DEPARTMENT
SPONSORED BY: COUNCILWOMAN KING
AN ORDINANCE LEVYING SPECIAL ASSESSMENTS FOR COLLECTION OF THE
MONTHLY CHARGE FOR COLLECTION OF SOLID WASTE IN THE CITY OF FAIRVIEW
PARK, OHIO FOR THE TAX YEAR 2022 AND DECLARING AN EMERGENCY
WHEREAS, the City of Fairview Park has levied special assessments for the collection of
refuse in the City of Fairview Park.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO:
SECTION 1. That the cost and expense of solid waste collection for the tax year 2022, in
the amount of $120 per year per residential parcel for the tax year, as reported to the Finance
Director and now on file in the office of the Finance Director; be and the same is hereby adopted
and confirmed, and that for the tax year 2022, there be and are hereby levied and assessed upon
each residential parcel that is subject to collection of solid waste by the City’s vendor, the amount
reported as aforesaid, which are not in excess of any statutory limitation; and said properties are
hereby determined to be specially benefited by said improvement.
SECTION 2. That the remainder of the entire cost of said improvement shall be paid out
of the General Fund (Fund 100) of the City of Fairview Park, Ohio.
SECTION 3. That this Council hereby finds and determines that the assessments now on
file in the office of said Director are in the same proportion to the previous assessments as
originally filed, related to the cost of the above-described improvement and the cost of the
improvement as originally filed.
SECTION 4. That the assessment against each lot or parcel of land shall be payable in cash
within thirty (30) days after the passage of this Ordinance, or at the option of the owner, in two (2)
annual installments. All cash payments shall be made to the Director of Finance of the City. All
assessments remaining unpaid at the expiration of said thirty (30) days shall be certified by the
Clerk of council to the County Fiscal Officer as provided by law, to be placed on the tax duplicate
and collected as other taxes are collected.
SECTION 5. That the Clerk of this Council shall cause a notice of the passage of this
Ordinance to be published once in a newspaper of general circulation in this City, and to continue
on file in this office said assessments.
SECTION 6. That the Clerk of this Council is hereby directed to deliver a certified copy
of this Ordinance to the County Fiscal Officer no later than September 13, 2021.
Ordinance 21-39 | Page 1SECTION 7. It is found and determined that all formal actions of this Council concerning
and relating to the adoption 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
action were in meetings open to the public in compliance with all legal requirements.
SECTION 8. That this ordinance is hereby declared to be an emergency measure necessary
for the preservation of the public peace, health, safety and welfare and provide for the services in
a timely manner, and for the further reason that it is necessary to provide funds for solid waste
collection to protect the health, convenience, and welfare of the inhabitants of the City of Fairview
Park and, provided it receives the affirmative vote of a majority plus one of the members elected
to Council, it shall take effect and be in force immediately upon its passage and approval by the
Mayor, otherwise from and after the earliest period allowed by law.
PASSED: 1st reading: 05.03.21
APPROVED: 2nd reading:
3rd reading:
____________________________________
Michael P. Kilbane, President of Council
____________________________________
Patrick J. Cooney, Mayor
____________________________________
Liz L. Westbrooks, Clerk of Council
Ordinance 21-39 | Page 2CITY OF FAIRVIEW PARK
ORDINANCE NO.: 21-40
ORIGINATED BY: FINANCE DEPARTMENT
REQUESTED BY: MAYOR PATRICK J. COONEY
SPONSORED BY: COUNCILWOMAN KING
AN ORDINANCE LEVYING SPECIAL ASSESSMENTS FOR THE IMPROVEMENT
OF ALL OF THE STREETS OF FAIRVIEW PARK, OHIO PROVIDING AND SUPPLYING
SAID STREETS WITH ELECTRIC STREET LIGHTING FOR THE TAX YEARS 2022 AND
2023, AND DECLARING AN EMERGENCY
WHEREAS, the City of Fairview Park has levied special assessments to supply streets in
the City of Fairview Park with electric lighting.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO:
SECTION 1. That the assessment of the cost and expense of improving all of the streets in
the City of Fairview Park, Ohio, by providing and supplying said streets with electric lighting for
the tax years of 2022 and 2023, in the approximate aggregate amount of $300,000 for each said
tax year, as reported to the Finance Director and now on file in the office of the Finance Director;
be and the same is hereby adopted and confirmed, and that for the tax years 2022 and 2023, these
be and are hereby levied and assessed upon the lots, lands and property bounding and abutting on
said streets, or parts thereof, and served by said street lighting, the several amounts reported as
aforesaid, which assessments are in proportion to the tax value thereof, and are not in excess of
any statute of limitation; and said lots, lands and property are hereby determined to be specially
benefited by said improvement.
SECTION 2. That the remainder of the entire cost of said improvement shall be paid out
of the Street Lighting Fund (Fund 250) of the City of Fairview Park, Ohio.
SECTION 3. That this Council hereby finds and determines that the assessments now on
file in the office of said Director are in the same proportion to the estimated assessments as
originally filed as the actual cost of the above described improvement is to the estimated cost of
the improvement as originally filed.
SECTION 4. That the assessment against each lot or parcel of land shall be payable in cash
within thirty (30) days after the passage of this Ordinance, or at the option of the owner, in two (2)
annual installments. All cash payments shall be made to the Director of Finance of the City. All
assessments remaining unpaid at the expiration of said thirty (30) days shall be certified by the
Clerk of Council to the County Fiscal Officer as provided by law, to be placed by him on the tax
duplicate and collected as other taxed are collected.
SECTION 5. That the Clerk of this Council shall cause a notice of the passage of this
Ordinance to be published once in a newspaper of general circulation in this City, and to continue
on file in this office said assessments.
Ordinance 21-40 | Page 1SECTION 6. That the Clerk of this Council is hereby directed to deliver a certified copy
of this Ordinance to the County Fiscal Officer no later than September 13, 2021.
SECTION 7. It is found and determined that all formal actions of this council concerning
and relating to the adoption 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 action
were in meetings open to the public in compliance with all legal requirements.
SECTION 8. That this ordinance is hereby declared to be an emergency measure necessary
for the preservation of the public peace, health, safety and welfare; and for the further reason that
it is necessary to provide funds for street lighting installation and maintenance lighting of the
aforesaid streets to protect the health, convenience, and welfare of the inhabitants of the City of
Fairview Park, and provided it receives the affirmative vote of a majority plus one of the members
elected to Council, it shall take effect and be in force immediately upon its passage and approval
by the Mayor, otherwise from and after the earliest period allowed by law.
PASSED: 1st reading: 05.03.21
APPROVED: 2nd reading:
3rd reading:
____________________________________
Michael P. Kilbane, President of Council
____________________________________
Patrick J. Cooney, Mayor
____________________________________
Liz L. Westbrooks, Clerk of Council
Ordinance 21-40 | Page 2CITY OF FAIRVIEW PARK
ORDINANCE NO. 21-34
REQUESTED BY: MARY KAY COSTELLO, DIRECTOR OF PUBLIC SERVICE &
DEVELOPMENT
SPONSORED BY: COUNCILWOMAN KING
CO-SPONSORED BY: COUNCILMAN MINEK
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY ADMINISTRATION TO
ACCEPT AWARDED 2021 HEALTHY URBAN TREE CANOPY GRANT PROGRAM
FUNDS FROM CUYAHOGA COUNTY AND FILE ALL DOCUMENTS AND EXECUTE ALL
AGREEMENTS NECESSARY TO RECEIVE SAID FUNDS AND DECLARING AN
EMERGENCY
WHEREAS, the purpose of Cuyahoga County’s 2021 Healthy Urban Tree Canopy Grant
(“HUTCG”) program is to increase tree canopy and reduce the impacts of climate change in
Cuyahoga County, and the program goals are to protect existing tree canopy, expand tree canopy
in areas that are vulnerable, and establish new tree canopy; and
WHEREAS, on February 26, 2021 the City of Fairview Park (“City”) submitted two (2)
applications for HUTCG funding to expand tree plantings within the public right-of-way and City
parks; and
WHEREAS, one (1) application was submitted solely on behalf of the City for the planting
of fifty (50) trees on Elizabeth Avenue, Overlook Drive, Briarwood Drive, and Marian Circle and
fifty (50) trees in Bain Park (“City Project”) and was awarded grant funding in the amount of Forty
Six Thousand Twelve Dollars and Fifty Seven Cents ($46,012.57); and
WHEREAS, one (1) application was submitted by the City on behalf of the City, the City
of Westlake, and the City of Rocky River for the planting of fifty (50) trees in Tri-City Park
(“Regional Project”) and was awarded grant funding in the amount of Twenty Six Thousand Nine
Hundred Ninety-Nine Dollars and Twenty Nine Cents ($26,999.29); and
WHEREAS, the HUTCG program provides ninety five percent (95%) reimbursement for
project costs in an amount not to exceed the grant awards, requiring the applicant to first expend
funds and then request reimbursement from Cuyahoga County.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO:
SECTION 1. That the City hereby thanks Cuyahoga County for its two (2) HUTCG awards
totaling Seventy Three Thousand Eleven Dollars and Eighty-Six Cents ($73,011.86).
SECTION 2. That the Mayor and City Administration are authorized to file all documents
and execute all agreements necessary to accept the awards and receive HUTCG funds.
Ordinance 21-34 | Page 1SECTION 3. That ninety-five (95%) of eligible project costs shall be paid for through grant
funding on a reimbursement basis out of the General Fund (Fund 100).
SECTION 4. That the City’s required five percent (5%) local funding match is to be paid
out of the General Fund (Fund 100) or fulfilled through in-kind labor or materials.
SECTION 5. It is found and determined that all formal actions of this Council concerning
and relating to the adoption 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
action were in meetings open to the public in compliance with all legal requirements.
SECTION 6. That this Ordinance is hereby declared to be an emergency measure necessary
for the preservation of public peace, health, safety and welfare; and for the further reason that the
grant agreements must be submitted to Cuyahoga County before June 7, 2021; and provided it
received an affirmative vote of a majority plus one of the members elected to Council, it shall take
effect and be in force immediately upon its passage and approval by the Mayor; otherwise from
and after the earliest period allowed by law.
PASSED: 1st reading: 05.03.21
APPROVED: 2nd reading:
3rd reading:
____________________________________
Michael P. Kilbane, President of Council
____________________________________
Patrick J. Cooney, Mayor
____________________________________
Liz L. Westbrooks, Clerk of Council
Ordinance 21-34 | Page 2CITY OF FAIRVIEW PARK
20777 Lorain Road
Fairview Park, Ohio 44126-2018
- Established in 1910 -
Patrick J. Cooney, Mayor
MEMORANDUM
TO: Council President Kilbane and Members of City Council
FROM: Mary Kay Costello
Director of Public Service & Development
RE: Emergency Legislation – 2021 Healthy Urban Tree Canopy Grant Awards
DATE: April 27, 2021
The Administration of the City of Fairview Park (“City”) requests the passage of the following legislation with two (2)
readings on Monday, May 17, 2021, as an emergency:
ORDINANCE 21-__ AN ORDINANCE AUTHORIZING THE MAYOR AND CITY ADMINISTRATION TO ACCEPT
AWARDED 2021 HEALTHY URBAN TREE CANOPY GRANT PROGRAM FUNDS FROM CUYAHOGA COUNTY
AND FILE ALL DOCUMENTS AND EXECUTE ALL AGREEMENTS NECESSARY TO RECEIVE SAID FUNDS AND
DECLARING AN EMERGENCY
On February 26, 2021 the City submitted two (2) applications to Cuyahoga County for Healthy Urban Tree Canopy Grant
(“HUTCG”) funding to expand tree canopy within City parks and along City streets. An application was submitted for the
planting of fifty (50) trees on Elizabeth Avenue, Overlook Drive, Briarwood Drive, and Marian Circle and fifty (50) trees in
Bain Park. A separate regional application was submitted for the planting of fifty (50) trees at Tri-City Park, which is shared
and maintained by the Cities of Fairview Park, Rocky River, and Westlake. The City collaborated with these cities to submit
the joint grant application, serving as the lead agency.
The City has been awarded grant funding in the amount of Forty Six Thousand Twelve Dollars and Fifty Seven Cents
($46,012.57) for the planting of trees at Bain Park and on City streets, and Twenty Six Thousand Nine Hundred Ninety-Nine
Dollars and Twenty Nine Cents ($26,999.29) for the planting of trees at Tri-City Park. The Program provides ninety-five
percent (95%) reimbursement for project costs, requiring the applicant to first expend funds and then request reimbursement
from Cuyahoga County. The required five percent (5%) local match will be provided from the General Fund (Fund 100), in-
kind labor, and materials.
In 2020, the City successfully completed a tree planting and planning project with 2019 HUTCG funding, including the
planting of twenty-two (22) trees on Lorain Road and the completion of the Street Tree Management Plan. It is the intent of
the City to implement the Plan and continue expanding tree canopy responsibly through the 2021 HUTCG program.
The City Administration respectfully requests passage of the proposed legislation on Monday, May 17, 2021 in order to
accept HUTCG funds and return the grant agreements to Cuyahoga County by the June 7 deadline.
cc: Mary Kay Costello, Director of Public Service & Development
Timothy Riley, Law Director
Gregory Cingle, Finance Director
Liz Westbrooks, City Council Clerk
(440) 330-2200 (City Hall) www.fairviewpark.orgCITY OF FAIRVIEW PARK
ORDINANCE NO. 21-27
REQUESTED BY: MARY KAY COSTELLO, DIRECTOR OF PUBLIC SERVICE &
DEVELOPMENT
SPONSORED BY: COUNCILMAN MINEK
CO-SPONSORED BY: COUNCILWOMAN KING
AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE &
DEVELOPMENT TO ENGAGE MACKAY ENGINEERING AND THEIR RESPECTIVE
CONSULTING EXPERTS TO ASSESS EROSION IN COE CREEK IN BAIN PARK
WHEREAS, Coe Creek collects storm water from neighborhoods throughout Fairview
Park as well as communities adjacent to Fairview Park that travel to the Rocky River; and
WHEREAS, Coe Creek is an important conveyor of storm water for Fairview Park and
must be managed accordingly; and
WHEREAS, it has come to the City’s attention that various areas of Coe Creek are causing
erosion that threatens the health, safety and welfare of visitors and the land in Bain Park.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FAIRVIEW PARK, COUNTY OF CUYAHOGA AND STATE OF OHIO:
SECTION 1. That the consulting engineers at Mackay Engineering & Surveying will use
consultants to assess erosion areas in Bain Park and provide preliminary plans and
recommendations for remediation.
SECTION 2. That these costs, not to exceed $18,790.00, to assess the erosion areas shall
be paid out of the Sewer Fund (510).
SECTION 3. It is found and determined that all formal actions of this Council concerning
and relating to the adoption 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
action were in meetings open to the public in compliance with all legal requirements.
SECTION 4. That this ordinance is hereby declared to be an emergency measure necessary
for the preservation of the public peace, health, safety and welfare and provide for the services in
a timely manner, and for the further reason that it is necessary to provide funds for assessing
erosion to protect the health, safety and welfare of visitors at Bain Park, the land in Bain Park, and
private property owners adjacent to Bain Park in the City of Fairview Park and, provided it receives
the affirmative vote of a majority plus one of the members elected to Council, it shall take effect
and be in force immediately upon its passage and approval by the Mayor, otherwise from and after
the earliest period allowed by law.
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