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The City Record
Official Publication of the Council of the City of Cleveland
April the Twenty-Fifth, 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
15
15
17
17
18
20
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20
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28
28
DIRECTORY OF CITY OFFICIALS
CITY COUNCIL – LEGISLATIVE
President of Council – Martin J. Sweeney
Ward
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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
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
Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd.
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 25, 2007
Vol. 94
No. 4872
CITY COUNCIL
MONDAY, APRIL 23, 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.
10:00 A.M. — Public Safety Committee: Conwell, Chair; Brady, Vice
Chair; Britt, Coats, Cummins, Kelley, Polensek, Santiago, Turner.
with and the journal approved. Seconded by Council Member Keane.
WEDNESDAY—Alternating
File No. 665-07.
From the Board of Control — Resolution No. 184-07 regarding establishment of the Division of Correction in the Department of Public
Safety. Received.
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
______________
Cleveland, Ohio
Monday, April 23, 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, Sweeney,
Turner, Westbrook, White and Zone.
Also present were Mayor Frank G.
Jackson; Ken Silliman, Chief of
Staff; 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, Ciaccia, Smith, Wasik, Carroll,
Flask,
Cox,
Rush,
Rybka,
Hutchinson, Reilly, Guzman, Griffin,
Brown and Teresa Stevenson, Special Assistant to the Mayor for Legislative Affairs.
COMMUNICATIONS
File No. 666-07.
From the City of Parma — Resolution No. 93-07 regarding opposition
to the quarterly customer service
charge imposed by the City of Cleveland on water bills. Received.
File No. 667-07.
From
the
City
of
Broadview
Heights — Resolution No. 07-16 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. 668-07.
Re: Transfer of Ownership Application — 9555901 — Whateveryacallit, Inc., d.b.a. Chuckie Market, 3661
East 93rd Street, first floor and
basement. (Ward 2). Received.
File No. 669-07.
Re: Transfer of Ownership Application — 8701907 — Superior Convenience Foods, Inc., d.b.a. Superior
Food Mart, 12333 Superior Avenue.
(Ward 9). Received.
File No. 670-07.
Re: Transfer of Ownership Application — 7027163 — Porcellis Bistro,
Inc., d.b.a. Porcellis Bistro, 1850-78
East Sixth Street, first floor. (Ward
13). Received.
File No. 671-07.
Re: Transfer of Ownership Application — 1206301 — Cami Hotel
Investments, LLC, d.b.a. Holiday
Inn, 1111 Lakeside Avenue. (Ward
13). Received.
STATEMENT OF WORK
ACCEPTED
Pursuant to Ordinance No. 2926-76
prayer was offered by Pastor Jose
Reyes of Iglesia Nueva Vioa, located at 2327 Holmden Avenue in Ward
14. Pledge of Allegiance.
File No. 672-07.
From the Department of Public
Utilities — Contract No. 59076 —
Warrensville/Broadway Water Main,
Section II. Received.
MOTION
File No. 673-07.
From the Department of Public
Service — Contract No. 66404 — City
Hall — Financial Reporting & Control Renovation. Received.
WEDNESDAY—Alternating
10:00 A.M. — Aviation & Transportation Committee: Kelley, Chair;
Westbrook, Vice Chair; Brancatelli,
Britt, Cleveland, Keane, Turner.
On the motion of Council Member
Kelley, the reading of the minutes
of the last meeting were dispensed
675
The City Record
4
File No. 674-07.
From the Department of Public
Service — Contract No. 66470 —
Room 505 Interior Renovations. Received.
CONDOLENCE RESOLUTIONS
The rules were suspended and the
following Resolutions were adopted
by a rising vote:
Res.
Jr.
Res.
Jones,
Res.
Res.
No. 675-07—Robert Anderson,
No. 676-07 — Jake Bernard
Jr.
No. 677-07—Mary Marable.
No. 678-07—Mary Petric.
CONGRATULATION RESOLUTIONS
The rules were suspended and the
following Resolutions were adopted
without objection:
Res. No. 679-07—Patricia Rae Marshall Mosely.
Res. No. 680-07 — Mt. Pleasant
Community Council.
RECOGNITION RESOLUTION
The rules were suspended and the
following Resolution was adopted
without objection:
Res. No. 681-07—Eugene Bak.
FIRST READING EMERGENCY
ORDINANCES REFERRED
Ord. No. 636-07.
By Council Member Sweeney (by
departmental request).
An emergency ordinance authorizing the purchase by one or more
requirement contracts of paper and
envelopes, for the Division of Printing and Reproduction, Department
of Finance.
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
the term of one year of the necessary items of various paper and
envelopes,
in
the
approximate
amount as purchased during the preceding term, to be purchased by the
Commissioner of Purchases and Supplies on a unit basis for the Division of Printing and Reproduction,
Department of Finance. 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 deemed desirable by the Commissioner of Purchases and Supplies until provision
is made for the requirements for the
entire term.
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 177116)
Section 3. 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. 637-07.
By Council Members Zone and
Sweeney (by departmental request).
An emergency ordinance authorizing the purchase by one or more
requirement contracts of grounds
maintenance equipment and transportation trailers, including labor
and materials for maintaining and
repairing existing equipment, for
the Division of Water, Department
of Public Utilities.
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
Public Utilities 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
grounds maintenance equipment and
transportation
trailers,
including
labor and materials for maintaining
and repairing existing equipment, in
the estimated sum of $64,000 per
year, to be purchased by the Commissioner of Purchases and Supplies
on a unit basis for the Division of
Water, Department of Public Utilities. 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 entire term.
