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The City Record

Official Publication of the Council of the City of Cleveland

January the Sixth, Two Thousand and Ten

The City Record is available online at


Frank G. Jackson www.clevelandcitycouncil.org
Mayor

Martin J. Sweeney Containing PAGE


President of Council City Council 3
The Calendar 4
Patricia J. Britt Rules of Council 4
City Clerk, Clerk of Council
Board of Control 11
Ward Name Civil Service 12
Board of Zoning Appeals 12
1 Terrell H. Pruitt
Board of Building Standards
2 Zachary Reed and Building Appeals 13
3 Joe Cimperman Public Notice 13
4 Kenneth L. Johnson Public Hearings 13
5 Phyllis E. Cleveland City of Cleveland Bids 13
6 Mamie J. Mitchell Adopted Resolutions
7 TJ Dow and Ordinances 13
8 Jeffrey D. Johnson Committee Meetings 13
9 Kevin Conwell Index 13
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


DIRECTORY OF CITY OFFICIALS
CITY COUNCIL LEGISLATIVE DEPT. OF COMMUNITY DEVELOPMENT Daryl Rush, Director, 3rd Floor, City Hall
President of Council Martin J. Sweeney DIVISIONS: Administrative Services Terrence Ross, Commissioner
Neighborhood Services Louise V. Jackson, Commissioner
Ward Name Residence Neighborhood Development Joseph A. Sidoti, Commissioner
1 Terrell H. Pruitt ..................................................3877 East 189th Street 44122
2 Zachary Reed .....................................................3734 East 149th Street 44120 DEPT. OF BUILDING AND HOUSING Edward W. Rybka, Director, Room 500
3 Joe Cimperman..............................................................P.O. Box 91688 44101 DIVISIONS: Code Enforcement Tyrone L. Johnson, Commissioner
4 Kenneth L. Johnson...............................................2948 Hampton Road 44120 Construction Permitting Timothy R. Wolosz, Commissioner
5 Phyllis E. Cleveland .............................................2369 East 36th Street 44105 DEPT. OF PERSONNELAND HUMAN RESOURCES Trudy Hutchinson, