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2007-04-18.txt
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The City Record
Official Publication of the Council of the City of Cleveland
April the Eighteenth, Two Thousand and Seven
Frank G. Jackson
Mayor
The City Record is available online at
www.clevelandcitycouncil.org
Martin J. Sweeney
President of Council
Emily Lipovan
City Clerk, Clerk of Council
Ward
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21
Name
Nina Turner
Robert J. White
Zachary Reed
Kenneth L. Johnson
Phyllis E. Cleveland
Patricia J. Britt
Fannie M. Lewis
Sabra Pierce Scott
Kevin Conwell
Roosevelt Coats
Michael D. Polensek
Anthony Brancatelli
Joe Cimperman
Joseph Santiago
Brian J. Cummins
Kevin J. Kelley
Matthew Zone
Jay Westbrook
Dona Brady
Martin J. Sweeney
Martin J. Keane
Containing
PAGE
City Council
The Calendar
Board of Control
Civil Service
Board of Zoning Appeals
Board of Building Standards
and Building Appeals
Public Notice
Public Hearings
City of Cleveland Bids
Adopted Resolutions
and Ordinances
Committee Meetings
Index
3
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18
20
30
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32
33
DIRECTORY OF CITY OFFICIALS
CITY COUNCIL – LEGISLATIVE
President of Council – Martin J. Sweeney
Ward
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5
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20
21
Name
Residence
Nina Turner..................................................16204 Sunny Glen Avenue
44128
Robert J. White .................................................9703 Cardwell Avenue
44105
Zachary Reed .....................................................3734 East 149th Street
44120
Kenneth L. Johnson...............................................2948 Hampton Road
44120
Phyllis E. Cleveland .............................................2369 East 36th Street
44105
Patricia J. Britt........................................................12402 Britton Drive
44120
Fannie M. Lewis.........................................................7416 Star Avenue
44103
Sabra Pierce Scott.................................................1136 East 98th Street
44108
Kevin Conwell ..................................................10647 Ashbury Avenue
44106
Roosevelt Coats ....................................................1775 Cliffview Road
44112
Michael D. Polensek..............................................17855 Brian Avenue
44119
Anthony Brancatelli..................................................6924 Ottawa Road
44105
Joe Cimperman....................................................3053 West 12th Street
44113
Joseph Santiago ...................................................3169 West 14th Street
44109
Brian J. Cummins ............................................3104 Mapledale Avenue
44109
Kevin J. Kelley ..............................................6608 Woodhaven Avenue
44144
Matthew Zone .....................................................1228 West 69th Street
44102
Jay Westbrook ...................................................1278 West 103rd Street
44102
Dona Brady ..........................................................1272 West Boulevard
44102
Martin J. Sweeney.............................................3632 West 133rd Street
44111
Martin J. Keane......................................................15907 Colletta Lane
44111
City Clerk, Clerk of Council – Emily Lipovan, 216 City Hall, 664–2840
First Assistant Clerk – Sandra Franklin
MAYOR – Frank G. Jackson
Ken Silliman, Secretary to the Mayor, Chief of Staff
Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer
Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs
Tracy Y. Martin, Executive Assistant to the Mayor, Chief of Education
Maureen Harper, Executive Assistant to the Mayor, Chief of Communications
Andrea V. Taylor, Executive Assistant to the Mayor, Press Secretary
Debra Linn Talley, Director, Office of Equal Opportunity
DEPT. OF LAW – Robert J. Triozzi, Director, Richard F. Horvath, Chief Corporate Counsel,
Thomas J. Kaiser, Chief Trial Counsel, Barbara A. Langhenry, Chief Counsel, Rm. 106
Karen E. Martines, Law Librarian, Room 100
DEPT. OF FINANCE – Sharon Dumas, Director, Room 104;
Frank Badalamenti, Manager, Internal Audit
DIVISIONS: Accounts – Richard W. Sensenbrenner, Commissioner, Room 19
Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122
City Treasury – Algeron Walker, Treasurer, Room 115
Financial Reporting and Control – James Gentile, Controller, Room 18
Information Technology and Services – Douglas Divish, Commissioner, 205 W. St. Clair
Avenue
Purchases and Supplies – James E. Hardy, Commissioner, Room 128
Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue
Taxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue
DEPT. OF PUBLIC UTILITIES – Julius Ciaccia, Director, 1201 Lakeside Avenue
DIVISIONS – 1201 Lakeside Avenue
Cleveland Public Power – Ivan Henderson, Commissioner
Street Lighting Bureau – ______________, Acting Chief
Utilities Fiscal Control – Dennis Nichols, Commissioner
Water – John Christopher Nielson, Commissioner
Water Pollution Control – Ollie Shaw, Commissioner
DEPT. OF PORT CONTROL – Ricky D. Smith, Director
Cleveland Hopkins International Airport, 5300 Riverside Drive
Burke Lakefront Airport – Khalid Bahhur, Commissioner
Cleveland Hopkins International Airport – Fred Szabo, Commissioner
DEPT. OF COMMUNITY DEVELOPMENT – Daryl Rush, Director, 3rd Floor, City Hall
DIVISIONS: Administrative Services – Terrence Ross, Commissioner
Neighborhood Services – Louise V. Jackson, Commissioner
Neighborhood Development – Joseph A. Sidoti, Commissioner
DEPT. OF BUILDING AND HOUSING – Edward W. Rybka, Director, Room 500
DIVISIONS: Code Enforcement – Tyrone L. Johnson, Commissioner
Construction Permitting – Timothy R. Wolosz, Commissioner
DEPT. OF PERSONNELAND HUMAN RESOURCES – Trudy Hutchinson, Director, Room 121
DEPT. OF ECONOMIC DEVELOPMENT – Brian A. Reilly, Director, Room 210
DEPT. OF AGING – Jane Fumich, Director, Room 122
DEPT. OF CONSUMER AFFAIRS – Angel Guzman, Director
COMMUNITY RELATIONS BOARD – Room 11, Blaine Griffin, Director; Mayor Frank G.
Jackson, Chairman Ex-Officio; Rev. Charles Lucas, Jr., Vice-Chairman; Councilman
Kevin Conwell, Councilman Brian J. Cummins, Councilman Joe Santiago, Councilman
Matthew Zone, City Council Representatives; Charles L. Patton, Jr., Paula Castleberry,
Emmett Saunders, John Banno, Kathryn M. Hall, Evangeline Hardaway, Janet Jankura,
Gia Hoa Ryan, Rev. Jesse Harris, Magda Gomez, Fred J. Livingstone, Margot James
Copeland.
CIVIL SERVICE COMMISSION – Room 119, Reynaldo Galindo, President; Rev. Earl
Preston, Vice President; Lucille Ambroz, Secretary; Members: Diane M. Downing,
Michael L. Nelson.
SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Martin
J. Sweeney; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director.
BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; John
Myers, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, _____________, Secretary.
BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F.
Denk, Chairman; ____________, Arthur Saunders, Alternate Members – D. Cox, P.
Frank, E. P. O’Brien, Richard Pace, J.S. Sullivan.
BOARD OF REVISION OF ASSESSMENTS – Law Director Robert J. Triozzi, President;
Finance Director Sharon Dumas, Secretary; Council President Martin J. Sweeney.
BOARD OF SIDEWALK APPEALS – Service Director Jomarie Wasik, Law Director Robert
J. Triozzi; Councilman ______________.
BOARD OF REVIEW – (Municipal Income Tax) – Law Director Robert J. Triozzi; Utilities
Director _______________; Council President Martin J. Sweeney.
CITY PLANNING COMMISSION – Room 501 – Robert N. Brown, Director; Anthony J.
Coyne, Chairman; David Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean
Pinkney, Rev. Sam Edward Small, Council Member Joe Cimperman.
FAIR CAMPAIGN FINANCE COMMISSION – Chris Warren, C. Ellen Connally, Hillary S.
Taylor.
FAIR EMPLOYMENT WAGE BOARD – Room 210 – Gerald Meyer, Chair; Angela
Caldwell, Vice Chair; Patrick Gallagher, Kathryn Jackson, Draydean McCaleb, Council
Member ____________, Ed Romero.
FAIR HOUSING BOARD – Charles See, Chair; _________, Vice Chair; Daniel Conway, Doris
Honsa, Lisa Camacho.
HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie
Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan,
David Perkowski, Joan Shaver Washington, Keith Sutton.
CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chairman;
Clint Martin, Mark Rivera.
MORAL CLAIMS COMMISSION – Law Director Robert J. Triozzi; Chairman; Finance
Director Sharon Dumas; Council President Martin J. Sweeney; Councilman Kevin
Kelley; Councilman Nina Turner.
DEPT. OF PUBLIC SERVICE – Jomarie Wasik, Director, Room 113
DIVISIONS: Architecture – Kurt Wiebusch, Commissioner, Room 517
Engineering and Construction – Randall E. DeVaul, Commissioner, Room 518
Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard Yards
Streets – Randell T. Scott, Commissioner, Room 25
Traffic Engineering – Robert Mavec, Commissioner, 4150 East 49th Street, Building #1
Waste Collection and Disposal – Ron Owens, Commissioner, 5600 Carnegie Avenue
POLICE REVIEW BOARD – Thomas Jones, Board Chair Person; Vernon Collier, Vermel
Whalen, Nancy Cronin, Elvin Vauss.
DEPT. OF PUBLIC HEALTH – Matt Carroll, Director, Mural Building, 1925 St. Clair Ave.
DIVISIONS: Air Quality – Richard L. Nemeth, Commissioner
Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd.
Environment – Willie Bess, Commissioner, Mural Building, 1925 St. Clair Ave.
Health – Anjou Parekh, Commissioner, Mural Building, 1925 St. Clair Ave.
DEPT. OF PUBLIC SAFETY – Martin Flask, Director, Room 230
DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th Street
Emergency Medical Service – Edward Eckart, Commissioner, 1708 South Pointe Drive
Fire – Paul A. Stubbs, Chief, 1645 Superior Avenue
Police – Michael C. McGrath, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street
DEPT. OF PARKS, RECREATION & PROPERTIES – Michael Cox, Director
Cleveland Convention Center, Clubroom A, 1220 East 6th Street
DIVISIONS: Convention Center & Stadium – James Glending, Commissioner
Public Auditorium, East 6th Street and Lakeside Avenue
Parking Facilities – Leigh Stevens, Commissioner
Public Auditorium, East 6th Street and Lakeside Avenue
Park Maintenance and Properties – Richard L. Silva, Commissioner
Public Auditorium – East 6th Street and Lakeside Avenue
Property Management – Tom Nagle, Commissioner, East 49th Street & Harvard
Recreation – Kim Johnson, Commissioner, Room 8
Research, Planning & Development – Mark Fallon, Commissioner, 1501 N. Marginal Road
Burke Lakefront Airport
AUDIT COMMITTEE – Robert Rawson, Chairman; Yvette Ittu, Debra Janik, Bracy Lewis,
Don Neebes, Council President Martin J. Sweeney; Law Director Robert J. Triozzi.
CLEVELAND LANDMARKS COMMISSION – Room 519 – India Pierce Lee, Chair;
Laura M. Noble, Vice Chair; Robert Brown, Thomas Coffey, Jennifer Coleman, Lee,
Michael Rastatter, Jr., John Torres, Ari Maron, N. Kurt Wiebusch, Council Member Joe
Cimperman, Robert Jackimowicz; Robert Keiser, Secretary.
CLEVELAND MUNICIPAL COURT
JUSTICE CENTER – 1200 ONTARIO STREET
JUDGE COURTROOM ASSIGNMENTS
Judge
Courtroom
Presiding and Administrative Judge Larry A. Jones
14B
Judge Ronald B. Adrine
15A
Judge Emanuella Groves
13A
Judge Kathleen Ann Keough
13D
Judge Anita Laster Mays
14C
Judge Lauren C. Moore
14A
Judge Charles Patton, Jr.
12B
Judge Raymond L. Pianka (Housing Court Judge)
13B
Judge Michael Ryan
12A
Judge Angela R. Stokes
15C
Judge Joan Synenberg
13C
Judge Pauline H. Tarver
12C
Judge Joseph J. Zone
14D
Earle B. Turner – Clerk of Courts, Michael E. Flanagan – Court Administrator, Paul J. Mizerak – Bailiff;
Regina Daniel – Chief Probation Officer, Gregory F. Clifford – Chief Magistrate
The City Record
OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND
WEDNESDAY, APRIL 18, 2007
Vol. 94
No. 4871
CITY COUNCIL
MONDAY, APRIL 16, 2007
The City Record
Published weekly by the City Clerk,
Clerk of Council under authority
of the Charter of the
City of Cleveland
The City Record is available
online at
www.clevelandcitycouncil.org
Address all communications to
EMILY LIPOVAN
City Clerk, Clerk of Council
216 City Hall
PERMANENT SCHEDULE
STANDING COMMITTEES
OF THE COUNCIL
2006-2009
MONDAY—Alternating
9:30 A.M. — Public Parks, Property & Recreation Committee: Johnson, Chair; White, Vice Chair; Brancatelli, Cummins, Kelley, Polensek,
Turner.
9:30 A.M. — Health & Human Services
Committee:
Britt,
Chair;
Cleveland, Vice Chair; Conwell,
Kelley,
Reed,
Santiago,
Westbrook.
11:00 A.M. — Public Service Committee: Brady, Chair; Turner, Vice
Chair; Cleveland, Cummins, Johnson,
Polensek,
Reed,
Santiago,
White.
11:00 A.M. — Legislation Committee: Cleveland, Chair; Keane, Vice
Chair; Cimperman, Lewis, Pierce
Scott, Reed, White.
MONDAY
2:00 P.M. — Finance Committee:
Sweeney, Chair; Cimperman, Vice
Chair;
Brady,
Brancatelli,
Britt,
Coats, Conwell, Pierce Scott, Westbrook, White, Zone.
TUESDAY
9:30 A.M. — Community and Economic Development Committee: Pierce
Scott, Chair; Brancatelli, Vice Chair;
Brady, Cimperman, Cummins, Coats,
Lewis, Westbrook. Zone.
1:30 P.M. — Employment, Affirmative Action & Training Committee:
Lewis, Chair; Santiago, Vice Chair;
Brancatelli, Coats, Conwell, Johnson, Turner.
WEDNESDAY—Alternating
10:00 A.M. — Aviation & Transportation Committee: Kelley, Chair;
Westbrook, Vice Chair; Brancatelli,
Britt, Cleveland, Keane, Turner.
10:00 A.M. — Public Safety Committee: Conwell, Chair; Brady, Vice
Chair; Britt, Coats, Cummins, Kelley, Polensek, Santiago, Turner.
WEDNESDAY—Alternating
1:30 P.M. — Public Utilities Committee: Zone, Chair; Reed, Vice Chair;
Cleveland, Cummins, Keane, Kelley,
Polensek, Santiago, Westbrook.
1:30 P.M. — City Planning Committee: Cimperman, Chair, Westbrook, Vice Chair, Conwell, Keane,
Lewis, Reed, Zone.
The following Committees are
subject to the Call of the Chair:
Rules Committee: Sweeney, Chair;
Cleveland,
Kelley,
Pierce
Scott,
Polensek.
Personnel and Operations Committee: Sweeney, Chair; Britt, Kelley,
Pierce Scott, Santiago, Westbrook,
White.
Mayor’s Appointment Committee:
Coats, Chair; Pierce Scott, Kelley,
Sweeney, Westbrook.
OFFICIAL PROCEEDINGS
CITY COUNCIL
______________
Kenneth L. Johnson
Recreation Center
9206 Woodland Avenue
Ward 4
Cleveland, Ohio
Monday, April 16, 2007
The meeting of the Council was
called to order, The President, Martin J. Sweeney, in the Chair.
Council Members present: Brady,
Brancatelli, Britt, Cimperman, Cleveland,
Coats,
Conwell,
Cummins,
Johnson,
Keane,
Kelley,
Lewis,
Polensek, Reed, Santiago, Pierce
Scott, Sweeney, Turner, Westbrook,
White and Zone.
Also present were Ken Silliman,
Chief of Staff; Darnell Brown, Chief
Operating Officer; Valarie J. McCall,
Chief of Government Affairs; Tracy
Y. Martin Chief of Education; Maureen Harper, Chief of Communications; Andrea V. Taylor, Press Secretary; Debra Linn Talley, Director
of Equal Opportunity and Directors
Triozzi, Smith, Wasik, Carroll, Rush,
Hutchinson, Reilly, Fumich, Guzman, Griffin, Brown and Teresa
Stevenson, Special Assistant to the
Mayor for Legislative Affairs.
Pursuant to Ordinance No. 2926-76
prayer was offered by Pastor Dale
Snyder of Quinn Chapel A.M.E.
Church, located at 3241 East 130th
Street in Ward 4. Pledge of Allegiance.
631
MOTION
On the motion of Council Member
Johnson, the reading of the minutes
of the last meeting were dispensed
with and the journal approved. Seconded by Council Member Polensek.
COMMUNICATIONS
File No. 602-07.
April 16, 2007
Sandra Franklin
First Assistant Clerk
Cleveland City Council
601 Lakeside Avenue
Cleveland, Ohio 44114
Dear Ms. Franklin:
For such time as Clerk Emily Lipovan is absent during April, 2007, you
are hereby requested to serve as
Clerk of Council Pro Tempore for
the purposes of any and all Council
meetings and to sign any documents
requiring the Clerk’s signature.
Your assistance is appreciated.
Sincerely
Martin J. Sweeney, President
Cleveland City Council
Received.
COMMUNICATIONS
File No. 603-07.
From Mayor Frank G.
letter regarding results
gations from the Public
partment and Office of
portunity. Received.
Jackson —
of investiSafety DeEqual Op-
File No. 604-07.
From The Vanguards of Cleveland
— Organizational Board Change.
Received.
File No. 605-07.
From
National
City
Bank
—
Leonard C. Hanna Jr. Fund — The
Cleveland Mall Plaza Beautification
Fund. Received.
File No. 606-07.
From The Department of Port
Control — Residential Sound Insulation Program waiting for the first
quarter of 2007 — pursuant to Ordinance No. 2318-2000. Received.
File No. 607-07.
From the City of Macedonia —
Resolution No. 32-2007 regarding
opposition to the quarterly customer
service charge imposed by the City
of Cleveland on water bills. Received.
The City Record
4
File No. 608-07.
From the City of Maple Heights
— Resolution No. 2007-24 regarding
opposition to the quarterly customer
service charge imposed by the City
of Cleveland on water bills. Received.
File No. 609-07.
From the City of Independence —
Resolution No. 2007-57 regarding opposition to the quarterly customer
service charge imposed by the City
of Cleveland on water bills. Received.
FROM DEPARTMENT OF
LIQUOR CONTROL
File No. 610-07.
Re: Transfer of Ownership Application — 66218260010 — PMT LTD,
1261 West 76th Street & patio.
(Ward 17). Received.
File No. 611-07.
Re: Transfer of Ownership Application — 9148958 — Underground
Entertainment, Inc., d.b.a. Underground, 75 Public Square, Suite B100. (Ward 13). Received.
File No. 612-07.
Re: Transfer of Ownership Application — 2867178 — Francies
Food’s, Inc., 7001 Kinsman Road.
(Ward 5). Received.
File No. 613-07.
Re: Transfer of Ownership Application — 6549350 — 1905, Inc., d.b.a.
Grandpa’s Kitchen, 1905 East 55th
Street. (Ward 7). Received.
File No. 614-07.
Re: Transfer of Ownership Application — 5120787 — Lena Mart, Inc.,
8701 Lake Avenue, first floor and
basement. (Ward 18). Received.
File No. 615-07.
Re: Transfer of Ownership Application — 4418380 — KB & BB Enterprises, Inc., d.b.a. The Next Level
Bar & Lounge, first and second
floors and basement front, 4105
Clark Avenue. (Ward 14). Received.
File No. 616-07.
Re: Transfer of Ownership and
Location Application — 00895360005
— ALB1, Inc., d.b.a. West Sixth Market, 1313 West 6th Street, first floor
and Basement. (Ward 13). Received.
File No. 617-07.
Re: Transfer of Ownership and
Location Application — 9751548 —
Wonder Bar Cleveland LLC, 2044
East Fourth Street. (Ward 13). Received.
File No. 618-07.
Re: Stock Transfer Application —
4618591 — Khalaf Star Market, Inc.,
d.b.a. Star Market, 3371 West 98th
Street & basement. (Ward 18). Received.
PLAT
File No. 619-07.
Additional Right-of-Way for West
25th Street, Sackett Court, & West
23rd
Place
—
Dedication
Plat.
(Ward 14).
Approved by Public Service and
City Planning Committees.
Without objection, plat approved.
Yeas 21. Nays 0.
CONDOLENCE RESOLUTIONS
The rules were suspended and the
following Resolutions were adopted
by a rising vote:
Res. No. 620-07—Jack Cross III.
Res. No. 621-07—Michael E. Pipoly.
Res. No. 622-07 — Effie Evelyn
Nelms Rasberry.
Res. No. 623-07—Jeanne E. Olsen.
Res. No. 624-07—Jan Kaye Fryerson.
Res. No. 625-07—Marshall Woodrow Arnold.
Res. No. 626-07 — Furman Brown,
Jr.
Res. No. 627-07—Viola Josephine
(Robinson) Workman.
Res. No. 628-07—Anthony “Tony”
Moses.
Res. No. 629-07—Robert Anderson.
Res. No. 630-07—Carmen Guess.
CONGRATULATION RESOLUTIONS
The rules were suspended and the
following Resolutions were adopted
without objection:
Res. No. 631-07—Commander Andrés
Gonzalez.
Res. No. 632-07 — St. Matthew
United Methodist Church.
Res. No. 633-07 — Dr. Herbert
Gater, Jr.
RECOGNITION RESOLUTION
The rules were suspended and the
following Resolution was adopted
without objection:
Res. No. 634-07 — Karen & Bob
Gross/founders of TransFamily.
WELCOME RESOLUTION
The rules were suspended and the
following Resolution was adopted
without objection:
Res. No. 635-07—Jeff Majors.
FIRST READING EMERGENCY
ORDINANCES REFERRED
Ord. No. 568-07.
By Council Members Westbrook
and Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Finance, on
behalf of the Cleveland Municipal
Court, to lease property at 1449 West
117th Street from Montlack Realty,
or their designees, for a term not to
exceed three years, with three oneyear options to renew, for the purpose of providing office space for
the Adult Probation Program of the
Cleveland Municipal Court.
Whereas, the City of Cleveland
requires certain property located at
1449 West 117th Street for the public purpose of providing office space
for the Adult Probation Program of
the Cleveland Municipal Court to
furnish probationary services to the
neighborhood; and
632
April 18, 2007
Whereas, Montlack Realty, or their
designees, has proposed to lease the
property to the City of Cleveland; and
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That notwithstanding
and as an exception to the provisions of Chapters 181 and 183 of the
Codified Ordinances of Cleveland,
Ohio, 1976, the Director of Finance,
on behalf of the Cleveland Municipal Court, is authorized to lease
from Montlack Realty, or their
designees, certain property more
fully described as follows: Building
1, Space A, at 1449 West 117th Street,
consisting of approximately 4,251
square feet, for office space for the
Adult Probation Program of the
Cleveland Municipal Court.
Section 2. That the term of the
lease authorized shall not exceed
three years, with three one-year
options to renew, exercisable by the
Director of Finance.
Section 3. That the rent for the
lease authorized shall be Four Thousand Nine Hundred Eighty-Nine Dollars per month during the initial
three-year term.
Section 4. That the lease may
authorize the City to make improvements to the leased premises under
terms to be determined by the parties consistent with the public purpose of providing office space for
the Adult Probation Program of the
Cleveland Municipal Court to furnish probationary services to the
neighborhood.
Section 5. That the lease may provide for the City’s payment of appropriate utility and other operating
costs of the leased premises.
Section 6. That the lease shall be
prepared by the Director of Law.
Section 7. That the Director of
Finance, on behalf of the City of
Cleveland, and the Director of Law,
and other appropriate City officials,
are authorized to execute other documents and certificates, and take
other actions necessary or appropriate to effect the lease authorized by
this ordinance.
Section 8. That the costs of the
lease authorized shall be paid from
Fund No. 10 SF 085, subject to annual appropriation, Request No. 176409.
Section 9. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Referred to Directors of Finance,
Law; Committee on Finance.
Ord. No. 569-07.
By Council Member Sweeney (by
departmental request).
An emergency ordinance authorizing payment of membership dues of
the City of Cleveland in various professional organizations.
April 18, 2007
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Finance is authorized to cause payment of 2007 membership dues of
the City of Cleveland to be made to
the Ohio Municipal League, NOACA,
Mayors and Managers Association,
U.S. Conference of Mayors, National
League of Cities, Greater Cleveland
Partnership,
and
the
Downtown
Development Corporation. The membership dues for the Ohio Municipal
League will include forty-five subscriptions to Cities and Village Magazine.
Section 2. That the payment for
the dues and subscriptions shall
be paid from Fund Nos. 01-999800623100, 01-999800-623200, 01-999800-623300,
01-999800-623700, 01-999800-623800, 01999800-624300, and 01-999800-624600,
Request No. 146293.
Section 3. That this ordinance is
hereby declared to be an emergency
measure and, provided it receives
the affirmative vote of two-thirds of
all the members elected to Council,
it shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Referred to Directors of Finance,
Law; Committee on Finance.
Ord. No. 570-07.
By Council Member Sweeney (by
departmental request).
An emergency ordinance authorizing the purchase by one or more
requirement contracts of various
laboratory, medical, pharmaceutical
supplies and equipment, and nursing
supplies for the various divisions of
City government.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Finance is authorized to make one
or more written requirement contracts under the Charter and the
Codified Ordinances of Cleveland,
Ohio, 1976, for the requirements for
a one or two year period of the necessary items of various laboratory,
medical,
pharmaceutical
supplies
and equipment, and nursing supplies, in the estimated sum of
$350,000 for a one year period, to be
purchased by the Commissioner of
Purchases and Supplies on a unit
basis for the various divisions of
City government. Bids shall be taken
in a manner that permits an award
to be made for all items as a single
contract, or by separate contract for
each or any combination of the items
as the Board of Control determines.
Alternate bids for a period less than
the specified term may be taken if
desired by the Commissioner of Purchases and Supplies until provision
is made for the requirements for the
The City Record
entire term. The Director of Finance
is authorized to enter into one or
more contracts with a term of two
years instead of one year when there
is a financial advantage to the City.
For purposes of this ordinance, a
financial advantage shall be determined by the Director of Finance by
comparing the bids received for both
terms.
Section 2. That the costs of the
contract
or
contracts
shall
be
charged against the proper appropriation accounts and the Director
of Finance shall certify the amount
of the initial purchase, which purchase, together with all later purchases, shall be made on order of
the Commissioner of Purchases and
Supplies under a requisition against
the contract or contracts certified by
the Director of Finance. (RL 118777)
Section 3. That under Section
108(b) of the Charter, the purchases
authorized by this ordinance may be
made through cooperative agreements using state procedures. The
Director of Finance may sign all
documents with the State of Ohio or
any of its political subdivisions that
are necessary to make the purchases, and may enter into one or more
contracts with the vendors selected
through that cooperative process.
Section 4. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Referred to Directors of Finance,
Law; Committee on Finance.
Ord. No. 571-07.
By Council Member Sweeney (by
departmental request).
An emergency ordinance authorizing the purchase by one or more
requirement contracts of welding
equipment, supplies, and materials
for the various divisions of City
government.
Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of
a municipal department; now, therefore,
Be it ordained by the Council of
the City of Cleveland:
Section 1. That the Director of
Finance is authorized to make one
or more written requirement contracts under the Charter and the
Codified Ordinances of Cleveland,
Ohio, 1976, for the requirements for
a one or two year period of the necessary items of welding equipment,
supplies, and materials, in the estimated sum of $85,000 for a one year
period, to be purchased by the Commissioner of Purchases and Supplies
on a unit basis for the various divisions of City government. Bids shall
be taken in a manner that permits
an award to be made for all items
as a single contract, or by separate
contract for each or any combination of the items as the Board of
Control determines. Alternate bids
for a period less than the specified
633
5
term may be taken if desired by the
Commissioner of Purchases and Supplies until provision is made for the
requirements for the entire term.
The Director of Finance is authorized to enter into one or more contracts with a term of two years
instead of one year when there is a
financial advantage to the City. For
purposes of this ordinance, a financial advantage shall be determined
by the Director of Finance by comparing the bids received for both
terms.
Section 2. That the costs of the
contract
or
contracts
shall
be
charged against the proper appropriation accounts and the Director
of Finance shall certify the amount
of the initial purchase, which purchase, together with all later purchases, shall be made on order of
the Commissioner of Purchases and
Supplies under a requisition against
the contract or contracts certified by
the Director of Finance. (RL 118776)
Section 3. That under Section
108(b) of the Charter, the purchases
authorized by this ordinance may be
made through cooperative agreements using state procedures. The
Director of Finance may sign all
documents with the State of Ohio or
any of its political subdivisions that
are necessary to make the purchases, and may enter into one or
more contracts with the vendors
selected through that cooperative
process.
Section 4. That this ordinance is
declared to be an emergency measure and, provided it receives the
affirmative vote of two-thirds of all
the members elected to Council, it
shall take effect and be in force
immediately upon its passage and
approval by the Mayor; otherwise it
shall take effect and be in force
from and after the earliest period
allowed by law.
Referred to Directors of Finance,
Law; Committee on Finance.
Ord. No. 572-07.
By Council Members Zone and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Utilities
to execute a Power Schedule, amending and restating the Power Schedule, dated as of January 1, 2006,
between American Municipal PowerOhio, Inc. (“AMP-Ohio”) and the
City of Cleveland, and relating to
the purchase by the City from AMPOhio of power and associated energy available to AMP-Ohio pursuant
to a long term purchase by AMPOhio from J. Aron & Company (“J.
Aron”).
Whereas, the City of Cleveland
owns and operates an electric utility system, Cleveland Public Power,
for the sale of electric power and
associated energy for the benefit of
its citizens and taxpayers; and
Whereas, in order to satisfy the
electric power and energy requirements of its electric utility system,
the City of Cleveland has purchased
economical and reliable power and
energy from AMP-Ohio, of which
the City is a Member, or has purchased power arranged by AMPOhio; and
6
Whereas, the City of Cleveland,
acting individually and along with
other municipalities which own and
operate electric utility systems jointly through AMP-Ohio, endeavors to
arrange
for
reliable,
reasonably
priced supplies of electric power and
energy for ultimate delivery to its
customers; and
Whereas, the City of Cleveland
has executed a Master Services
Agreement with AMP-Ohio which
sets forth the general terms and
conditions
for
the
provision
of
power supply and other services by
AMP-Ohio to the City; and
Whereas, AMP-Ohio has acquired
by contract with J. Aron (the “Original J. Aron Contract”) economical
long-term power and energy which
has been made available for resale
to certain AMP-Ohio Members, including
the
City
of
Cleveland
(“Municipalities”), on a long-term
basis; and
Whereas, under the authority of
Ordinance No. 244-06, passed March
20, 2006, the City of Cleveland previously determined that it could beneficially utilize a portion of such
energy and executed an agreement
(the “Original Power Schedule) with
AMP-Ohio for a share of the power
and energy from the Original J.
Aron Contract at the stated contract
price to the City of $0.04455 per
kWh, excluding taxes, transmission
costs, replacement power and AMPOhio service fees (the “Contract
Price”); and
Whereas, AMP-Ohio is renegotiating the terms of the Original J. Aron
Contract for purposes of prepaying
all or a portion of AMP-Ohio’s obligations under the Original J. Aron
Contract, in a discounted lump sum
(the “Prepayment”), in exchange for
a reduction in the Contract Price;
and
Whereas, the amount of the Prepayment will correspond to the
shares of power and energy of the
City of Cleveland and Municipalities
authorizing power schedules substantially