The Director of Public Utilities 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 Public Utilities 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
676
April 25, 2007
the Commissioner of Purchases and
Supplies under a requisition against
the contract or contracts certified by
the Director of Finance. (RL 177281)
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 Public Utilities 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 Public
Utilities, Finance, Law; Committees
on Public Utilities, Finance.
Ord. No. 638-07.
By Council Members Zone and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Utilities
to enter into one or more contracts
with Youth Opportunities Unlimited
for the administration, implementation, and management of the 2007
Cleveland Youth Summer Employment Program.
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
Public Utilities is authorized to
enter into one or more contracts
with Youth Opportunities Unlimited
for the administration, implementation, and management of the 2007
Cleveland Youth Summer Employment Program, which will include
painting fire hydrants and other
assignments.
Section 2. That the cost of the contract or contracts authorized shall
not exceed $348,704.23 and be paid
from Fund Nos. 52 SF 001 and 54 SF
001, Request No. 173601.
Section 3. 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 Public
Utilities, Finance, Law; Committees
on Public Utilities, Finance.
Ord. No. 639-07.
By Council Members Brady and
Sweeney (by departmental request).
An emergency ordinance authorizing the purchase by one or more
requirement contracts of traffic signal and pavement marking equipment, including but not limited to
April 25, 2007
poles, signals, controllers, aluminum, sign blanks, traffic paint,
beads, hardware, related incidental
supplies and materials, and labor
when necessary, for the Division of
Traffic Engineering, Department of
Public Service.
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
Public Service 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
the period of one year or two years
of the necessary items of traffic signal and pavement marking equipment, including but not limited to
poles,
signals,
controllers,
aluminum, sign blanks, traffic paint,
beads, hardware, related incidental
supplies and materials, and labor
when necessary, in the approximate
amount as purchased during the preceding term, to be purchased by the
Commissioner of Purchases and Supplies on a unit basis for the Division of Traffic Engineering, Department of Public Service. 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 entire term.
The Director of Public Service 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 Public Service 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 171901)
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 Public Service 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
The City Record
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 Public
Service, Finance, Law; Committees
on Public Service, Finance.
Ord. No. 640-07.
By Council Members Britt, Cleveland and
Sweeney (by departmental request).
An emergency ordinance to amend
Section 141.03 of the Codified Ordinances of Cleveland, Ohio, 1976, as
amended by Ordinance No. 1640-55,
passed December 12, 1955, relating
to acceptance of gifts.
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 Section 141.03 of
the Codified Ordinances of Cleveland, Ohio, 1976, as amended by
Ordinance No. 1640-55, passed December 12, 1955, is amended to read as
follows:
Section 141.03 Acceptance of Gifts
The Director of Public Health is
authorized to accept gifts of money,
property, or services, with or without
limitations
imposed
by
the
donor, that may be donated for the
use and benefit of the Department
of Public Health.
Section 2. That existing Section
141.03 of the Codified Ordinances of
Cleveland, Ohio, 1976, as amended
by Ordinance No. 1640-55, passed
December 12, 1955, is repealed.
Section 3. 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 Public
Health, Legislation, Finance, Law;
Committees on Health and Human
Services, Finance.
Ord. No. 641-07.
By Council Members Britt and
Sweeney (by departmental request).
An emergency ordinance authorizing the Director of Public Health to
accept a grant from the Ohio Environmental Protection Agency for
financial assistance for the operation of the Division of Air Quality;
and authorizing the Director to
enter into one or more contracts
needed to operate the Division of
Air Quality.
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
Public
Health
is
authorized
to
accept a grant in the approximate
amount of $2,837,491.00, and any
other funds that become available
during the grant term, from the Ohio
Environmental Protection Agency for
677
5
financial assistance for the operation of the Division of Air Quality
in accordance with the purposes set
forth in the summary; that the
Director of Public Health is authorized to file all papers and execute
all documents necessary to receive
the funds under the grant; and that
the funds are appropriated for the
purposes in the summary for the
grant.
Section 2. That the summary for
the grant, File No. 641-07-A, made a
part as if fully rewritten herein, as
presented to the Finance Committee
of this Council at the public hearing
on this legislation and shall not be
changed without additional legislative authority, is approved in all
respects, including the obligation of
the City of Cleveland to provide
cash matching funds in the sum of
$285,000, from Fund No. 01-500701639905, in order the receive the
grant from the Ohio Environmental
Protection
Agency,
as
a
passthrough from the U.S. Environmental Protection Agency.
Section 3. That the Director of
Public Health 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
the grant period of the necessary
items of materials, equipment, services, and supplies needed as described in the file, to be purchased
by the Commissioner of Purchases
and Supplies upon a unit basis for
the Division of Air Quality, Department of Public Health. 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 grant term
may be taken if deemed desirable
by the Commissioner of Purchases
and Supplies until provision is made
for the requirements for the entire
term.
Section 4. 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.
Section 5. That the Director of
Public Health is authorized to make
one or more written contracts under
the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, for
each or all of the following items
during the term of the grant: various types of monitoring equipment,
OEPA-required equipment, and their
associated parts, to be purchased by
the Commissioner of Purchases and
Supplies on a unit basis, for the
Division of Air Quality, Department
of Public Health.
Section 6. That, under Section 167
of the Charter of the City of Cleveland, this Council determines to
make the public improvement of
constructing, rehabilitating, renovating, replacing, or otherwise improving air monitoring sites and other
similar structures on City-owned
6
and
city-leased