2011-06-29.txt

The City Record
Official Publication of the Council of the City of Cleveland

June the Twenty-Ninth, Two Thousand and Eleven

Frank G. Jackson

The City Record is available online at
www.clevelandcitycouncil.org

Mayor

Martin J. Sweeney

Containing

PAGE

President of Council

Patricia J. Britt
City Clerk, Clerk of Council

Ward Name
1 Terrell H. Pruitt
2 Zachary Reed
3 Joe Cimperman
4 Kenneth L. Johnson
5 Phyllis E. Cleveland
6 Mamie J. Mitchell
7 TJ Dow
8 Jeffrey D. Johnson
9 Kevin Conwell
10 Eugene R. Miller
11 Michael D. Polensek
12 Anthony Brancatelli
13 Kevin J. Kelley
14 Brian J. Cummins
15 Matthew Zone
16 Jay Westbrook
17 Dona Brady
18 Martin J. Sweeney
19 Martin J. Keane

Printed on Recycled Paper

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

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DIRECTORY OF CITY OFFICIALS
CITY COUNCIL – LEGISLATIVE
President of Council – Martin J. Sweeney
Ward
Name Residence
1 Terrell H. Pruitt 3877 East 189th Street 44122
2 Zachary Reed 3734 East 149th Street 44120
3 Joe Cimperman P.O. Box 91688 44101
4 Kenneth L. Johnson 2948 Hampton Road 44120
5 Phyllis E. Cleveland 2369 East 36th Street 44105
6 Mamie J. Mitchell 12701 Shaker Boulevard, #712 44120
7 TJ Dow 7715 Decker Avenue 44103
8 Jeffrey D. Johnson 9024 Parkgate Avenue 44108
9 Kevin Conwell 10647 Ashbury Avenue 44106
10 Eugene R. Miller 13615 Kelso Avenue 44110
11 Michael D. Polensek 17855 Brian Avenue 44119
12 Anthony Brancatelli 6924 Ottawa Road 44105
13 Kevin J. Kelley 5904 Parkridge Avenue 44144
14 Brian J. Cummins 3104 Mapledale Avenue 44109
15 Matthew Zone 1228 West 69th Street 44102
16 Jay Westbrook 1278 West 103rd Street 44102
17 Dona Brady 1272 West Boulevard 44102
18 Martin J. Sweeney 3632 West 133rd Street 44111
19 Martin J. Keane 15907 Colletta Lane 44111
City Clerk, Clerk of Council – Patricia J. Britt, 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
Chris Warren, Executive Assistant to the Mayor, Chief of Regional Development
Monyka S. Price, 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
Andrew Watterson, Executive Assistant to the Mayor, Chief of Sustainability
Natoya J. Walker Minor, Chief of Public Affairs — Interim Director of Equal Opportunity.
OFFICE OF CAPITAL PROJECTS – Jomarie Wasik, Director
DIVISIONS:
Architecture and Site Development – Robert Vilkas, Chief Architect, Manager
Engineering and Construction — _________, Manager
Real Estate — __________, Commissioner
DEPT. OF LAW – Robert J. Triozzi, Director, Barbara A. Langhenry, Chief Counsel,
Richard F. Horvath, Chief Corporate Counsel, Thomas J. Kaiser, Chief Trial Counsel,
Room 106: Michael Ruffing, 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 – ________________, 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 – Barry A. Withers, Director, 1201 Lakeside Avenue
DIVISIONS:
Cleveland Public Power – Ivan Henderson, Commissioner
Street Lighting Bureau – ______________, Acting Chief
Utilities Fiscal Control – Dennis Nichols, Commissioner
Water – _________________, Commissioner
Water Pollution Control – Ollie Shaw, Commissioner
DEPT. OF PORT CONTROL – Ricky D. Smith, Director, Cleveland Hopkins
International Airport, 5300 Riverside Drive
DIVISIONS:
Burke Lakefront Airport – Khalid Bahhur, Commissioner
Cleveland Hopkins International Airport – Fred Szabo, Commissioner
DEPT. OF PUBLIC WORKS – Michael Cox, Director
OFFICES:
Administration – John Laird, Manager
Special Events and Marketing – Tangee Johnson, Manager
DIVISIONS:
Motor Vehicle Maintenance – Daniel A. Novak, Commissioner
Park Maintenance and Properties – Richard L. Silva, Commissioner
Parking Facilities – Leigh Stevens, Commissioner
Property Management – Tom Nagle, Commissioner
Recreation – Kim Johnson, Commissioner
Streets – _______, Commissioner
Traffic Engineering – Robert Mavec, Commissioner
Waste Collection and Disposal – Ron Owens, Commissioner
DEPT. OF PUBLIC HEALTH – Karen Butler, Interim Director, Mural Building, 75
Erieview Plaza
DIVISIONS:
Air Quality – Richard L. Nemeth, Commissioner
Environment – Willie Bess, Commissioner, Mural Building, 75 Erieview Plaza
Health – Karen K. Butler, Commissioner, Mural Building, 75 Erieview Plaza

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 COMMUNITY DEVELOPMENT – Daryl Rush, Director
DIVISIONS:
Administrative Services – Terrence Ross, Commissioner
Fair Housing and Consumer Affairs Office – ________, Manager
Neighborhood Development – _______, Commissioner
Neighborhood Services – Louise V. Jackson, 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 HUMAN RESOURCES – Deborah Southerington, Director, Room 121
DEPT. OF ECONOMIC DEVELOPMENT – Tracey A. Nichols, Director, Room 210
DEPT. OF AGING – Jane Fumich, Director, Room 122
COMMUNITY RELATIONS BOARD – Room 11, Blaine Griffin, Director, Mayor Frank
G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice-Chairman, Council
Member Brian Cummins, Council Member Eugene R. Miller, Jeff Marks, (Board Lawyer),
Roosevelt E. Coats, Jenice Contreras, Kathryn Hall, Yasir Hamdallah, Evangeline
Hardaway, John O. Horton, Annie Key, Stephanie Morrison-Hrbek, Roland Muhammad,
Gia Hoa Ryan, Ted C. Wammes, Peter Whitt.
CIVIL SERVICE COMMISSION – Room 119, Robert Bennett, President; Michael L.
Nelson, Sr., Vice-President; Lucille Ambroz, Secretary; Members: Pastor Gregory Jordan,
Michael Flickinger.
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, Jan Huber, 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; Council Member Eugene R. Miller.
BOARD OF REVIEW – (Municipal Income Tax) – Law Director Robert J. Triozzi; Utilities
Director Barry A. Withers; Council President Martin J. Sweeney.
CITY PLANNING COMMISSION – Room 501 – Robert N. Brown, Director; Anthony J.
Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean
Pinkney, Norman Krumholz, Council Member Phyllis E. Cleveland.
FAIR HOUSING BOARD – Charles See, Chair; Lisa Camacho, Daniel Conway, Robert L.
Render, Genesis O. Brown.
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.
POLICE REVIEW BOARD – Thomas Jones, Board Chair Person; Vernon Collier, Vermel
Whalen, Nancy Cronin, Elvin Vauss.
CLEVELAND LANDMARKS COMMISSION – Room 519 – Jennifer Coleman, Chair;
Laura M. Bala, Council Member Anthony Brancatelli, Robert N. Brown, Thomas Coffey,
Allan Dreyer, William Mason, Michael Rastatter, Jr., John Torres, N. Kurt Wiebusch, Robert
Keiser, Secretary.
AUDIT COMMITTEE – Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane
Downing, Donna Sciarappa, Council President Martin J. Sweeney; Law Director Robert
J. Triozzi.
CLEVELAND MUNICIPAL COURT
JUSTICE CENTER – 1200 ONTARIO STREET
JUDGE COURTROOM ASSIGNMENTS
Judge Courtroom
Presiding and Administrative Judge Ronald B. Adrine – Courtroom 15A
Judge Marilyn B. Cassidy – Courtroom 12B
Judge Michelle Denise Earley – Courtroom 12C
Judge Emanuella Groves – Courtroom 14B
Judge Anita Laster Mays – Courtroom 14C
Judge Lynn McLaughlin-Murray – Courtroom 12A
Judge Lauren C. Moore – Courtroom 14A
Judge Charles L. Patton, Jr. – Courtroom 13D
Judge Raymond L. Pianka (Housing Court Judge) – Courtroom 13B
Judge Michael John Ryan – Courtroom 13A
Judge Angela R. Stokes – Courtroom 15C
Judge Pauline H. Tarver – Courtroom 13C
Judge Joseph J. Zone – Courtroom 14D
Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, Paul J.
Mizerak – Bailiff; Jerome M. Krakowski – Chief Probation Officer, Gregory F. Clifford – Chief
Magistrate, Victor Perez – City Prosecutor

The City Record
OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

WEDNESDAY, JUNE 29, 2011

Vol. 98

No. 5090

CITY COUNCIL
MONDAY, JUNE 27, 2011
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

PATRICIA J. BRITT
City Clerk, Clerk of Council
216 City Hall

TUESDAY
9:30 A.M. — Community and Economic Development Committee: Brancatelli, Chair; Dow, Vice Chair; Cimperman, Cummins, J. Johnson, Miller,
Pruitt, Westbrook, Zone.
1:30 P.M. — Employment, Affirmative Action and Training Committee: Pruitt, Chair; Miller, Vice
Chair; Cummins, J. Johnson, K.
Johnson, Mitchell, Westbrook.

Mayor’s Appointment Committee:
Dow, Chair; Cleveland, Kelley, Miller, Sweeney.

OFFICIAL PROCEEDINGS
CITY COUNCIL
______________
NO MEETING

THE CALENDAR
PERMANENT SCHEDULE
STANDING COMMITTEES
OF THE COUNCIL
2010-2013
MONDAY — Alternating
9:30 A.M. — Public Parks, Properties, and Recreation Committee: K.
Johnson, Chair; Conwell, Vice Chair;
Brancatelli, Cimperman, Dow, Polensek, Reed.
9:30 A.M. — Health and Human
Services
Committee:
Cimperman,
Chair; J. Johnson, Vice Chair; Conwell, Keane, Kelley, Reed, Zone.
11:00 A.M. — Public Service Committee: Miller, Chair; Cummins, Vice
Chair; Cleveland, Dow, K. Johnson,
Keane, Polensek, Pruitt, Sweeney.
11:00 A.M. — Legislation Committee: Mitchell, Chair; K. Johnson,
Vice Chair; Brancatelli, Cimperman,
Cleveland, Reed, Sweeney.
MONDAY
2:00 P.M. — Finance Committee:
Sweeney, Chair; Kelley, Vice Chair;
Brady, Brancatelli, Cleveland, Keane,
Miller, Mitchell, Polensek, Pruitt,
Westbrook.

WEDNESDAY — Alternating
10:00 A.M. — Aviation and Transportation Committee: Keane, Chair;
Pruitt, Vice Chair; Cummins, J. Johnson, K. Johnson, Kelley, Mitchell.
10:00 A.M. — Public Safety Committee: Conwell, Chair; Polensek,
Vice Chair; Brady, Cleveland, Cummins, Dow, Miller, Mitchell, Zone.

The following measures will be on
their final passage at the next meeting:
NONE

BOARD OF CONTROL

WEDNESDAY — Alternating

June 22, 2011

1:30 P.M. — Public Utilities Committee: Kelley, Chair; Brady, Vice
Chair; Conwell, Cummins, Dow, Miller, Polensek, Pruitt, Westbrook.

The regular meeting of the Board
of Control convened in the Mayor’s
office on Wednesday, June 22, 2011,
at 10:33 a.m. with Director Triozzi
presiding.
Present: Directors Triozzi, Dumas,
Withers, R. Smith, Cox, Butler,
Flask, Rush, Southerington, Acting
Director Thornton, Director Fumich
and Acting Director O’Leary.
Absent: Mayor Jackson.
Others: Jomarie Wasik, Director,
Office of Capital Projects.
D.
Anthony,
Acting
Director,
Office of Equal Opportunity.
James Hardy, Commissioner, Purchases & Supplies.
On motions, the following resolutions were adopted, except as may
be otherwise noted:

1:30 P.M. — City Planning Committee: Cleveland, Chair; Westbrook,
Vice Chair; Brady, Conwell, Dow,
Keane, Zone.
The following Committees are
subject to the Call of the Chair:
Rules Committee: Sweeney, Chair;
Cleveland, Keane, Polensek, Pruitt.
Personnel and Operations Committee: Westbrook, Chair; Conwell, K.
Johnson, Kelley, Mitchell, Sweeney,
Zone.

Resolution No. 274-11.
By Director Withers.
Whereas, Board of Control Resolution No. 143-11, adopted March 30, 2011 authorized charges by the Division of
Water, Department of Public Utilities, for water service; and
Whereas, Resolution No. 143-11 incorrectly stated the effective date for the charges in Section A) Water Rate
Schedule as “7/1/2011” and in Section B) Fees and Charges, Paragraph (q), as “July 1”; and
Whereas, Resolution No. 143-11 omitted the Fixed Charge for Homestead accounts - All Meter Sizes, Section A)
Water Rate Schedule, subsections (1) and (2); now, therefore,
Be it resolved by the Board of Control of the City of Cleveland, that Board of Control Resolution No. 143-11,
adopted March 30, 2011, is amended by changing the effective date for the new water rates fixed therein from
“7/1/2011” and “July 1” to “7/16/2011” and “July 16”, respectively, where appearing.
Be it further resolved that under Section 112 of the Charter of the City of Cleveland, charges of the Division
of Water, Department of Public Utilities, for water service for Homestead accounts - All Meter Sizes, approved
by the Cleveland City Council by Ordinance No. 462-11, passed May 23, 2011, are fixed as follows:

1115

The City Record

4

June 29, 2011

A) WATER RATE SCHEDULE
1) Quarterly Water Rate Schedule for Direct Service Accounts
Fixed Charge*
(Expressed in Dollars per quarter)
Description
Current
All Accounts

7/16/2011

1/1/2012

1/1/2013

1/1/2014

1/1/2015

$12.50

$12.50

$14.00

$15.50

$17.00

$7.00

Homestead —
All Meter Sizes

* Fixed Charges are not prorated but apply to all quarterly bills generated in a specific calendar year.

2) Monthly Water Rate Schedule for Direct Service Accounts
Fixed Charge*
(Expressed in Dollars per month)
Description

Current

All Accounts

N/A

Homestead —
All Meter Sizes

7/16/2011

$4.17

1/1/2012

$4.17

1/1/2013

$4.67

1/1/2014

$5.17

1/1/2015

$5.67

*Fixed Charges are not prorated but apply to all quarterly bills generated in a specific calendar year.
Yeas: Directors Triozzi, Dumas, Withers, R. Smith, Cox, Butler, Flask, Rush, Southerington, Acting Director
Thornton, Director Fumich and Acting Director O’Leary.
Nays: None.
Absent: Mayor Jackson.

Resolution No. 275-11.
By Director Withers.
Be it resolved by the Board of
Control of the City of Cleveland that
the bid of PSC Environmental Services, LLC for an estimated quantity of labor and materials for hazardous and non-hazardous waste disposal and recycling services, items
1-25, for the various Divisions of the
Department of Public Utilities, for a
period of two years starting upon
the later of the execution of a contract or the day following expiration
of the currently effective contract
for the goods or services, received
on April 7, 2011 under the authority
of Ordinance No. 1598-10, passed
December 6, 2010, which on the basis
of the estimated quantity would
amount to $235,772.00 is affirmed
and approved as the lowest and best
bid, and the Director of Public Utilities is requested to enter into a
requirement contract for the goods
and/or services, which shall provide
for an initial order, the cost of
which shall be certified to the contract in an amount not less than
$100,000.00.
The requirement contract shall
further provide that the Contractor
shall furnish the remainder of the
City’s requirements for the goods
and/or services, whether more or
less than the estimated quantity, as
may be ordered under delivery
orders separately certified to the
contract.
Be it further resolved by the
Board of Control of the City of
Cleveland that the employment of
the following subcontractor by PSC
Environmental Services, LLC for the
above-mentioned
services
is
approved:

SUBCONTRACTOR

WORK
PERCENTAGE

Precision Analytical, Inc.
(CSB/MBE)

TBD
0.00%

Yeas: Directors Triozzi, Dumas,
Withers, R. Smith, Cox, Butler,
Flask, Rush, Southerington, Acting
Director Thornton, Director Fumich
and Acting Director O’Leary.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 276-11.
By Director Smith.
Resolved, by the Board of Control
of the City of Cleveland that the bid
of Concord Road Equipment Mfg.,
Inc., for automotive parts, supplies
and services necessary for vehicle
maintenance, including labor and
materials for repair and installation,
if necessary, Items 4, 7, 7(a), 7(b),
9, 15, 15(a), 15(b) and 15(c), for the
Department of Port Control, for a
period of two years, with two oneyear options to renew, beginning
with the date of execution of a contract, received on March 25, 2011,
under the authority of Ordinance No.
190-07, passed March 12, 2007, which
on the basis of the estimated quantity would amount to $261,176.40, is
affirmed and approved as the lowest and best bid, and the Director of
Port Control is requested to enter
into a requirement contract for the
labor
and
materials
necessary,
which contract shall provide for an
initial order, the cost of which shall
be certified to the contract in an
amount not less than $13,100.00.

1116

The requirement contract shall
further provide that the Contractor
shall furnish the remainder of the
City’s requirements for such labor
and materials, whether more or less
than the estimated quantity, as may
be ordered under delivery orders
separately certified to the contract.
Yeas: Directors Triozzi, Dumas,
Withers, R. Smith, Cox, Butler,
Flask, Rush, Southerington, Acting
Director Thornton, Director Fumich
and Acting Director O’Leary.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 277-11.
By Director Smith.
Resolved, by the Board of Control
of the City of Cleveland that the bid
of Jack Doheny Supplies Ohio, Inc.,
for automotive parts, supplies and
services necessary for vehicle maintenance, including labor and materials for repair and installation, if
necessary, Items 5, 5(a), 5(b), 10,
10(a) and 10(b), for the Department
of Port Control, for a period of two
years, with two one-year options to
renew, beginning with the date of
execution of a contract, received on
March 25, 2011, under the authority
of Ordinance No. 190-07, passed
March 12, 2007, which on the basis
of the estimated quantity would
amount to $162,400.00, is affirmed
and approved as the lowest and best
bid, and the Director of Port Control
is requested to enter into a requirement contract for the labor and
materials necessary, which contract
shall provide for an initial order, the
cost of which shall be certified to
the contract in an amount not less
than $8,200.00.

June 29, 2011
The requirement contract shall
further provide that the Contractor
shall furnish the remainder of the
City’s requirements for such labor
and materials, whether more or less
than the estimated quantity, as may
be ordered under delivery orders
separately certified to the contract.
Yeas: Directors Triozzi, Dumas,
Withers, R. Smith, Cox, Butler,
Flask, Rush, Southerington, Acting
Director Thornton, Director Fumich
and Acting Director O’Leary.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 278-11.
By Director Smith.
Resolved, by the Board of Control
of the City of Cleveland that the bid
of Lakefront Automotive Parts, Inc.,
for automotive parts, supplies and
services necessary for vehicle maintenance, including labor and materials for repair and installation, if
necessary, Items 1, 3 and 8, for the
Department of Port Control, for a
period of two years, with two oneyear options to renew, beginning
with the date of execution of a contract, received on March 25, 2011,
under the authority of Ordinance No.
190-07, passed March 12, 2007, which
on the basis of the estimated quantity would amount to $510,000.00, is
affirmed and approved as the lowest and best bid, and the Director of
Port Control is requested to enter
into a requirement contract for the
labor
and
materials
necessary,
which contract shall provide for an
initial order, the cost of which shall
be certified to the contract in an
amount not less than $25,500.00.
The requirement contract shall
further provide that the Contractor
shall furnish the remainder of the
City’s requirements for such labor
and materials, whether more or less
than the estimated quantity, as may
be ordered under delivery orders
separately certified to the contract.
Yeas: Directors Triozzi, Dumas,
Withers, R. Smith, Cox, Butler,
Flask, Rush, Southerington, Acting
Director Thornton, Director Fumich
and Acting Director O’Leary.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 279-11.
By Director Smith.
Resolved, by the Board of Control
of the City of Cleveland that the bid
of M-B Companies, Inc., for automotive parts, supplies and services necessary
for
vehicle
maintenance,
including labor and materials for
repair and installation, if necessary,
Items 13, 13(a) and 13(b), for the
Department of Port Control, for a
period of two years, with two oneyear options to renew, beginning
with the date of execution of a contract, received on March 25, 2011,
under the authority of Ordinance No.
190-07, passed March 12, 2007, which
on the basis of the estimated quantity would amount to $104,800.00, is
affirmed and approved as the lowest and best bid, and the Director of
Port Control is requested to enter
into a requirement contract for the
labor
and
materials
necessary,
which contract shall provide for an
initial order, the cost of which shall
be certified to the contract in an
amount not less than $5,250.00.
The requirement contract shall
further provide that the Contractor
shall furnish the remainder of the

The City Record
City’s requirements for such labor
and materials, whether more or less
than the estimated quantity, as may
be ordered under delivery orders
separately certified to the contract.
Yeas: Directors Triozzi, Dumas,
Withers, R. Smith, Cox, Butler,
Flask, Rush, Southerington, Acting
Director Thornton, Director Fumich
and Acting Director O’Leary.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 280-11.
By Director Smith.
Resolved, by the Board of Control
of the City of Cleveland that the bid
of Ohio Machinery Co. d/b/a Ohio
CAT, for automotive parts, supplies
and services necessary for vehicle
maintenance, including labor and
materials for repair and installation,
if necessary, Items 14 and 14(a), for
the Department of Port Control, for
a period of two years, with two oneyear options to renew, beginning
with the date of execution of a contract, received on March 25, 2011,
under the authority of Ordinance No.
190-07, passed March 12, 2007, which
on the basis of the estimated quantity would amount to $47,720.00, is
affirmed and approved as the lowest and best bid, and the Director of
Port Control is requested to enter
into a requirement contract for the
labor
and
materials
necessary,
which contract shall provide for an
initial order, the cost of which shall
be certified to the contract in an
amount not less than $2,40000.
The requirement contract shall
further provide that the Contractor
shall furnish the remainder of the
City’s requirements for such labor
and materials, whether more or less
than the estimated quantity, as may
be ordered under delivery orders
separately certified to the contract.
Yeas: Directors Triozzi, Dumas,
Withers, R. Smith, Cox, Butler,
Flask, Rush, Southerington, Acting
Director Thornton, Director Fumich
and Acting Director O’Leary.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 281-11.
By Director Smith.
Resolved, by the Board of Control
of the City of Cleveland that the bid
of Southeastern Equipment Co., Inc.,
for automotive parts, supplies and
services necessary for vehicle maintenance, including labor and materials for repair and installation, if
necessary, Items 11, 11(a) and 11(b),
for the Department of Port Control,
for a period of two years, with two
one-year options to renew, beginning with the date of execution of
a contract, received on March 25,
2011, under the authority of Ordinance No. 190-07, passed March 12,
2007, which on the basis of the estimated quantity would amount to
$72,598.00, is affirmed and approved
as the lowest and best bid, and the
Director of Port Control is requested to enter into a requirement contract for the labor and materials
necessary, which contract shall provide for an initial order, the cost of
which shall be certified to the contract in an amount not less than
$3,650.00.
The requirement contract shall
further provide that the Contractor
shall furnish the remainder of the
City’s requirements for such labor
and materials, whether more or less

1117

5
than the estimated quantity, as may
be ordered under delivery orders
separately certified to the contract.
Yeas: Directors Triozzi, Dumas,
Withers, R. Smith, Cox, Butler,
Flask, Rush, Southerington, Acting
Director Thornton, Director Fumich
and Acting Director O’Leary.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 282-11.
By Director Smith.
Resolved, by the Board of Control
of the City of Cleveland that the bid
of United Rotary Brush Corporation,
for automotive parts, supplies and
services necessary for vehicle maintenance, including labor and materials for repair and installation, if
necessary, Item 6, for the Department of Port Control, for a period of
two years, with two one-year options
to renew, beginning with the date
of execution of a contract, received
on March 25, 2011, under the authority of Ordinance No. 190-07, passed
March 12, 2007, which on the basis
of the estimated quantity would
amount to $220,000.00, is affirmed
and approved as the lowest and best
bid, and the Director of Port Control
is requested to enter into a requirement contract for the labor and
materials necessary, which contract
shall provide for an initial order, the
cost of which shall be certified to
the contract in an amount not less
than $11,000.00.
The requirement contract shall
further provide that the Contractor
shall furnish the remainder of the
City’s requirements for such labor
and materials, whether more or less
than the estimated quantity, as may
be ordered under delivery orders
separately certified to the contract.
Yeas: Directors Triozzi, Dumas,
Withers, R. Smith, Cox, Butler,
Flask, Rush, Southerington, Acting
Director Thornton, Director Fumich
and Acting Director O’Leary.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 283-11.
By Director Smith.
Resolved, by the Board of Control
of the City of Cleveland that the bid
of West Shore Equipment, Inc., for
automotive parts, supplies and services necessary for vehicle maintenance, including labor and materials
for repair and installation, if necessary, Items 2, 2(a) and 2(b), for the
Department of Port Control, for a
period of two years, with two oneyear options to renew, beginning
with the date of execution of a contract, received on March 25, 2011,
under the authority of Ordinance No.
190-07, passed March 12, 2007, which
on the basis of the estimated quantity would amount to $34,200.00, is
affirmed and approved as the lowest and best bid, and the Director of
Port Control is requested to enter
into a requirement contract for the
labor
and
materials
necessary,
which contract shall provide for an
initial order, the cost of which shall
be certified to the contract in an
amount not less than $1,750.00.
The requirement contract shall
further provide that the Contractor
shall furnish the remainder of the
City’s requirements for such labor
and materials, whether more or less
than the estimated quantity, as may
be ordered under delivery orders
separately certified to the contract.

The City Record

6
Yeas: Directors Triozzi, Dumas,
Withers, R. Smith, Cox, Butler,
Flask, Rush, Southerington, Acting
Director Thornton, Director Fumich
and Acting Director O’Leary.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 284-11.
By Director Wasik.
Be it resolved by the Board of
Control of the City of Cleveland that
pursuant to the authority of Ordinance No. 591-11, passed by the
Council of the City of Cleveland on
June 6, 2011, Hatch Mott MacDonald,
LLC is selected upon the nomination
of the Director of Capital Projects
from a list of qualified engineering
consultants or firms of such consultants determined to be available
after a full and complete canvass by
the Director of Capital Projects as
the firm to be employed by contract
supplement
the
regularly
to
employed staff of the several departments of the City to obtain the engineering services necessary for the
Rehabilitation of Woodland Ave. (E.
55th St. to Buckeye Rd.).
Be it further resolved that the
Director of Capital Projects is authorized to enter into a written contract
with Hatch Mott MacDonald, LLC
based on its proposal dated March
25, 2011 provided that the compensation to be paid shall not exceed
$311,462.00. The agreement authorized hereby shall be prepared by
the Director of Law and shall contain such other provisions as the
Director of Law deems necessary to
protect and benefit the public interest.
Be it further resolved that the
employment of the following subconsultants by Hatch Mott MacDonald, LLC for the above authorized
contract is approved:
Chagrin Valley Engineering,
Ltd. (CSB)
$98,970.00 — (31.78%)
Aerocon Photogrammetric
Services, Inc.
$2,850.00
O.R. Colan Associates
$27,600.00
Yeas: Directors Triozzi, Dumas,
Withers, R. Smith, Cox, Butler,
Flask, Rush, Southerington, Acting
Director Thornton, Director Fumich
and Acting Director O’Leary.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 285-11.
By Director Cox.
Be it resolved by the Board of
Control of the City of Cleveland that
the bid of Apex Construction and
Management Co. Inc., for the public
improvement of the Ridge Road
Streets Facility Renovation, Base
Bid and Alternate 1, for the Department of Public Works, received on
March 25, 2011, under the authority
of Ordinance No. 1724-09, passed February 8, 2010, for a gross price for
the improvement in the aggregate
amount of $70,350.00, is affirmed and
approved as the lowest responsible
bid, and the Director of Public
Works is authorized to enter into
contract for the improvement with
the bidder.

June 29, 2011

Be it further resolved, by the
Board of Control of the City of
Cleveland that the employment of
the
following
subcontractors
by
Apex Construction and Management
Co. Inc. is approved:
CSBMBE/FBE
Percentage

Subcontractor
Amount
Best Electric
$18,500.00

CSB/FBE
21.157%

Pegasus LLC
$430.00

CSB/MBE
0.678%

Warren Chaney Office
Furn.
$12,000.00

CSB/FBE
18.913%

Diamond Floors LLC.
$3,300.00

0.00%

Crawford Painting
$1,935.00

0.00%

Yeas: Directors Triozzi, Dumas,
Withers, R. Smith, Cox, Butler,
Flask, Rush, Southerington, Acting
Director Thornton, Director Fumich
and Acting Director O’Leary.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 286-11.
By Director Cox.
Resolved, by the Board of Control
of the City of Cleveland that the bid
of Cleveland Hermetic & Supply, for
various HVAC/R heating, ventilating, air conditioning and refrigeration equipment, controls and miscellaneous materials, all items, for the
Division of Property Management,
Department of Public Works, for a
period of two years, beginning with
the date of execution of a contract,
received on April 15, 2011, under the
authority of Section 181.101 of the
Codified Ordinances of Cleveland,
Ohio, 1976, which on the basis of the
estimated quantity would amount to
$300,000.00 for two years, is affirmed
and approved as the lowest and best
bid, and the Director of Public
Works is requested to enter into a
requirement contract for the goods
and/or
services,
which
contract
shall provide for an initial order, the
cost of which shall be certified to
the contract in an amount not less
than $15,000.00.
The requirement contract shall
further provide that the Contractor
shall furnish the remainder of the
City’s requirements for the items,
whether more or less than the estimated quantity, as may be ordered
under delivery orders separately certified to the contract.
Yeas: Directors Triozzi, Dumas,
Withers, R. Smith, Cox, Butler,
Flask, Rush, Southerington, Acting
Director Thornton, Director Fumich
and Acting Director O’Leary.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 287-11.
By Director Rush.
Whereas, under the authority of
Ordinance No. 2076-76, passed by the
Cleveland City Council October 25,
1976, the City is conducting a Land
Reutilization Program according to
the provisions of Chapter 5722 of the
Ohio Revised Code; and
Whereas, under the Land Reutilization
Program,
the
City
has
acquired Permanent Parcel Nos. 119-

1118

01-006 (part of) and 119-01-007, located at East 79th Street and 1827 East
79th Street under the Land Reutilization Program; and
Whereas, Ordinance No. 755-11
passed June 6, 2011, authorized the
sale of the parcels for a consideration established by the Board of
Control at not less than the Fair
Market Value; and
Whereas, Alvin R. Sharp has proposed to the City to purchase and
develop the parcels for new housing
construction; now, therefore,
Be it resolved by the Board of
Control of the City of Cleveland that
under the authority of Ordinance No.
755-11, passed by the Cleveland City
Council June 6, 2011, the Mayor is
authorized to execute an official
deed for and on behalf of the City
of Cleveland to Alvin R. Sharp for
the sale and development of Permanent Parcel Nos. 119-01-006 (part of)
and 119-01-007, as described in the
Ordinance according to the Land
Reutilization Program in such manner as best carries out the intent of
the program.
Be it further resolved that the consideration for the parcels shall be
$100.00 each, which amount is determined to be not less than the fair
market value of the parcels for uses
according to the Land Reutilization
Program.
Yeas: Directors Triozzi, Dumas,
Withers, R. Smith, Cox, Butler,
Flask, Rush, Southerington, Acting
Director Thornton, Director Fumich
and Acting Director O’Leary.
Nays: None.
Absent: Mayor Jackson.
Resolution No. 287-11.
By Director Southerington.
Be it resolved by the Board of
Control of the City of Cleveland that
under the authority of Ordinance No.
183-11, passed by the Council of the
City of Cleveland on April 4, 2011,
The Center for Families and Children is selected from a list of firms
determined after a full and complete
canvass by the Director of Human
Resources
as
the
firm
to
be
employed by contract to supplement
the regularly employed staff of several departments of the City of
Cleveland to perform the professional services necessary to administer the City’s Employee Assistance
Program, for the Department of
Human Resources.
Be it further resolved that the
Director of Human Resources is
authorized to enter into contract
with The Center for Families and
Children, based on its proposal
dated May 17, 2011, which contract
shall be prepared by the Director of
Law, shall provide for the furnishing
of
professional
services
as
described in the proposal for an
aggregate fee of $168,000.00, and
shall contain such additional provisions as the Director of Law deems
necessary to protect and benefit the
public interest.
Yeas: Directors Triozzi, Dumas,
Withers, R. Smith, Cox, Butler,
Flask, Rush, Southerington, Acting
Director Thornton, Director Fumich
and Acting Director O’Leary.
Nays: None.
Absent: Mayor Jackson.
JEFFREY B. MARKS,
Secretary

The City Record

June 29, 2011
CIVIL SERVICE NOTICES
____________
General Information
Application blanks and information, regarding minimum entrance
qualifications, scope of examination,
and suggested reference materials
may be obtained at the office of the
Civil Service Commission, Room 119,
City Hall, East 6th Street, and Lakeside Avenue.
Application blanks must be properly filled out on the official form
prescribed by the Civil Service Commission and filed at the office of the
commission not later than the final
closing date slated in the examination announcement.
EXAMINATION RESULTS: Each
applicant whether passing or failing
will be notified of the results of the
examination as soon as the commission has graded the papers. Thereafter, eligible lists will be established which will consist of the
names of those candidates who have
been successful in all parts of the
examination.
PHYSICAL EXAMINATION: All
candidates for original entrance positions who are successful in other
parts of the examinations must submit to a physical examination.
ROBERT BENNETT,
President

SCHEDULE OF THE BOARD
OF ZONING APPEALS
MONDAY, JULY 11, 2011
9:30 A.M.
Calendar No. 11-85: 3159 West 11th
Street (Ward 3)
Brian Jones, owner, and Steve
Siedlecki, agent, appeal to change
use from a two family dwelling to
a museum (devoted to the motion
picture “A Christmas Story”) located
on a 43' x 125' lot in a B1 TwoFamily District; subject to the limitations of Section 337.02(f)(3)(a) a
museum open to public tours and
exhibition must be at least 30 feet
from
adjoining
premises
and
requires Board of Zoning Appeals
approval to determine if adequate
yard spaces and other safeguards to
preserve the character of the neighborhood are provided, and if such
building and use is appropriately
located and designed, and will meet
a community need without adversely affecting the neighborhood.
Calendar No. 11-86: 1103 Rowley
Avenue (Ward 3)
Brian Jones, owner, and Steve
Siedlecki, agent, appeal to change
use from a two family dwelling to
a museum (devoted to the motion
picture, “A Christmas Story”) located on a 60' x 93' lot in a B1 Local
Retail Business District; subject to
the
limitations
of
Section
337.02(f)(3)(a)
and
pursuant
to
343.01(b)(1) in a one family residential district and a Local Retail
Business District, a museum open to
public tours and exhibition must be
at leas 30 feet from an adjoining
premises and requires Board of Zoning Appeals approval to determine

if adequate yard spaces and other
safeguards to preserve the character
of the neighborhood are provided,
and if such building and use is
appropriately located and designed
and will meet a community need
adversely
affecting
the
without
neighborhood.
Calendar No. 11-87: 3166 West 11th
Street (Ward 3)
Brian Jones, owner, and Steve
Siedlecki, agent, appeal to change
use from a single family dwelling
to a museum gift shop (devoted to
the motion picture, “A Christmas
Story”) located on a 40' x 60' parcel in a B1 Two-Family District; and
the proposed use is not permitted
under the limitations in Section
337.03, and six authorized, accessory
parking
spaces
are
off-street
according
to
Section
required,
349.04(f) and determined at the rate
of one space per 500 square feet of
gross floor area.
Calendar No. 11-91: 10904-08 Clifton
Boulevard (Ward 16)
Wynmar Building LLC, owner,
and Anthony DeRigo, prospective
tenant, appeal to establish use for
piercing and tattooing in a store
space of a three-story mixed use
building located on a 60' x 128.19'
lot in a G3 Multi-Family District;
subject to the limitations of Section
343.01(b) the use is not permitted
and first allowed in a General
Retail Business District where it
must be at least 1,000 feet from a
residence district and the proposed
use is located in a residential district, contrary to the provisions in
Section 347.12(b)(1) in the Cleveland
Codified Ordinances.
Calendar No. 11-93: 10015 Walford
Avenue (Ward 16)
Walford Industrial Park LLC aka
Midwest Box Company, owner, Ray
Petro dba Ray’s Indoor Mountain
Bike Park LLC, tenant, appeal to
expand use for a recreational center
into an existing structure located on
acreage in Semi and General Industry Districts; subject to the provisions of Section 359,01(a), use of
building or land for which a permit
has been lawfully issued may be
continued, but no expansion shall be
permitted except as a variance
under the terms of Chapter 329, and
no substitution or other change in
such nonconforming use to other
than a conforming use is permitted
except by special permit from the
Board of Zoning Appeals, issued
only if the Board finds after public
hearing that such substitution or
other change is no more harmful or
objectionable than the previous nonconforming use in floor or other
space occupied, in volume of trade
or production, in kind of goods sold
or produced in daily hours or other
period of use, in the type or number
of persons to occupy or to be attracted to the premises or in any other
characteristic of the new use as
compared with the previous use; and
under Section 347.12(a)(1) the proposed use, expansion, is within 50
feet of a Two-Family District and a
distance of 500 feet is required by
the Cleveland Codified Ordinances.
Calendar No. 11-99: 16001 Holmes
Avenue (Ward 11)
Valerie Brown, owner, and Dana
Fort, prospective tenant, appeal to
establish use as a beauty salon in

1119

7
the first floor of a two-story building located on a 44' x 160' corner
lot in a B1 Two-Family District,
where the proposed use is not permitted under Section 337.03 and is
first permitted in a Local Retail
Business District according to Section 343.01 in the Cleveland Codified
Ordinances.
Calendar No. 11-104: 720-754 East
155th Street (Ward 11)
The Catholic Diocese of Cleveland,
owner, and St. Mary Parish, tenant,
appeal to construct a parking lot on
property located in a B1 Two-FamiDistrict,
and
under
Section
ly
349.13(c)(d) the Board of Zoning
Appeals may permit, temporarily or
permanently, the use of land in a
Residence District for a parking lot,
when the best interests of the community will be served; and in the
provisions of Section 357.14(a), parking of motor vehicles within the
twenty feet front yard setback
(alignment
to
existing
building
lines) is a prohibited yard encroachment; and no portion of a fence
within thirty feet of an intersection
of two street right-of-way lines shall
exceed two and one-half feet in
height, unless all portions of fence
above two and one-half feet in
height are at least seventy-five percent open; and the same restrictions
apply to any portion of fence located along or parallel to a driveway
within fifteen feet of its intersection
with a public sidewalk or public
street if no sidewalk is present,
according to Section 358.03(a) and
fences within the front yard setback
shall not exceed four feet in height
and shall be at least fifty percent
open as required under Section
358.04(a) in the Cleveland Codified
Ordinances.
Secretary

REPORT OF THE BOARD
OF ZONING APPEALS
MONDAY, JUNE 27, 2011
At the meeting of the Board of
Zoning Appeals on Monday, June 27,
2011, the following appeals were
heard by the Board.
The
following
Approved:

appeals

were

Calendar No. 11-88: 10800 Lorain
Avenue
Taco Bell Corporation, owner, and
Lou Belknap of Agile Sign, agent,
appealed to erect a single faced,
menu board ground sign in a C1
Shopping Center District.
Calendar No. 11-89: 12120 Farringdon
Avenue
Margaret Janet Hood appealed to
install a wheelchair lift and landing
in the front yard of a single family
dwelling in a B1 Two-Family District.
Calendar No. 11-94: 11725 Union
Avenue
Mary Allen appealed to install 63
liner feet of 6 foot high fence and
a 12 foot wide drive gate along the
actual side street and within one
foot of the property line of a corner
lot in a B1 Two-Family District; subject to condition.

The City Record

8
The following appeal was Denied:
Russell
appealed
to
Shirley
change use from storage to a motor
vehicle major repair shop in a C2
Local Retail business District.
The following appeal was Withdrawn:
Calendar No. 11-90: Notice of Violation 1285 East 17th Street
Irvin Grossman appealed from a
Notice of Violation issued by the
Building and Housing Department
for failure to comply with Sections
349.07(a) and (b) of the Cleveland
Codified Ordinances.
The following appeals were Dismissed:
None.
The following appeals were Postponed:
Calendar No. 11-67: 1261 West 76th
Street postponed to August 8,
2011.
Calendar No. 11-70: 4106 Pearl Road
postponed to August 8, 2011.
The following appeals heard by
the Board on June 20, 2011 were
adopted and approved on June 27,
2011.
The
following
Approved:

appeals

were

Calendar No. 11-80: 2068 West 32nd
Street
Providence House appealed to
establish use for child care in a new
one-story building located in a TwoFamily District.
Calendar No. 11-83: 2141 Broadview
Road
Joe
Coreno,
owner,
and
Joe
Phillips, lessee, appealed to establish use for piercing and tattooing
in a one-story store space located on
a Local Retail Business District.
Calendar No. 11-84: 1859-65 West 25th
Street
Heil
Building
Inc.,
owner,
appealed to construct a permanent
deck in the courtyard of an existing, nonconforming bar with entertainment in a General Retail Business District.
Secretary

REPORT OF THE BOARD
OF BUILDING STANDARDS
AND BUILDING APPEALS
Re: Report of the Meeting of
June 22, 2011
As required by the provisions of
Section 3103.20(2) of the Codified
Ordinances of the City of Cleveland,
Ohio 1976, the following brief of
action of the subject meeting is
given for publication in the City
Record:
*    *    *
Docket A-439-10.
RE: Appeal of Antonio Cook,
Owner of the Two Dwelling Units

Two-Family
Residence
Two
&
One/half
Story
Frame
Property
located on the premises known as
11101 Nelson Avenue from a CONDEMNATION
ORDER
—
MAIN
STRUCTURE, dated October 8, 2010
of the Director of the Department of
Building and Housing, requiring
compliance with the Codified Ordinances of the City of Cleveland and
the Ohio Building Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant thirty (30) days in which
to obtain all required permits and
six (6) months in which to complete
abatement of all violations; the
property is REMANDED at this time
to the Department of Building and
Housing for supervision and any
required further action. Motion so in
order. Motioned by Mr. Gallagher
and seconded by Mr. Saab.
Yeas: Messrs. Denk, Gallagher,
Saab, Bradley, Maschke. Nays: None.
*    *    *
Docket A-443-10.
RE: Appeal of Kiana Roberts,
Owner of the Two Dwelling Units
Two-Family
Residence
Two
&
One/half
Story
Frame
Property
located on the premises known as
2321 East 89th Street from a CONDEMNATION
ORDER
—
MAIN
STRUCTURE, dated June 7, 2010 of
the Director of the Department of
Building and Housing, requiring
compliance with the Codified Ordinances of the City of Cleveland and
the Ohio Building Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant six (6) months in which
to complete abatement of the violations; the property is REMANDED
at this time to the Department of
Building and Housing for supervision
and
any
required
further
action. Motion so in order. Motioned
by Mr. Bradley and seconded by Mr.
Saab.
Yeas: Messrs. Denk, Gallagher,
Saab, Bradley, Maschke. Nays: None.
*    *    *
Docket A-444-10.
RE: Appeal of Kiana Roberts,
Owner of the One Dwelling Unit Single-Family Residence Two Story
Frame Property located on the
premises known as 2307 East 101st
Street from a 30 DAY CONDEMNATION ORDER — MAIN STRUCTURE, dated April 10, 2008 of the
Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances
of the City of Cleveland and the
Ohio Building Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant one (1) month in which to
complete abatement of the violations; the property is REMANDED
at this time to the Department of
Building and Housing for supervision
and
any
required
further
action. Motion so in order. Motioned
by Mr. Maschke and seconded by Mr.
Saab.
Yeas: Messrs. Denk, Gallagher,
Saab, Bradley, Maschke. Nays: None.

1120

June 29, 2011
Docket A-445-10.
RE: Appeal of Kiana Roberts,
Owner of the One Dwelling Unit Single-Family Residence Two Story
Frame Property located on the
premises known as 1103 East 64th
Street from a 30 DAY CONDEMNATION ORDER, dated December 29,
2008 of the Director of the Department of Building and Housing,
requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code
(OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant six (6) months in which
to complete abatement of the violations with extensions depending
upon the inspectors approval of the
progress of the work during that
period of time, with the request that
all the exterior work be completed
first; the property is REMANDED at
this time to the Department of
Building and Housing for supervision
and
any
required
further
action. Motion so in order. Motioned
by Mr. Bradley and seconded by Mr.
Gallagher.
Yeas: Messrs. Denk, Gallagher,
Saab, Bradley, Maschke.. Nays: None.
*    *    *
Docket A-446-10.
RE: Appeal of K.M. Progressive
Builders & Remodelers LLC, Owner
of the Three Dwelling Units ThreeFamily Residence Two & One/half
Story Masonry Property located on
the premises known as 3398 East
135th Street from a NOTICE OF VIOLATION — HAZARDOUS CONDITIONS, dated November 4, 2010 of
the Director of the Department of
Building and Housing, requiring
compliance with the Codified Ordinances of the City of Cleveland and
the Ohio Building Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant thirty (30) days in which
to complete abatement of all violations; the property is REMANDED
at this time to the Department of
Building and Housing for supervision
and
any
required
further
action. Motion so in order. Motioned
by Mr. Bradley and seconded by Mr.
Maschke.
Yeas: Messrs. Denk, Gallagher,
Saab, Bradley, Maschke. Nays: None.
*    *    *
Docket A-448-10.
RE: Appeal of Callender-Brooks
LLC, Owner of the Two Dwelling
Units Two-Family Residence Two &
One/half
Story
Frame
Property
located on the premises known as
13219 Crennell Avenue from a CONDEMNATION
ORDER
—
MAIN
STRUCTURE & GARAGE, dated
October 20, 2010 of the Director of
the Department of Building and
Housing, requiring compliance with
the Codified Ordinances of the City
of Cleveland and the Ohio Building
Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant three (3) months in which
to complete abatement of all violations with the requirement that the
Appellant obtain all required permits and complete the exterior violations
first;
the
property
is
REMANDED at this time to the
Department of Building and Hous-

The City Record

June 29, 2011
ing for supervision and any required
further action. Motion so in order.
Motioned by Mr. Gallagher and seconded by Mr. Maschke.
Yeas: Messrs. Denk, Gallagher,
Saab, Bradley, Maschke. Nays: None.
*    *    *
Docket A-449-10.
RE: Appeal of Richard Mason II,
Owner of the Two Dwelling Units
Two-Family
Residence
Two
&
One/half Story Property located on
the premises known as 476 East
148th Street from a NOTICE OF VIOLATION — EXTERIOR MAINTENANCE, dated August 12, 2010 of the
Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances
of the City of Cleveland and the
Ohio Building Code (OBC).
Docket A-449-10 have been POSTPONED; to be rescheduled for July
6, 2011.
*    *    *
Docket A-450-10.
RE: Appeal of Paula M. Semenec,
Owner of the One Dwelling Unit Single-Family
Residence
One
&
One/half
Story
Frame
Property
located on the premises known as
4564 West 145th Street from a
NOTICE OF VIOLATION — EXTERIOR MAINTENANCE, dated October 19, 2010 of the Director of the
Department of Building and Housing, requiring compliance with the
Codified Ordinances of the City of
Cleveland and the Ohio Building
Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant six (6) months in which
to abate the violations on the property; the property is REMANDED at
this time to the Department of
Building and Housing for supervision
and
any
required
further
action. Motion so in order. Motioned
by Mr. Maschke and seconded by Mr.
Bradley.
Yeas: Messrs. Denk, Gallagher,
Saab, Bradley, Maschke. Nays: None.

Docket A-454-10.
RE: Appeal of Ocey Scott, Owner
of the One Dwelling Unit SingleFamily Residence Two & One/half
Story Frame Property located on the
premises known as 3358 East 123rd
from
a
CONDEMNATION
Street
—
MAIN
STRUCTURE,
ORDER
dated March 5, 2010, and from a
ORDER
—
CONDEMNATION
GARAGE, dated July 13, 2009, of the
Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances
of the City of Cleveland and the
Ohio Building Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant three (3) months in which
to complete abatement of the violations, noting that there is good
progress on the work; if an extension is required, the inspector may
grant it; the property is REMANDED at this time to the Department
of Building and Housing supervision
and any required further action.
Motion so in order. Motioned by Mr.
Bradley and seconded by Mr. Saab.
Yeas: Messrs. Denk, Gallagher,
Saab, Bradley, Maschke. Nays: None.

9
Docket A-461-10.
RE: Appeal of Carmella Vaughters, Owner of the One Dwelling
Unit Single-Family Residence Two
& One/half Story Frame Property
located on the premises known as
East
121st
Street
from
a
3419
NOTICE OF VIOLATIONS — EXTERIOR MAINTENANCE, dated October 27, 2010 of the Director of the
Department of Building and Housing, requiring compliance with the
Codified Ordinances of the City of
Cleveland and the Ohio Building
Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant six (6) months in which
to complete abatement of the violations; the property is REMANDED
at this time to the Department of
Building and Housing for supervision
and
any
required
further
action. Motion so in order. Motioned
by Mr. Bradley and seconded by Mr.
Gallagher.
Yeas: Messrs. Denk, Gallagher,
Saab, Bradley, Maschke. Nays: None.
*    *    *

*    *    *

Docket A-464-10.
RE: Appeal of Duran Brown,
Owner of the Two Dwelling Units
Residence
Two
&
Two-Family
One/half
Story
Frame
Property
located on the premises known as
727 East 117th Street from a CONDEMNATION
ORDER
—
MAIN
STRUCTURE, dated September 23,
2009 of the Director of the Department of Building and Housing,
requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code
(OBC).
BE IT RESOLVED, a motion is in
order at this time to find that the
Condemnation Order was property
issued based upon the testimony
from the inspector; the property is
REMANDED at this time to the
Department of Building and Housing for supervision and any required
further action. Motion so in order.
Motioned by Mr. Gallagher and seconded by Mr. Bradley.
Yeas: Messrs. Denk, Gallagher,
Saab, Bradley, Maschke. Nays: None.

Docket A-460-10.
RE: Appeal of Rosemary Dudley,
Owner of the One Dwelling Unit Single-Family
Residence
Two
&
One/half Story Wood Frame/siding/Masonry Veneer Property located on the premises known as 1945
Hilton Road from a NOTICE OF
VIOLATION — EXTERIOR MAINTENANCE, dated October 20, 2010 of
the Director of the Department of
Building and Housing, requiring
compliance with the Codified Ordinances of the City of Cleveland and
the Ohio Building Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant ninety (90) days in which
to complete abatement of all violations; the property is REMANDED
at this time to the Department of
Building and Housing for supervision
and
any
required
further
action. Motion so in order. Motioned
by Mr. Gallagher and seconded by
Mr. Saab.
Yeas: Messrs. Denk, Gallagher,
Saab, Bradley, Maschke. Nays: None.

Docket A-465-10.
RE: Appeal of Ronald B. Shine,
Owner of the One Dwelling Unit single-Family
Residence
Two
&
One/half
Story
Frame
Property
located on the premises known as
9715 Easton Avenue from a NOTICE
OF
VIOLATION
—
INTERIOR/
EXTERIOR MAINTENANCE, dated
November 2, 2010 of the Director of
the Department of Building and
Housing, requiring compliance with
the Codified Ordinances of the City
of Cleveland and the Ohio Building
Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant three (3) months in which
to complete abatement of the violations; the property is REMANDED
at this time to the Department of
Building and Housing for supervision
and
any
required
further
action. Motion so in order. Motioned
by Mr. Maschke and seconded by Mr.
Bradley.
Yeas: Messrs. Denk, Gallagher,
Saab, Bradley, Maschke. Nays: None.

*    *    *
Docket A-457-10.
RE: Appeal of Gertrudis Ramos,
Owner of the Two Dwelling Units
Two-Family
Residence
Two
&
One/half
Story
Frame
Property
located on the premises known as
West
91st
Street
from
a
2041
NOTICE OF VIOLATION — EXTERIOR MAINTENANCE, and from a
CONDEMNATION
ORDER
—
GARAGE, both dated September 30,
2010 of the Director of the Department of Building and Housing,
requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code
(OBC).
Docket A-457-10 has been WITHDRAWN at the request of the Appellant.

*    *    *
Docket A-451-10.
RE: Appeal of Roy Legg, Owner
of the Two Dwelling units TwoFamily Residence Two & One/half
Story Frame Property located on the
premises known as 3128 Chestnutdale Avenue from a CONDEMNATION ORDER — MAIN STRUCTURE, dated October 18, 2010 of the
Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances
of the City of Cleveland and the
Ohio Building Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the
Appellant three (3) months in which
complete abatement of all violations
with the requirement that the exterior work be completed first; the
property is REMANDED at this time
to the Department of Building and
Housing for supervision and any
required further action. Motion so in
order. Motioned by Mr. Saunders and
seconded by Mr. Gallagher.
Yeas: Messrs. Denk, Gallagher,
Saab, Bradley, Maschke. Nays: None.

1121

*    *    *

The City Record

10
Docket A-467-10.
RE: Appeal of William Daniel,
Owner of the VL Vacant Lot Property located on the premises known
as 2933 East 83rd Street from a
NOTICE OF VIOLATION — EXTERIOR MAINTENANCE, dated October 12, 2010 of the Director of the
Department of Building and Housing, requiring compliance with the
Codified Ordinances of the City of
Cleveland and the Ohio Building
Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to require that all
debris on the property be removed
in quarterly increments within six
(6) months, noting that if during
any quarter debris is not removed,
the property is REMANDED immediately to the Department of Building and Housing for supervision and
any required further action. Motion
so in order. Motioned by Mr. Bradley
and seconded by Mr. Gallagher.
Yeas: Messrs. Denk, Gallagher,
Saab, Bradley, Maschke. Nays: None.
*    *    *
Docket A-479-10.
RE: Appeal of West Park Knights
of Columbus & Party Center, Owner
of the Property located on the
premises known as 3556 West 130th
Street from a NOTICE OF VIOLATION — FIRE CODE, dated September 27, 2010 of the Chief of the
Division of Fire, requiring compliance with the Codified Ordinances
of the City of Cleveland and the
Ohio Building Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to grant the variance and to allow the building to
exist without a fire alarm system
with removal of the communicating
doors and modification of the jams
so that the doors can’t be replaced
by someone not familiar with the
variance.
Motion
so
in
order.
Motioned by Mr. Gallagher and seconded by Mr. Maschke.
Yeas: Messrs. Denk, Gallagher,
Saab, Bradley, Maschke. Nays: None.
*    *    *
Docket A-162-11.
RE: Appeal of Stark 1350, LLC and
Orange Barrel Media, LLC, Owner of
the B Business – Offices, Laboratories, Adult School High-Rise Building Property located on the premises known as 1350 West 3rd Street
from a NOTICE OF VIOLATION —
DISPLAY SIGNS, dated April 14,
2011 of the Director of the Department of Building and Housing,
requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code
(OBC).
Docket A-162-11 have been POSTPONED; to be rescheduled for July
6, 2011.
*    *    *
Docket A-179-11.
RE: Appeal of Anthony E. Beckham (B & M BBQ & Catering),
Owner of the Property located on
the
premises
known
as
15116
Lakeshore
Boulevard
from
a
NOTICE OF VIOLATION — FIRE
CODE, dated June 2, 2011 of the
Chief of the Division of Fire, requir-

ing compliance with the Codified
Ordinances of the City of Cleveland
and the Ohio Building Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to require the
Appellant to submit plans and have
them approved and abate the violations within one (1) month; and to
require that a City of Cleveland Fire
Prevention Bureau FIRE WATCH
be obtained, by the Appellant for
any events that occur during that
period of time. The property is
REMANDED at this time to the
Division of Fire for supervision and
any required further action. Motion
so in order. Motioned by Mr. Saab
and seconded by Mr. Bradley.
Yeas: Messrs. Denk, Gallagher,
Saab, Bradley, Maschke. Nays: None.
*    *    *
Docket A-183-11.
RE:
Appeal
of
Fahim
Eddir,
Owner of the Property located on
the premises known as 3645 West
117th Street from a ABATEMENT
ORDER — FIRE CODE, dated June
7, 2011 of the Chief of the Division
of Fire, requiring compliance with
the Codified Ordinances of the City
of Cleveland and the Ohio Building
Code (OBC).
BE IT RESOLVED, a motion is in
order at this time to permit the
Appellant to remove the fire alarm
system at his discretion. Motion so
in order. Motioned by Mr. Gallagher
and seconded by Mr. Saab.
Yeas: Messrs. Denk, Gallagher,
Saab, Bradley, Maschke. Nays: None.

June 29, 2011
of the Resolutions as presented by
the Secretary for the following
Dockets respectively, subject to the
Codified Ordinances of the City of
Cleveland and the Ohio Building
Code (OBC):
A-393-10 —
ments, Ltd.
A-394-10 —
ments, Ltd.
A-395-10 —
A-424-10 —
LLC
A-428-10 —
A-431-10 —
A-432-10 —
A-434-10 —
A-435-10 —
A-437-10 —
A-453-10 —
A-165-11 —
A-172-11 —
Cleveland

Chariot House InvestChariot House InvestLeo Vovk
San Scott Investments,
Peca Properties
Daniel Belcher
Gilbert Tutino
Arthur Leeson Sr.
Marion G. Kozelka
Darlene Pride
Dorinda Brady
Clear Channel Outdoor
Brian Lyons/Cocktails

Yeas: Messrs. Denk, Gallagher,
Saab, Bradley. Nays: None. Not Voting: Mr. Maschke.
*    *    *
APPROVAL OF MINUTES:
Separate motions were entered by
Mr. Bradley and seconded by Mr.
Gallagher for Approval and Adoption of the Minutes as presented by
the Secretary, subject to the Codified Ordinances of the City of Cleveland and the Ohio Building Code
(OBC):

*    *    *

June 8, 2011

Docket A-184-11.
RE: Appeal of 1460 Ninth Street
Associates L.P. and Orange Barrel
Media, LLC, Owner of the Property
located on the premises known as
833 Superior Avenue from a NOTICE
OF
VIOLATION
—
UNAUTHORIZED SIGN, dated June 2, 2011 of
the Director of the Department of
Building and Housing, requiring
compliance with the Codified Ordinances of the City of Cleveland and
the Ohio Building Code (OBC).
Docket A-184-11 have been POSTPONED; to be rescheduled for July
6, 2011.

Yeas: Messrs. Denk, Gallagher,
Saab, Bradley. Nays: None. Not Voting: Mr. Maschke.

*    *    *
Docket A-185-11.
RE: Appeal of Stark 1350, LLC and
Orange Barrel Media, LLC, Owner of
the B Business – Offices, Laboratories, Adult School High-Rise Building Property located on the premises known as 1350 West 3rd Street
from a NOTICE OF VIOLATION —
DISPLAY SIGNS, dated April 14,
2011 of the Director of the Department of Building and Housing,
requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code
(OBC).
Docket A-185-11 have been POSTPONED; to be rescheduled for July
6, 2011.

*    *    *
JOSEPH F. DENK
Chairman

PUBLIC NOTICE
REQUEST FOR PROPOSALS
Request for Proposals from qualified vendors to provide the professional services necessary to update,
print, and bind the Codified Ordinances of the City of Cleveland, to
provide an annual review and comparison of the Codified Ordinances
to the Ohio Revised Code, and to
provide
webhosting
services
to
maintain and regularly update the
Codified Ordinances. Proposals due
by Friday, July 15, 2011 at 4:00 p.m.
For more information and to see the
Request
for
Proposals,
go
to
or
www.clevelandcitycouncil.org
call (216) 664-4198.
Patricia J. Britt,
Clerk of Council
June 15, 2011, June 22, 2011, June 29,
2011, July 6, 2011 and July 13, 2011

*    *    *
APPROVAL OF RESOLUTIONS:
Separate motions were entered by
Mr. Gallagher and seconded by Mr.
Bradley for Approval and Adoption

1122

NOTICE OF PUBLIC HEARING

NONE

June 29, 2011
CITY OF CLEVELAND BIDS

For All Departments
Sealed bids will be received at the
office of the Commissioner of Purchases and Supplies, Room 128, City
Hall, in accordance with the appended schedule, and will be opened and
read in Room 128, City Hall, immediately thereafter.
Each bid must be made in accordance with the specifications and
must be submitted on the blanks
supplied for the purpose, all of
which may be obtained at the office
of the said Commissioner of Purchases and Supplies, but no bid will
be considered unless delivered to
the office of the said commissioner
previous to 12:00 noon (Eastern
Standard Time) on the date specified in the schedule.
187.10 Negotiated contracts; Notice
required in Advertisement for Bids.
Where invitations for bids are
advertised,
the
following
notice
shall be included in the advertisement: “Pursuant to the MBE/FBE
Code, each prime bidder, each minority business enterprise (“MBE”) and
each
female
business
enterprise
(“FBE”) must be certified before
doing business with the City. Therefore, any prime contractor wishing
to receive credit for using an MBE
or FBE should ensure that applications for certification as to MBE or
FBE status compliance with the
Code, affirmative action in employment and, if applicable, joint venture status, are submitted to the Office of Equal Opportunity (“OEO”)
prior to the date of bid opening or
submission of proposals or as specified by the Director. Failure to comply with the business enterprise
code or with representations made
on these forms may result in cancellation of the contract or other
civil or criminal penalties.”
THURSDAY, JULY 14, 2011
File No. 104-11 — Maintaining Detention
Facilities
and
Structures
2011-2012, for the Division of Water
Pollution Control, Department of
Public Utilities, as authorized by
Ordinance No. 651-09, passed by the
Council of the City of Cleveland,
June 8, 2009.
THERE WILL BE A NON-REFUNDABLE FEE FOR PLANS AND
SPECIFICATIONS
IN
THE
AMOUNT OF FIFTY DOLLARS
($50.00) IN THE FORM OF A
CASHIER’S CHECK AND OR
MONEY ORDER ONLY (NO COMPANY CHECKS, NO CASH AND
NO CREDIT CARDS WILL BE
ACCEPTED).
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING
WEDNESDAY, JULY 6, 2011 AT
10:00 A.M. THE DIVISION OF
WATER POLLUTION CONTROL,
12302 KIRBY AVENUE, CLEVELAND, OHIO 44108.

June 22, 2011 and June 29, 2011

The City Record
FRIDAY, JULY 15, 2011

11

File No. 103-11 — Maintenance of
Decorative and Special Lighting,
for the Division of Cleveland Public Power, Department of Public
Utilties.
THERE WILL BE A NON-MANDAPRE-BID
MEETING
TORY
THURSDAY, JUNE 30, 2011 AT
11:00 A.M. THE CLEVELAND
PUBLIC POWER DIVISION, TOM
JOHNSON
BUILDING,
1300
L.
LAKESIDE
AVENUE,
CLEVELAND, OHIO 44114.

File No. 108-11 — Liquid Alum and
Alum Blend Coagulants, for the
Division of Water, Department of
Public Utilities, as authorized by
Section 129.24 of the Codified Ordinances of Cleveland, Ohio, 1976.
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING
THURSDAY, JUNE 30, 2011 AT
11:00 A.M. THE CARL B. STOKES
PUBLIC UTILITIES BUILDING,
1201 LAKESIDE AVENUE, 4TH
FLOOR ATRIUM CONFERENCE
ROOM, CLEVELAND, OHIO 44114.

June 29, 2011 and July 6, 2011

June 22, 2011 and June 29, 2011

FRIDAY, JULY 15, 2011

WEDNESDAY, JULY 20, 2011

File No. 105-11 2011 — Ball Diamond
Improvements, Package A, for the
Division of Architecture and Site
Development, Department of Public
Works and Mayor’s Office of Capital Projects, as authorized by Ordinance No. 452-11, passed by the
Council of the City of Cleveland,
May 16, 2011.
THERE WILL BE A NON-REFUNDABLE FEE FOR PLANS AND
SPECIFICATIONS
IN
THE
AMOUNT
OF
TWENTY-FIVE
($25.00)
IN
THE
DOLLARS
FORM OF A CASHIER’S CHECK
AND OR MONEY ORDER ONLY
COMPANY
CHECKS,
NO
(NO
CASH AND NO CREDIT CARDS
WILL BE ACCEPTED).
THERE WILL BE A NON-MANDAPRE-BID
MEETING
TORY
THURSDAY, JULY 7, 2011 AT
2:00 P.M. THE CLEVELAND PUBLIC AUDITORIUM, 500 LAKESIDE AVENUE, THIRD FLOOR
CONFERENCE ROOM, CLEVELAND, OHIO 44114.

File No. 110-11 — Labor and Materials Necessary to Maintain or
Replace Interior Landscaping, for
the Various Divisions of Port Control, Department of Port Control, as
authorized by Section 181.101 of the
Codified Ordinances of Cleveland,
Ohio, 1976.
THERE WILL BE A NON-MANDATORY PRE-BID MEETING FRIDAY, JULY 8, 2011 AT 10:00 A.M.
THE
CLEVELAND
HOPKINS
AIRPORT’S,
INTERNATIONAL
CENTRAL RECEIVING BUILDING, 19451 FIVE POINTS ROAD,
CLEVELAND, OHIO 44135-3193.

June 22, 2011, June 29, 2011 and July 6,
2011
THURSDAY, JULY 21, 2011
File No. 106-11 — Various Paper
Products and Print Services, for
the Cleveland City Council, as
authorized by Ordinance No. 556-11,
passed by the Council of the City
of Cleveland, April 25, 2011.
THERE WILL BE A MANDATORY
PRE-BID MEETING WEDNESDAY, JULY 6, 2011 AT 10:00 A.M.
CLEVELAND
CITY
HALL,
CLEVELAND
CITY
COUNCIL,
601
LAKESIDE
AVENUE,
CLEVELAND, OHIO 44114.
THE CITY OF CLEVELAND WILL
NOT CONSIDER THE BID OF
ANYONE WHO DOES NOT ATTEND A MANDATORY PRE-BID
CONFERENCE.
File No. 107-11 — Purchase of Hauling and Disposing of Water Plant
Residuals, for the Division of
Water, Department of Public Utilities, as authorized by Ordinance No.
360-11, passed by the Council of the
City of Cleveland, May 9, 2011.
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING
THURSDAY, JUNE 30, 2011 AT
10:00 A.M. THE CARL B. STOKES
PUBLIC UTILITIES BUILDING,
1201 LAKESIDE AVENUE, 4TH
FLOOR ATRIUM CONFERENCE
ROOM, CLEVELAND, OHIO 44114.

1123

June 29, 2011 and July 6, 2011
FRIDAY, JULY 22, 2011
File No. 111-11 — Asphalt Recyclers,
for the Division of Water Pollution
Control, Department of Public Utilities, as authorized by Ordinance
No. 1620-09, passed by the Council
of the City of Cleveland, November
23, 2009.
THERE WILL BE A NON-MANDATORY PRE-BID MEETING FRIDAY, JULY 8, 2011 AT 10:00 A.M.
MOTOR
VEHICLE
MAINTENANCE,
4150
EAST
49TH
STREET,
CLEVELAND,
OHIO
44105.
File No. 112-11 — Collinwood Recreation Center Furniture Project,
for the Division of Architecture and
Site Development, Department of
Public Works, as authorized by
Ordinance No. 597-09, passed by the
Council of the City of Cleveland,
June 8, 2009.
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING
THURSDAY, JULY 7, 2011 AT
2:00
P.M.
CLEVELAND
CITY
HALL, DIVISION OF RECREATION, ROOM 8, CONFERENCE
ROOM, CLEVELAND, OHIO 44114.
File No. 113-11 — Materials to Provide Off-Road Fossil Fuel and
Supporting Services (Re-bid), for
the Division of Water, Department
of Public Utilities, as authorized by
Section 181.101 of the Codified Ordinances of Cleveland, Ohio, 1976.
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING
THURSDAY, JULY 7, 2011 AT

The City Record

12
10:00 A.M. THE CARL B. STOKES
PUBLIC UTILITIES BUILDING,
4TH FLOOR ATRIUM CONFERENCE ROOM, 1201 LAKESIDE
AVENUE,
CLEVELAND,
OHIO
44114.
June 29, 2011 and July 6, 2011
FRIDAY, JULY 29, 2011
File No. 109-11 — Disposal of Catch
Basin Debris, for the Division of
Water Pollution Control, Department of Public Utilities, as authorized by Section 129.29 of the Codified Ordinances of Cleveland, Ohio,
1976.
THERE WILL BE A MANDATORY
PRE-BID
MEETING
FRIDAY,
JULY 8, 2011 AT 11:00 A.M. THE
DIVISION OF WATER POLLUTION CONTROL, 12302 KIRBY
AVENUE,
CLEVELAND,
OHIO
44108.
THE CITY OF CLEVELAND WILL
NOT CONSIDER THE BID OF
ANYONE WHO DOES NOT ATTEND A MANDATORY PRE-BID
CONFERENCE.
June 29, 2011 and July 6, 2011
WEDNESDAY, AUGUST 3, 2011
File No. 115-11 — Computer Hardware, Software and Services, for
the Division of Information Technology and Services, Department of
Finance, as authorized by Ordinance No. 1350-10, passed by the
Council of the City of Cleveland,
November 10, 2010.
THERE WILL BE A NON-MANDATORY
PRE-BID
MEETING
WEDNESDAY, JULY 13, 2011 AT
2:00 P.M. INFORMATION TECHNOLOGY AND SERVICES, 4TH
FLOOR
CONFERENCE
ROOM,
205
WEST
SAINT
CLAIR
AVENUE,
CLEVELAND,
OHIO
44113.
June 29, 2011 and July 6, 2011
THURSDAY, AUGUST 4, 2011
File No. 114-11 — Morgan Raw
Water Pump Station Mechanical,
Electrical
and
Miscellaneous
Improvements, Project No. 608, for
the Division of Water, Department
of Public Utilities, as authorized by
Ordinance No. 816-11, passed by the
Council of the City of Cleveland,
Pending.
THERE WILL BE A NON-REFUNDABLE FEE FOR PLANS AND
SPECIFICATIONS
IN
THE
AMOUNT
OF
ONE-HUNDRED
DOLLARS
($100.00)
IN
THE
FORM OF A CASHIER’S CHECK
AND OR MONEY ORDER ONLY
(NO
COMPANY
CHECKS,
NO
CASH AND NO CREDIT CARDS
WILL BE ACCEPTED).
THERE WILL BE A NON-MANDATORY PRE-BID MEETING FRIDAY, JULY 8, 2011 AT 1:30 P.M.
THE CARL B. STOKES PUBLIC
UTILITIES
BUILDING,
1ST
FLOOR
AUDITORIUM,
1201
LAKESIDE
AVENUE,
CLEVELAND, OHIO 44114.
June 29, 2011 and July 6, 2011

ADOPTED RESOLUTIONS
AND ORDINANCES
Ord. No. 680-11.
By Council Members Kelley and
Sweeney (by departmental request).
emergency
ordinance
to
An
approve the form and authorize the
execution of a power sales contract
with American Municipal Power, Inc.,
and taking other actions in connection therewith regarding participation in the AMP Fremont Energy Center.
Whereas, the City of Cleveland,
Ohio
(“hereinafter
Municipality”)
owns and operates an electric utility system 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,
Municipality has heretofore purchased, or desires to do so in the
economical
and
reliable
future,
power and energy from, or arranged
by, American Municipal Power, Inc.
“AMP”),
of
which
(hereinafter
Municipality is a Member; and
Whereas,
Municipality,
acting
individually and, along with other
municipalities which own and operate electric utility systems, jointly,
endeavors to arrange for reliable,
reasonably priced supplies of electric power and energy for ultimate
delivery to its customers; and
Whereas, it is efficient and economical to act jointly in such
regard; and
Whereas, AMP is an Ohio nonprofit corporation, organized to own
and operate facilities, or to provide
otherwise, for the generation, transmission or distribution of electric
power and energy, or any combination thereof, and to furnish technical services on a cooperative, nonprofit basis, for the mutual benefit
of its Members, such Members,
including the Municipality, being,
and to be, political subdivisions of
their respective states that operate
electric systems in, as of the date of
adoption hereof, Kentucky, Michigan, Ohio, Pennsylvania, Virginia
and West Virginia; and
Whereas, each of the Members
owns and operates its electric system for the benefit of its customers;
and
Whereas, certain of the Members,
including the Municipality, have
determined it requires additional,
long-term sources of reliable, environmentally sound and reasonably
priced electric capacity and energy
and
has
requested
that
AMP
arrange for the same; and
Whereas, in furtherance of such
purpose, Municipality, along with
other Members (collectively “Participants”) request and AMP agrees
and intends to finance, construct,
operate and own up to a one hundred percent (100%), and in any
case not less than an eighty percent
(80%), undivided ownership interest, in the Fremont Energy Center
having an expected net rated electric generating capacity of approximately
seven
hundred
seven
megawatts (707 MW), to be known
collectively as the American Municipal Power Fremont Energy Center

1124

June 29, 2011
(as hereinafter defined, “AMP Fremont Energy Center”); and
Whereas, AMP has resolved, in
accordance herewith, to develop,
including,
as
appropriate,
the
financing, acquisition, construction,
ownership and operation of, and
arrangements for the acquisition,
financing, payment and prepayment
of fuel for, its ownership interest in
the AMP Fremont Energy Center
(the “Project”) as well as other
arrangements related thereto, which
AMP and, in certain cases, the Participants, deem necessary to enable
AMP to fulfill its obligations hereunder to sell and transmit, or otherwise
make
available,
electric
capacity and energy to the Participants pursuant to the Fremont Energy Center Power Sales Contract
(hereinafter “PSC”); and
Whereas, in order to obtain such
sources of electric capacity and
energy, the Participants are willing
to pay AMP for their respective
rights to such electric capacity and
energy and transmission service at
rates that are sufficient, but only
sufficient, to enable AMP to (i)
all
costs
and
expenses
recover
with
respect
to,
and
incurred
arrangements for the acquisition,
financing, payment and prepayment
of fuel for, the Project as set forth
herein, all other Power Sales Contract Resources obtained by AMP to
supplement the Project, and related
service arrangements undertaken by
AMP to enable it to fulfill its obligations hereunder, and (ii) recover
any other expenditures or revenues
authorized hereunder; and
Whereas, AMP has investigated
both a self-build of a natural gas
combined cycle project as well as
the acquisition of one of several
existing natural gas combined cycle
projects either operating or in various stages of construction; and
Whereas, AMP and certain Members have determined that the purchase of the nearly complete Fremont Energy Center from FirstEnergy is the best option for AMP
Members; and
Whereas, because the expected in
service date of the Fremont Energy
Center is on or about January 1,
2012, certain Participants may need
to have AMP rearrange their current
power supply portfolio by selling
certain already purchased power,
principally for 2012 through 2015,
into the market (“Buy-Out”) and
finance the cost of such transaction
pursuant to the PSC; 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 the PSC between
Municipality and AMP, substantially
in the form placed in File No. 68011-A, including Appendices thereto
is approved, and the Director of Public Utilities (hereinafter “Director”)
of Municipality is hereby authorized
to execute and deliver such Power
Sales Contract, with such changes
as the Director may approve as neither inconsistent with this Ordinance nor materially detrimental to
the Municipality, his execution of
the PSC to be conclusive evidence of
such approval.

June 29, 2011
Section 2. That the Director is hereby authorized to acquire on behalf of
the Municipality, as a Participant, as
defined in the PSC, Power Sales Contract Resources (hereinafter “PSCR
Share”), as defined in the PSC, without bid, from AMP and to execute and
deliver any and all documents necessary to become a Participant in the
AMP Fremont Energy Center project
pursuant to the conditions set forth
herein and in the PSC and to carry out
its obligations thereunder and to
arrange for the Buy-Out of any excess
power and energy currently under
contract with AMP as the Director
deems in the best interests of the
Municipality.
Section 3. That the Director, in connection with the execution and delivery of the PSC, is authorized and
directed to acquire Municipality’s
PSCR Share (not taking into account
the Step-Up as defined in the PSC), of
60,000 kilowatts, such PSCR Share to
be set forth in Appendix A of the PSC.
Section 4. That the Director of this
Municipality, as a part of such officer’s official duties, is hereby appointed as Municipality’s representative
for any meetings or determinations of
the Participants or the Participants
Committee pursuant to the PSC and is
authorized and directed, acting for, in
the name of and on behalf of this
Municipality, to vote Municipality’s
PSCR Share with regard to any deter-

The City Record
minations regarding the AMP Fremont Energy Center project as set
forth in the PSC.
Section 5. That the Director may
appoint, in writing from time to time
as necessary, another representative
of the Municipality as his alternate to
carry out the duties set forth in Section 4 hereof.
Section 6. That the price of power
from the AMP Fremont Energy Center project may include recovery of up
to 50%, or $3,986,624 plus accrued
interest, of Cleveland Public Power’s
pro rata share of the estimated, maximum potential costs of the American
Municipal Power Generating Station
(AMPGS) associated with Cleveland
Public Power’s participation in that
project. Such costs shall be recoverable through the PSC as set forth
therein over a period not to exceed 15
years and may be charged to customers of Cleveland public Power in
the bills for electric service.
Section 7. That the payment to AMP
of the estimated other 50% of such
costs, or up to $3,986,624 plus accrued
from
Cleveland
Public
interest,
Power’s operating fund (Fund 58 SF
001) is authorized to compensate AMP
for the balance of Cleveland Public
Power’s pro rata share of the costs of
the AMPGS project. The timing and
amount(s) of such payment shall be
determined by the Director in consultation with the Director of Finance.
(RQS 2004, RL 2011-90)

13
Section 8. That it is found and determined that all formal actions of this
Council concerning and relating to
the passage of this ordinance were
taken in an open meeting of this
Council and that all deliberations of
this Council and of any committees
that resulted in those formal actions
were in meetings open to the public,
in compliance with all legal requirements.
Section 9. If any section, subsection,
paragraph, clause or provision or any
part thereof of this ordinance shall be
finally adjudicated by a court of competent jurisdiction to be invalid, the
remainder of this ordinance shall be
unaffected by such adjudication and
all the remaining provisions of this
ordinance shall remain in full force
and effect as though such section,
subsection, paragraph, clause or provision or any part thereof so adjudicated to be invalid had not, to the
extent of such invalidity, been included herein.
Section 10. 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.
Passed June 20, 2011.
Effective June 20, 2011.

REPRINT
Ord. No. 462-11.
By Council Members Kelley, Mitchell and Sweeney (by departmental request).
An emergency ordinance to approve rates and charges for water service, and to amend various Sections of Chapters 531, 533, and 535 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances; and
to repeal Sections 535.07 and 535.32, as amended by Ordinance No. 1092-59, passed April 27, 1959 and Ordinance No.
99566, passed May 22, 1933, relating to rates, fees, and charges for water and water-related services.
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 rates, rules, and regulations of the Division of Water, Department of Public Utilities, for
water service, fixed by the Board of Control by Resolution No. 143-11, adopted March 30, 2011, as amended by Resolution No. 274-11, adopted June 22, 2011, are approved.
Section 2. That the following sections of the Codified Ordinances of Cleveland, Ohio, 1976:
Section 531.81, as amended by Ordinance No. 778-06, passed June 5, 2006,
Section 533.01, as amended by Ordinance No. 778-06, passed June 5, 2006,
Section 533.16, as enacted by Ordinance No. 778-06, passed June 5, 2006,
Section 535.04, as amended by Ordinance No. 1567-07, passed October 29, 2007,
Section 535.05, as amended by Ordinance No. 1271-07, passed August 8, 2007,
Section 535.06, as amended by Ordinance No. 347-08, passed June 2, 2008,
Section 535.10, as enacted by Ordinance No. 1240-51, passed June 18, 1951,
Section 535.12, as enacted by Ordinance No. 778-06, passed June 5, 2006,
Section 535.15, as enacted by Ordinance No. 284-A-88, passed February 6, 1989, and
Section 535.21, as amended by Ordinance No. 778-06, passed June 5, 2006,
are amended to read as follows:
Section 531.81 Fees for Engineering Services
The Division of Water shall charge for engineering services it performs, such as plan reviews, hydraulic calculations, provision of copies of engineering drawings, processing of backflow device test and maintenance forms,
conducting testing to certify contractors to perform backflow device testing and processing as-built drawings.  A
deposit for as-built drawings shall be collected prior to construction and shall be refunded, less the processing
fee, when as-built drawings have been approved by the Division of Water.  The deposit will not be refunded
when the as-built drawings are incomplete or have not been submitted. Fees for processing as-built drawings
shall be charged based upon the submittal format. All charges shall be under Section 535.06 of the Codified Ordinances.
Section 533.01 General Provisions
(a) All Connections.
(1) All water service connections and service pipes from water distribution mains supplied with water by the
City shall be metered by a water meter, except connections for construction purposes or fire protection.

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(2) Metering devices shall be supplied by the Division of Water, and shall remain the property of the City.
(3) Charges for metering devices and their installation and/or replacement shall be under Section 535.06 of the
Codified Ordinances.
(4) Charges for metering devices supplied by the City and for their installation by the City shall be borne by
the owner of or the person applying for water service to the premises.
(5) Excepting private re-registering and sewer-exempt meters, metering devices shall be replaced and/or repaired
by and at the expense of the Division.
(b) New Connections.
(1) All new service connections and service pipes from all water distribution mains supplied with water by the
City shall be metered by a water meter pursuant to the rules and regulations of the Division of Water.
(2) When vaults are required, they shall be furnished by the owner or customer and approved by the Commissioner. Vaults shall be installed by the owner or customer in strict conformity with the rules and regulations
of the Department of Public Utilities.
(3) Once access to domestic water is established, but prior to a meter being installed, water consumption shall
be estimated and billed at the amounts shown in the table below, at the applicable service district rates where
the premise is located.
Connection (Size)

Daily MCF to be Billed

5/8"
3/4"
1"
1 1/2"
2"
3"
4"
6"
8"
10"
12"

0.04
0.04
0.05
0.25
0.43
1.15
2.45
7.36
13.13
20.00
25.65

(c) Existing Connections.
(1) Meters on existing service connections and service pipes shall be replaced on request of the owner or when
deemed necessary by the Commissioner, subject to approval by the Director, to prevent waste or to protect the
integrity of the water system or to continue the policy of metering all consumers, pursuant to rules and regulations by the Commissioner, subject to approval by the Director.
(2) Replacement, repair and maintenance of metering devices shall be performed only by authorized employees of the Division or by other authorized representatives of the Division.
(3) Charges for installation and/or replacement of metering devices may be prorated on the water bill for a
period of not more than four years or may be paid in a lump sum.
(d) Rules and Regulations. The Director shall make and amend written rules and regulations necessary to
effectuate the provisions of this chapter. The rules and regulations shall not conflict with nor waive any provisions of these Codified Ordinances.
Section 533.16 Charges for Reading Registering Meters
The charge for reading each private re-registering meter shall be under Section 535.06 of the Codified Ordinances. This charge shall be added to and made a part of the monthly or quarterly charge for water furnished
through the main meter.
Section 535.04 Water Rates
(a) Water Rates
(1) Quarterly Water Rate Schedule for Direct Service Accounts
Fixed Charge*
(Expressed in Dollars per quarter)
Description
Homestead
5/8" to 1" Meter
1 1/2" to 2" Meter
3" to 4" Meter
6" Meter
8" Meter
10" Meter
12" Meter

2011
$12.50
$18.00
$36.00
$120.00
$220.00
$330.00
$410.00
$500.00

2012
$12.50
$18.00
$36.00
$120.00
$220.00
$330.00
$410.00
$500.00

2013

2014

2015

$14.00
$21.00
$41.00
$140.00
$250.00
$380.00
$480.00
$570.00

$15.50
$24.00
$47.00
$160.00
$290.00
$430.00
$540.00
$650.00

$17.00
$27.00
$53.00
$180.00
$320.00
$480.00
$610.00
$730.00

* Fixed Charge for Compound Meters is based upon the larger size.
Also, Fixed Charges are not prorated but apply to all quarterly bills generated in a specific calendar year.

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Water Consumption Charges **
(Expressed in Dollars per MCF)

Description

2011

2012

2013

2014

2015

City of Cleveland
Regular Rates
0 to 1 MCF
0 to .6 MCF
Additional MCFs
Homestead - All MCFs

$12.58
N/A
$26.90

$13.76
$27.52

$15.51
$29.48

$17.34
$31.22

$19.26
$32.74

$5.59

$6.88

$8.53

$10.41

$12.52

Low and 1st High Service Suburbs
Regular Rates
0 to 1 MCF
0 to .6 MCF
Additional MCFs
Homestead - All MCFs

$19.50
N/A
$41.70

$20.47
$41.70

$22.11
$42.01

$23.63
$42.53

$25.04
$42.56

$8.66

$10.23

$12.16

$14.18

$16.27

2nd High Service Suburbs
Regular Rates
0 to 1 MCF
0 to .6 MCF
Additional MCFs

$22.64
N/A
$48.42

$24.08
$48.42

$26.38
$50.11

$28.62
$51.51

$30.82
$52.39

Homestead - All MCFs

$10.06

$12.04

$14.51

$17.17

$20.03

3rd High Service Suburbs***
Regular Rates
0 to 1 MCF
0 to .6 MCF
Additional MCFs

$25.91
N/A
$55.41

$27.62
$55.41

$30.33
$57.63

$33.00
$59.39

$35.63
$60.57

Homestead - All MCFs

$11.52

$13.81

$16.68

$19.80

$23.16

** Water Consumption Charges are prorated if a billing cycle covers a multi-year period.
*** including all direct service communities in Medina, Summit and Geauga Counties
(2) Monthly Water Rate Schedule for Direct Service Accounts
Fixed Charge*
(Expressed in Dollars per month)
Description

2011

2012

2013

2014

2015

$7.00
$14.00
$47.00
$83.00
$127.00
$160.00
$190.00

$8.00
$16.00
$53.00
$97.00
$143.00
$180.00
$217.00

$9.00
$18.00
$60.00
$107.00
$160.00
$203.00
$243.00

All Accounts
5/8’’to 1" Meter
1 1/2" to 2" Meter
3" to 4" Meter
6" Meter
8" Meter
10" Meter
12" Meter

$6.00
$12.00
$40.00
$73.00
$110.00
$137.00
$167.00

$6.00
$12.00
$40.00
$73.00
$110.00
$137.00
$167.00

* Fixed Charge for Compound Meters is based upon the larger size
Also, Fixed Charges are not prorated but apply to all monthly bills generated in a specific calendar year.
Water Consumption Charges**
(Expressed in Dollars per MCF)
Description

2011

2012

2013

2014

2015

$13.76
$27.52

$15.51
$29.48

$17.34
$31.22

$19.26
$32.74

$6.88

$8.53

$10.41

$12.52

City of Cleveland
Regular Rates
0 to .33 MCF
0 to .2 MCF
Additional MCFs
Homestead - All MCFs

$12.58
N/A
$26.90
$5.59

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Low and 1st High Service Suburbs
Regular Rates
0 to .33 MCF
0 to .2 MCF
Additional MCFs
Homestead - All MCFs

$19.50
N/A
$41.70

$20.47
$41.70

$22.11
$42.01

$23.63
$42.53

$25.04
$42.56

$8.66

$10.23

$12.16

$14.18

$16.27

2nd High Service Suburbs
Regular Rates
0 to .33 MCF
0 to .2 MCF
Additional MCFs

$22.64
N/A
$48.42

$24.08
$48.42

$26.38
$50.11

$28.62
$51.51

$30.82
$52.39

Homestead - All MCFs

$10.06

$12.04

$14.51

$17.17

$20.03

3rd High Service Suburbs***
Regular Rates
0 to .33 MCF
0 to .2 MCF
Additional MCFs

$25.91
N/A
$55.41

$27.62
$55.41

$30.33
$57.63

$33.00
$59.39

$35.63
$60.57

Homestead - All MCFs

$11.52

$13.81

$16.68

$19.80

$23.16

** Water consumption charges are prorated if a billing cycle covers a multi year period.
*** including all direct service communities in Medina, Summit and Geauga Counties

(3) Monthly Master Meter Water Rate Schedule
Water Consumption Charges
(Expressed in Dollars per MCF)
Community
Bedford
Chagrin Falls
Cleveland Heights
Lakewood
Geauga County

2011

2012

2013

2014

2015

$31.54
$35.76
$31.50
$27.10
$38.72

$31.54
$35.76
$31.50
$27.10
$38.72

$31.54
$36.14
$31.50
$27.10
$38.72

$32.53
$37.51
$32.53
$27.10
$38.72

$33.35
$38.56
$33.35
$27.10
$38.72

(4) Emergency Stand By Water Rate Schedule
Water Consumption Charges
(Expressed in Dollars per MCF)
Community
Berea
Lake County
Lorain County
North Ridgeville
Medina County
Summit County
Hudson
Portage County

2011

2012

2013

2014

2015

$39.44
$38.36
$39.44
$31.41
$45.72
$45.72
$45.72
$45.72

$39.44
$38.36
$39.44
$31.41
$45.72
$45.72
$45.72
$45.72

$39.44
$38.36
$39.44
$31.41
$45.72
$45.72
$45.72
$45.72

$39.44
$38.36
$39.44
$31.41
$45.72
$45.72
$45.72
$45.72

$39.44
$38.36
$39.44
$31.41
$45.72
$45.72
$45.72
$45.72

1 MCF = approximately 7,500 gallons
(b) For Master Meter communities. All bills for water furnished shall be rendered monthly to the municipality or district to which water is so furnished, and if not paid within fifteen (15) days after the date of billing
by the City of Cleveland, such bills shall be subject to a penalty of five percent added thereto. In the event that
any monthly bill is not paid within four (4) months after written notice is given by the City of Cleveland, the
City of Cleveland may, at is option, cease to furnish water to such municipality or district pending payment of
any overdue amount.
(c) Rates for Standby Emergency Water Service. The rates to be charged for standby emergency water service
shall consist of an annual standby fee of $3600.00 per year in addition to the charge for consumption provided
in division (a) of this section. Standby fees for standby emergency water service shall be payable in advance.
All bills for water furnished under this section shall be rendered upon the termination of customer’s emergency
period or, if the duration of the emergency is longer than thirty days, in thirty day intervals. In the event that
any standby fee is not paid in advance or any consumption bill is not paid within four months after written

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notice is given by the City of Cleveland, the City of Cleveland may at its option, cease to furnish standby emergency water service to such customer pending payment of any overdue amount.
(d) Large Industrial Customers. All water used in excess of 62,500,000 cubic feet during a three month billing
period shall be charged at a rate of seventy-five percent (75%) of the rate prescribed in this section for water
used in excess of one thousand (1,000) cubic feet.
(e) Customers supplied from more than one service district. Customers with premises supplied with water from
more than one service district shall be billed at the rate for the service district from which the predominant
quantity of water is supplied.
(f) Water rates shall be charged based on the location of the water meter when determining whether a water
account is located within City of Cleveland or a suburban community, or whether it is located within Cuyahoga
County.
(g) All rates shall be effective on January 1 of each year, except for 2011 which shall be effective July 16,
2011.
Section 535.05 Affordability Programs
(a) Special Homestead Rate. Homesteads that are single family residential property owned and occupied by a
person sixty-five years of age or older whose total annual income does not exceed the limits listed below or homesteads that are single family residential property owned and occupied by a person permanently and totally disabled whose total annual income does not exceed the limits listed below may be eligible for the special homestead rate established for the service district in which the homestead is located under Section 535.04 of these Codified Ordinances. The Director of Public Utilities shall prescribe the application form for the homestead rates and
have final approval of all applications.
Income Limits:
Year
2011
2012
2013
2014
2015

Total Annual Income
$30,000
$30,500
$31,000
$31,500
$32,000

(b) The Director of Public Utilities may establish an affordability program to provide assistance to eligible
low-income customers. The program may offer a reduction of forty percent (40%) from the water bill for residential customers who have been qualified to receive assistance through the federally funded Home Energy Assistance Program. The Director of Public Utilities shall set the guidelines for administering the affordability program and have final approval of all applications.

Section 535.06 Fees and Charges
(a) New Connections (taps, fire supply) (ductile iron prices)
2011

2012

2013

2014

1"
$299
1 1/2"
$1,430
2"
$1,551
3"
$1,560
4"
$1,990
6"
$2,094
8"
$2,355
10"
$2,804
12"
$3,925
for concrete pipe add 55% surcharge

$310
$1,479
$1,604
$1,614
$2,059
$2,165
$2,436
$2,900
$4,060

$320
$1,527
$1,656
$1,666
$2,126
$2,236
$2,515
$2,994
$4,191

$332
$1,587
$1,721
$1,732
$2,209
$2,323
$2,613
$3,111
$4,355

2011

2012

2013

2014

$144
$144
$287
$287
$287
$287
$431
$431

$149
$149
$297
$297
$297
$297
$446
$446

$153
$153
$307
$307
$307
$307
$460
$460

$159
$159
$319
$319
$319
$319
$478
$478

2015
$342
$1,636
$1,775
$1,785
$2,277
$2,396
$2,695
$3,208
$4,491

(b) Curb Valves (Flat Rate Labor only)

1 1/2"
2"
3"
4"
6"
8"
10"
12"

2015
$164
$164
$329
$329
$329
$329
$493
$493

(c) Tapping Sleeve and Valve (for tying new main to existing main)

8" or less
10"
12"
16" or greater (deposit + cost)

2011

2012

2013

2014

$2,355
$2,804
$3,925
$5,011

$2,436
$2,900
$4,060
$5,243

$2,515
$2,994
$4,191
$5,484

$2,613
$3,111
$4,355
$5,745

for concrete pipe add 55% surcharge

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$2,695
$3,208
$4,491
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(d) Plugging Connections (fee only includes actual plugging of connection; excavation and restoration will be
invoiced at cost)

<2"
2" - 12"
>12"

2011

2012

2013

2014

2015

$1,599
$2,132
$2,665

$1,675
$2,232
$2,790

$1,753
$2,337
$2,921

$1,837
$2,449
$3,061

2011

2012

2013

2014

$157
$470
$470
$470
$618
$812
$1,027
$1,293
$1,582

$162
$486
$486
$486
$639
$840
$1,063
$1,338
$1,636

$167
$502
$502
$502
$660
$868
$1,097
$1,381
$1,689

$174
$522
$522
$522
$686
$902
$1,140
$1,435
$1,755

2011

2012

2013

2014

$191

$251

$258

$296

$307

$235
$224

$297
$286

$305
$293

$344
$333

$358
$345

$275
$281
$780
$1,387
$2,983
$5,005
$5,959
$8,341
$1,779
$2,171
$2,562
$4,413
$7,017
$8,355
$11,695

$339
$366
$883
$1,511
$3,162
$5,253
$6,239
$8,704
$1,948
$2,375
$2,780
$4,695
$7,388
$8,771
$12,226

$348
$376
$909
$1,558
$3,262
$5,421
$6,439
$8,984
$2,007
$2,448
$2,866
$4,843
$7,623
$9,052
$12,619

$390
$417
$972
$1,645
$3,416
$5,659
$6,718
$9,362
$2,141
$2,599
$3,033
$5,087
$7,976
$9,460
$13,167

$404
$432
$1,004
$1,698
$3,524
$5,838
$6,929
$9,655
$2,213
$2,684
$3,131
$5,250
$8,229
$9,759
$13,581

2011

2012

2013

2014

$2,478
$4,131

$2,566
$4,275

$2,655
$4,425

$2,748
$4,580

$1,923
$2,563
$3,203

(e) Meter Settings

1" or smaller
1 1/2"
2"
3"
4"
6"
8"
10"
12"

2015
$179
$538
$538
$538
$707
$930
$1,176
$1,480
$1,810

(f) Install/Replace Meters

1" or smaller vault setting
1" or smaller - inside
setting w/ remote
reading device
1 1/2" vault setting
1 1/2" - inside setting
w/ remote reading
device
2"
3"
4"
6"
8"
10"
12"
2" compound
3" compound
4" compound
6" compound
8" compound
10" compound
12" compound

2015

(g) Regulators

8" (cost plus)
12" (cost plus)

2015
$2,845
$4,740

(h) Water Use From Hydrants and Other Unmetered Sources

Permit
Volume Charge
($/MCF/service area)
Meter/Valve/BF
Assembly Refundable
Deposit
Meter Rental Fee

2011

2012

2013

2014

$40

$42

$44

$46

2015
$48

Charged at additional MCF rate in applicable rate district
where hydrant is located
$1,125

$35 1st wk;
$25/wk
after

$1,150

$35 1st wk;
$25/wk
after

1130

$1,175

$1,200

$35 1st wk; $35 1st wk;
$25/wk
$25/wk
after
after

$1,225

$35 1st wk;
$25/wk
after

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June 29, 2011

19

(i) Miscellaneous Engineering Services
2011

2012

2013

2014

2015

$0.30

$0.32

$0.34

$0.36

$0.38

Plan reviews – per plan &
profile dwg.* containing
water work

$500

$510

$520

$530

$540

As-Built Creation –
refundable deposit – per
plan & profile dwg.*
containing water work

$500

$500

$500

$500

$500

$250

$250

$250

$250

$250

$100

$100

$100

$100

$100

$25

$25

$25

$25

$25

$44

$46

$47

$49

$51

$5

$6

$7

$8

$9.95

$9.95

$9.95

$9.95

Copy fee for roll maps,
engineering dwgs. - per sq. ft

As-built processing fee –
per plan profile dwg.*
containing water work
Hard or paper copier –
per dwg.
AutoCad format –
per dwg.
GIS format per CWD
stds. – per dwg.
Plumber Certification
Backflow Prevention testing
fee – CWD professing fee
Backflow Prevention testing fee –
vendor processing fee
* D-size drawing

$9
$9.95

(j) Disinfection of Water Mains
2011
charges for min.
per ft.
services:
charges charge*
4" diameter
6"
8"
10"
12"
16"
20" or
greater
(deposit
+ cost)
invoiced
at actual
cost

$660
$660
$840
$840
$1,032
$1,140

$0.55
$0.55
$0.70
$0.70
$0.86
$0.95

2012
min.
charges

per ft.
charge*

$684
$684
$888
$888
$1,080
$1,188

$3,200
deposit,
invoiced
at actual
cost

2013

$0.57
$0.57
$0.74
$0.74
$0.90
$0.99

min.
charges

per ft.
charge*

min.
charges

$0.60
$0.60
$0.78
$0.78
$0.95
$1.04

$756
$756
$972
$972
$1,200
$1,308

$720
$720
$936
$936
$1,140
$1,248

$3,300
deposit,
invoiced
at actual
cost

2014

$3,400
deposit,
invoiced
at actual
cost

per ft.
charge*
$0.63
$0.63
$0.81
$0.81
$1.00
$1.09

2015
min.
charges

per ft.
charge*

$792
$792
$1,032
$1,032
$1,260
$1,380

$0.66
$0.66
$0.86
$0.86
$1.05
$1.15

$3,500
deposit,
invoiced
at actual
cost

$3,600
deposit,
invoiced
at actual
cost

$380

$390

* per ft. charge applies only when the minimum is exceeded
Come
Back
Fee

$350

$360

$370

(k) Meter Test at Customer’s Request (red tag, flow test)

1" or less
1" to 4"
Over 4"

2011

2012

2013

2014

2015

$52
$106
$210

$54
$110
$218

$56
$113
$225

$58
$118
$234

$60
$121
$241

2011

2012

2013

2014

2015

(l) Reading Re-registering Meters

($/read)

$1.47

$1.54

1131

$1.62

$1.70

$1.79

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20

June 29, 2011

(m) Special Service Calls by Customer Request
2011

2012

2013

2014

2015

$18

$19

$20

$21

$22

2011

2012

2013

2014

2015

$29

$30

$31

$32

$33

2011

2012

2013

2014

2015

$30

$31

$32

$33

$34

2014

2015

(n) Charge for Appointment Broken by Customer

(o) Returned Checks

(p) (1) Quarterly Flat Rate for Unmetered Fire Line Service

Connection Size
1 1/2"
2"
3"
4"
6"
8"
10"
12"

2011

2012

2013

$41.57
$41.57
$41.57
$113.08
$162.96
$291.00
$455.62
$621.91

$43.45
$43.45
$43.45
$118.20
$170.34
$304.17
$476.24
$650.06

$43.93
$43.93
$43.93
$119.51
$172.23
$307.55
$481.53
$657.28

$44.56
$44.56
$44.56
$121.23
$174.70
$311.96
$488.44
$666.71

$46.27
$46.27
$46.27
$125.87
$181.39
$323.91
$507.15
$692.25

(2) Monthly Flat Rate for Unmetered Fire Line Service

Connection Size
1 1/2"
2"
3"
4"
6"
8"
10"
12"

2011

2012

2013

$13.86
$13.86
$13.86
$37.69
$54.32
$97.00
$151.87
$207.30

$14.48
$14.48
$14.48
$39.40
$56.78
$101.39
$158.75
$216.69

$14.64
$14.64
$14.64
$39.84
$57.41
$102.52
$160.51
$219.09

2014
$14.85
$14.85
$14.85
$40.41
$58.23
$103.99
$162.81
$222.24

2015
$15.42
$15.42
$15.42
$41.96
$60.46
$107.97
$169.05
$230.75

(q) All fees and charges shall be effective on January 1 of each year, except for 2011 which shall be effective
July 16, 2011.
(r) The Commissioner may enter into payment arrangements for installment payments of the fees and charges
contained in this section or in Section 535.23 when determined to be reasonable by the Commissioner. Failure to
make any payment under an arranged payment plan when due shall cause the total unpaid amount to become
payable on demand and may lead to termination of water service.
Section 535.10 Water Billing Cycle
Water accounts shall be billable and payable at intervals of one or three months, as determined by the Director of Public Utilities.
Section 535.12 Extension of Time for Payment
Water bills shall be paid on or before the date stated on the bill but the Director of Public Utilities may after
investigation, grant an extension of time in cases of indigency, emergency, relief and similar conditions. Partial
payments may be accepted, properly approved, but bills must be paid in full pursuant to the rules and regulations of the Division of Water.
Section 535.15 New Applications for Water Service; Owner Liability; Deposits
(a) Applications for the use of water shall be made and accepted in a manner prescribed by the Director of
Public Utilities. All accounts for water service shall be established and maintained in the name of the record
title owner of the premises served thereby. Any owner of real estate premises to which water is supplied shall
be deemed primarily liable for all water and service charges for such premises, whether or not the premises is
occupied by the owner, tenant or other persons, and whether or not the account has been established in the name
of some other person or entity. In addition, any user and/or occupant of the premises where water service is provided shall be liable for payment for such services.
(b)
The Director of Public Utilities may require a deposit to be placed on an account whenever the account
holder:
(1) Does not have an established credit history with the Division of Water.
(2) Has received delinquency or termination of service notices and wishes to avoid such termination.
(3) Has had service terminated for nonpayment.
(4) Is a debtor in a pending case in U.S. Bankruptcy Court.
(5) Refuses to allow employees of the Division of Water to enter upon the premises served for the purposes
of meter reading, repairs and/or testing.

1132

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21

The deposit amount shall equal six average monthly bills or two average quarterly bills on that account which
shall be calculated based on the previous twelve (12) months’ consumption at the premises served.
(c) Deposits held by the Division of Water shall not be applied to current water or sewer bills. However, a
deposit held on an account shall be returned to the depositor if, subsequent to the date of the deposit, 12 consecutive monthly bills or four consecutive quarterly bills are timely paid. If a deposit is held on an account at
the time it is closed, the deposit shall be applied to any final amount outstanding, and the balance, if any, shall
be returned to the depositor.
Section 535.21 Charges for Unmetered Fire Protection Service within the City and Direct Service Metropolitan
Area
Water shall be furnished to an unmetered fire protection service connection only for fire protection, testing and
maintenance purposes. A charge shall be made for each unmetered fire supply connection within the limits of
the City and direct service suburbs. The charge shall be determined by the size of the fire supply connection
through which water passes for use on the premises so supplied at the rate for unmetered fire line service under
Section 535.06 (p) of the Codified Ordinances. Unauthorized water use through unmetered fire protection service
connections shall be billed and charged at the additional MCF rate in the applicable service district. Additional
penalties and charges based on consumption may be charged for unauthorized uses of an unmetered fire protection service connection.
Charges shall be collected monthly or quarterly for each fire supply connection to cover inspection, testing,
sealing and resealing of such service connections, stand-by pumpage capacity, and replacement or cleaning of distribution or trunk water mains to improve the water supply for fire protection purposes.
Section 535.24 Charges for Water from Fire Hydrants
(a) In addition to other charges, if water is used from a public fire hydrant, upon special permit only, a charge
for the permit and a hydrant rental must be paid in advance under Section 535.06 of the Codified Ordinances. A
separate permit shall be issued for each hydrant which shall identify its location.
(b) Water may be furnished from a fire hydrant for any special purpose authorized by the Commissioner of
the Division of Water. The charge for water so furnished shall be at the additional MCF rate under Section 535.04
for the service district in which the fire hydrant is located. The quantity of water used may be estimated by the
Commissioner based on information provided by the user as to the user’s purpose and needs, or the Commissioner
may require the installation of a meter at the connection to the hydrant to be used, in which event the user shall
pay the cost of installing the meter and the cost of all water measured.
Section 3. That the following existing sections of the Codified Ordinances of Cleveland, Ohio, 1976:
Section 531.81, as amended by Ordinance No. 778-06, passed June 5, 2006,
Section 533.01, as amended by Ordinance No. 778-06, passed June 5, 2006,
Section 533.16, as enacted by Ordinance No. 778-06, passed June 5, 2006,
Section 535.04, as amended by Ordinance No. 1567-07, passed October 29, 2007,
Section 535.05, as amended by Ordinance No. 1271-07, passed August 8, 2007,
Section 535.06, as amended by Ordinance No. 347-08, passed June 2, 2008,
Section 535-07, as enacted by Ordinance No. 1092-59, passed April 27, 1959,
Section 535.10, as enacted by Ordinance No. 1240-51, passed June 18, 1951,
Section 535.12, as enacted by Ordinance No. 778-06, passed June 5, 2006,
Section 535.15, as enacted by Ordinance No. 284-A-88, passed February 6, 1989,
Section 535.21, as amended by Ordinance No. 778-06, passed June 5, 2006, and
Section 535.32, as amended by Ord. No. 99566, passed May 22, 1933,
are repealed.
Section 4. That Council waives the notice requirements contained in division (b) of Section 111.072 of the Codified Ordinances of Cleveland, Ohio, 1976.
Section 5. That the Director of Public Utilities shall provide reports to the Chair of the Public Utilities Committee and the Clerk of Council upon each meeting of the Administration’s oversight committee reviewing the
progress of the management consulting firm selected under Ordinance No. 138-11, passed January 31, 2011. The
management consulting firm shall meet with the Public Utilities Committee at least once during the Spring and
twice during the Fall session of Council throughout the entire term of their agreement.
Section 6. 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.
Passed May 23, 2011.
Effective June 22, 2011.

COUNCIL COMMITTEE
MEETINGS

NO MEETINGS

1133

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22

June 29, 2011

Index
O—Ordinance; R—Resolution; F—File
Bold figures—Final Publication; D—Defeated; R—Reprint; T—Tabled; V—Vetoed;
Bold type in sections indicates amendments

Agreements
Utilities Department - American Municipal Power, Inc to participate in Fremont
Energy Center (O 680-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1124

Board of Building Standards and Building Appeals
Alcoy Road, 1820, (Ward 10) — Dorinda Brady, owner — appeal adopted on 6/22/11 (Doc. A-453-10) .
Bush Avenue, 4520, (Ward 14) — Chariot House Investments, Ltd., owner — appeal adopted
on 6/22/11 (Doc. A-393-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chestnutdale Avenue, 3128, (Ward 14) — Roy Legg, owner — appeal resolved on 6/22/11
(Doc. A-451-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Crennell Avenue, 13219, (Ward 2) — Callender-Brooks, LLC, owner — appeal resolved
on 6/22/11 (Doc. A-448-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Detroit Road, 9208, (Ward 16) — Brian Lyons/Cocktails Cleveland, owner — appeal adopted
on 6/22/11 (Doc. A-172-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 101st Street, 2307, (Ward 6) — Kiana Roberts, owner — appeal resolved on
6/22/11 (Doc. A-444-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 117th Street, 727, (Ward 9) — Duran Brown, owner — appeal resolved on 6/22/11
(Doc. A-464-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 121st Street, 3419, (Ward 6) — Carmella Vaughters, owner — appeal resolved on
6/22/11 (Doc. A-461-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 123rd Street, 3358, (Ward 4) — Ocey Scott, owner — appeal resolved on 6/22/11
(Doc. A-454-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 135th Street, 3398, (Ward 4) — K.M. Progressive Builders and Remodelers, LLC, owner —
appeal resolved on 6/22/11 (Doc. A-446-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 144th Street, 3736, (Ward 2) — Darlene Pride, owner — appeal adopted on 6/22/11
(Doc. A-437-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 148th Street, 476, (Ward 10) — Richard Mason, II, owner — appeal postponed to 7/6/11
on 6/22/11 (Doc. A-449-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 64th Street, 1103, (Ward 7) — Kiana Roberts, owner — appeal resolved on 6/22/11
(Doc. A-445-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 83rd Street, 2200, (Ward 6) — Daniel Belcher, owner — appeal adopted on 6/22/11
(Doc. A-431-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 83rd Street, 2933, (Ward 5) — William Daniel, owner — appeal resolved on
6/22/11 (Doc. A-467-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 89th Street, 2321, (Ward 6) — Kiana Roberts, owner — appeal resolved on 6/22/11
(Doc. A-443-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Easton Avenue, 9715, (Ward 6) — Ronald B. Shine, owner — appeal resolved on 6/22/11
(Doc. A-465-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Elizabeth Avenue, 9522, (Ward 2) — San Scott Investments, LLC, owner — appeal adopted on
6/22/11 (Doc. A-424-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hilton Road, 1945, (Ward 10) — Rosemary Dudley, owner — appeal resolved on 6/22/11
(Doc. A-460-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lakeshore Boulevard, 15116, (Ward 11) — Anthony E. Beckham (B & M BBQ & Catering), owner —
appeal resolved on 6/22/11 (Doc. A-179-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Louisiana Avenue, 3007, (Ward 14) — Marion G. Kozelka, owner — appeal adopted on 6/22/11
(Doc. A-435-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nelson Avenue, 11101, (Ward 2) — Antonio Cook, owner — appeal resolved on 6/22/11
(Doc. A-439-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Norwood Road, 1191, (Ward 7) — Leo Vovk, owner — appeal adopted on 6/22/11 (Doc. A-395-10) . . . .
Pearl Road, 4163, (Ward 13) — Gilbert Tutino, owner — appeal adopted on 6/22/11
(Doc. A-432-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Riverside Drive, 5300, (Ward 18) — Clear Channel Outdoor, owner — appeal adopted on
6/22/11 (Doc. A-165-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Superior Avenue, 833, (Ward 3) — 1460 Ninth Street Associates L.P. and Orange Barrel
Media, LLC, owner — appeal postponed to 7/6/11 on 6/22/11 (Doc. A-184-11). . . . . . . . . . . . . . . . . .
West 117th Street, 3645, (Ward 17) — Fahim Eddir, owner — appeal resolved on 6/22/11
(Doc. A-183-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 130th Street, 3556, (Ward 18) — West Park Knights of Columbus & Party Center, owner —
appeal resolved on 6/22/11 (Doc. A-479-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 145th Street, 4564, (Ward 18) — Paula M. Semenec, owner — appeal resolved on 6/22/11
(Doc. A-450-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 3rd Street, 1350, (Ward 3) — Stark 1350, LLC and Orange Barrel Media, LLC, owner —
appeal postponed to 7/6/11 on 6/22/11 (Doc. A-162-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 46th Street, 3519, (Ward 14) — Chariot House Investments, Ltd., owner — appeal
adopted on 6/22/11 (Doc. A-394-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 63rd Street, 3444, (Ward 15) — Arthur Leeson, Sr., owner — appeal adopted on 6/22/11
(Doc. A-434-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1134

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23

West 91st Street, 2041, (Ward 16) — Gertrudis Ramos, owner — appeal withdrawn on 6/22/11
(Doc. A-457-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1121
Whittier Avenue, 6407, (Ward 7) — Peca Properties-REO LLC, owner — appeal adopted
on 6/22/11 (Doc. A-428-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1122

Board of Control — Capital Projects Office
Engineering services for Woodland Avenue Rehabilitation (East 55th St. to Buckeye Rd.) —
per Ord. 591-11 to Hatch Mott MacDonald, LLC (BOC Res. 284-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1118

Board of Control — Community Development Department
East 79th Street, 1827 (Ward 7) — PPN 119-01-006 (part) and 119-01-007 — Alvin R. Sharp
per Ord. 755-11 (BOC Res. 287-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1118

Board of Control — Human Resources Department
Employee Assistance Program — per Ord. 183-11 to The Center for Families and
Children (BOC Res. 288-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1118

Board of Control — Land Reutilization Program
East 79th Street, 1827 (Ward 7) — PPN 119-01-006 (part) and 119-01-007 — Alvin R. Sharp
per Ord. 755-11 (BOC Res. 287-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1118

Board of Control — Port Control Department
Automotive parts, supplies and services —
Inc. (BOC Res. 276-11) . . . . . . . . . . . . . .
Automotive parts, supplies and services —
Inc. (BOC Res. 277-11) . . . . . . . . . . . . . .
Automotive parts, supplies and services —
Inc. (BOC Res. 278-11) . . . . . . . . . . . . . .
Automotive parts, supplies and services —
Automotive parts, supplies and services —
Ohio CAT (BOC Res. 280-11) . . . . . . . . .
Automotive parts, supplies and services —
Inc. (BOC Res. 281-11) . . . . . . . . . . . . . .
Automotive parts, supplies and services —
Brush Corporation (BOC Res. 282-11) .
Automotive parts, supplies and services —
(BOC Res. 283-11) . . . . . . . . . . . . . . . . . .

per Ord. 190-07 to Concord Road Equipment Mfg.,
..................................................
per Ord. 190-07 to Jack Doheny Supplies Ohio,
..................................................
per Ord. 190-07 to Lakefront Automotive Parts,
..................................................
per Ord. 190-07 to M-B Companies, Inc. BOC Res. 279-11)
per Ord. 190-07 to Ohio Machinery Co., d.b.a.
..................................................
per Ord. 190-07 to Southeastern Equipment Co.,
..................................................
per Ord. 190-07 to United Rotary
..................................................
per Ord. 190-07 to West Shore Equipment, Inc.
..................................................

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Board of Control — Professional Service Contracts
Employee Assistance Program — per Ord. 183-11 to The Center for Families and Children —
Dept. of Human Resources (BOC Res. 288-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1118
Engineering services for Woodland Avenue Rehabilitation (East 55th St. to Buckeye Rd.) —
per Ord. 591-11 to Hatch Mott MacDonald, LLC — Office of Capital Projects (BOC Res. 284-11) . . . . . . . . . . . . 1118

Board of Control — Property Management Division
HVAC/R heating, ventilating, air conditioning and refrigeration equipment, controls,
materials — per C.O. Sec. 181.101 to Cleveland Hermetic & Supply — Dept. of Public
Works (BOC Res. 286-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1118

Board of Control — Public Improvement Contracts
Ridge Road Streets Facility Renovation — per Ord. 1724-09 to Apex Construction and
Management Co., Inc. — Division of Streets, Dept. of Public Works (BOC Res. 285-11) . . . . . . . . . . . . . . . . . . . 1118

Board of Control — Public Utilities Department
Waste disposal, hazardous and non-hazardous and recycling services — per Ord. 1598-10 to
PSC Environmental Services, LLC (BOC Res. 275-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1116
Water service rates — per Charter Sec. 112 — amend BOC Res. 143-11 — Division of Water
(BOC Res. 274-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1115

Board of Control — Public Works Department
HVAC/R heating, ventilating, air conditioning and refrigeration equipment, controls,
materials — per C.O. Sec. 181.101 to Cleveland Hermetic & Supply — Division of
Property Management (BOC Res. 286-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1118
Ridge Road Streets Facility Renovation — per Ord. 1724-09 to Apex Construction and
Management Co., Inc. — Division of Streets (BOC Res. 285-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1118

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24

June 29, 2011

Board of Control — Requirement Contracts
Automotive parts, supplies and services — per Ord. 190-07 to Concord Road Equipment Mfg.,
Inc. — Dept. of Port Control (BOC Res. 276-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Automotive parts, supplies and services — per Ord. 190-07 to Jack Doheny Supplies Ohio,
Inc. — Dept. of Port Control (BOC Res. 277-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Automotive parts, supplies and services — per Ord. 190-07 to Lakefront Automotive Parts,
Inc. — Dept. of Port Control (BOC Res. 278-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Automotive parts, supplies and services — per Ord. 190-07 to M-B Companies, Inc. — Dept.
of Port Control (BOC Res. 279-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Automotive parts, supplies and services — per Ord. 190-07 to Ohio Machinery Co., d.b.a.
Ohio CAT — Dept. of Port Control (BOC Res. 280-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Automotive parts, supplies and services — per Ord. 190-07 to Southeastern Equipment Co.,
Inc. — Dept. of Port Control (BOC Res. 281-11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Automotive parts, supplies and services — per Ord. 190-07 to United Rotary
Brush Corporation — Dept. of Port Control (BOC Res. 282-11) . . . . . . . . . . . . . . . . . . . . . . . .
Automotive parts, supplies and services — per Ord. 190-07 to West Shore Equipment, Inc. —
Dept. of Port Control (BOC Res. 283-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
HVAC/R heating, ventilating, air conditioning and refrigeration equipment, controls,
materials — per C.O. Sec. 181.101 to Cleveland Hermetic & Supply — Division of
Property Management, Dept. of Public Works (BOC Res. 286-11) . . . . . . . . . . . . . . . . . . . . .
Waste disposal, hazardous and non-hazardous and recycling services — per Ord. 1598-10 to
PSC Environmental Services, LLC — Dept. of Public Utilities (BOC Res. 275-11) . . . . . . . .

. . . . . . . . . . . . . . . . 1116
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. . . . . . . . . . . . . . . . 1117
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. . . . . . . . . . . . . . . . 1118
. . . . . . . . . . . . . . . . 1116

Board of Control — Streets Division
Ridge Road Facility Renovation — per Ord. 1724-09 to Apex Construction and
Management Co., Inc. — Dept. of Public Works (BOC Res. 285-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1118

Board of Control — Water Division
Water service rates — per Charter Sec. 112 — amend BOC Res. 143-11 — Dept. of Public
Utilities (BOC Res. 274-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1115

Board of Zoning Appeals — Report
Broadview Road, 2141, (Ward 3) — Joe Coreno, owner and Joe Phillips, lessee — appeal
granted and adopted on 6/27/11 (Cal. 11-83) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
East 17th Street, 1285, (Ward 3) — Irvin Grossman and his attorney, John W. Monroe, owner —
appeal withdrawn on 6/27/11 (Cal. 11-90) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Farringdon Avenue, 12120, (Ward 2) — Margaret Janet Hood, owner — appeal heard on 6/27/11
(Cal. 11-89) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lorain Avenue, 10800, (Ward 17) — Taco Bell Corporation, owner and Lou Belknap of Agile
Sign, agent — appeal heard on 6/27/11 (Cal. 11-88) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pearl Road, 4106, (Ward 13) — Mathile Saad, owner — appeal postponed to 8/8/11 on 6/27/11
(Cal. 11-70) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Union Avenue, 11725, (Ward 6) — Mary Allen, owner — appeal heard on 6/27/11 (Cal. 11-94) . . . .
West 25th Street, 1859-65, (Ward 3) — Heil Building Inc., owner — appeal granted and
adopted on 6/27/11 (Cal. 11-84) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 32nd Street, 2068, (Ward 3) — Providence House, owner — appeal granted and adopted
on 6/27/11 (Cal. 11-80) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 76th Street, 1261, (Ward 15) — Gillespie Brothers Ltd., owner — appeal postponed to
8/8/11 on 6/27/11 (Cal. 11-67) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . 1120
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Board of Zoning Appeals — Schedule
Clifton Boulevard, 10904-08, (Ward 16) — Wynmar Building LLC, owner and Anthony DeRigo,
prospective tenant — appeal to be heard on 7/11/11 (Cal. 11-91) . . . . . . . . . . . . . . . . . . . . . . . . . .
East 155th Street, 720-754, (Ward 11) — The Catholic Diocese of Cleveland, owner and St.
Mary Parish, tenant — appeal to be heard on 7/11/11 (Cal. 11-104) . . . . . . . . . . . . . . . . . . . . . . . .
Holmes Avenue, 16001, (Ward 11) — Valerie Brown, owner and Dana Fort, prospective tenant —
appeal to be heard on 7/11/11 (Cal. 11-99) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rowley Avenue, 1103, (Ward 3) — Brian Jones, owner and Steve Siedlecki, agent — appeal
to be heard on 7/11/11 (Cal. 11-86). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Walford Avenue, 10015, (Ward 16) — Walford Industrial Park LLC, aka Midwest Box Company,
owner; Ray Petro, dba Ray’s Indoor Mountain Bike Park, LLC, tenant — appeal to be
heard on 7/11/11 (Cal. 11-93) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 11th Street, 3159, (Ward 3) — Brian Jones, owner and Steve Siedlecki, agent — appeal
to be heard on 7/11/11 (Cal. 11-85). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
West 11th Street, 3166, (Ward 3) — Brian Jones, owner and Steve Siedlecki, agent — appeal
to be heard on 7/11/11 (Cal. 11-87). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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City of Cleveland Bids
Asphalt recyclers — Department of Public Utilities — Division of Water Pollution Control —
per Ord. 1620-09 — bid due July 22, 2011 (advertised 6/29/2011 and 7/6/2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . 1123

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Ball diamond improvements, Package A — Department of Public Works — Division
of Architecture and Site Improvement — per Ord. 452-11 — bid due July 15, 2011
(advertised 6/22/2011 and 6/29/2011 and 7/6/2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Catch basin debris disposal — Department of Public Utilities — Division
of Water Pollution Control — per C.O. Sec. 129.29 — bid due July 29, 2011
(advertised 6/29/2011 and 7/6/2011). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Computer hardware, software and services — Department of Finance — Division of
Information Technology and Services — per Ord. 1350-10 — bid due August 3, 2011
(advertised 6/29/2011 and 7/6/2011). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Detention facilities and structures maintenance, 2011-2012 — Department of Public
Utilities — Division of Water Pollution Control — per Ord. 651-09 — bid due July 14,
2011 (advertised 6/22/2011 and 6/29/2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fuel, fossil, off-road and supporting services (Re-bid) — Department of Public Utilities —
Division of Water — per C.O. Sec. 181.101 — bid due July 22, 2011
(advertised 6/29/2011 and 7/6/2011). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Furniture Project at Collinwood Recreation Center — Department of Public Works — Division
of Architecture and Site Improvement — per Ord. 597-09 — bid due July 22, 2011
(advertised 6/29/2011 and 7/6/2011). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hauling and disposal of water plant residuals — Department of Public Utilities — Division
of Water — per Ord. 360-11 — bid due July 21, 2011 (advertised 6/22/2011 and 6/29/2011). . . . .
Landscaping, interior — Department of Port Control — per C.O. Sec. 181.101 — bid due July
20, 2011 (advertised 6/29/2011 and 7/6/2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lighting, decorative and special — Department of Public Utilities — Division of Cleveland
Public Power — bid due July 15, 2011(advertised 6/22/2011 and 6/29/2011). . . . . . . . . . . . . . . . .
Liquid alum and alum blend coagulants — Department of Public Utilities — Division
of Water — per C.O. Sec. 129.24 — bid due July 21, 2011 (advertised 6/22/2011 and 6/29/2011) .
Morgan Raw Water Pump Station Mechanical, Electrical improvements (Project No. 608) —
Department of Public Utilities — Division of Water — per Ord. 816-11 — bid
due August 4, 2011 (advertised 6/29/2011 and 7/6/2011). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paper products and print services — Clerk of Council — per Ord. 556-11 — bid due July 21,
2011 (advertised 6/22/2011 and 6/29/2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

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Codified Ordinances
Amend various Sect(s) of Chapters 531, 533, and 535 - Rates & Charges for water service
(O 462-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1125

Contracts
Utilities Department - agreement - American Municipal Power, Inc to participate in Fremont
Energy Center (O 680-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1124

Utilities Department
Amend various Sect(s) of Chapters 531, 533, and 535 - Rates & Charges for water service
(O 462-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1125
Utilities Department - agreement - American Municipal Power, Inc to participate in Fremont
Energy Center (O 680-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1124

Water Division
Amend various Sect(s) of Chapters 531, 533, and 535 - Rates & Charges for water service
(O 462-11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1125

1137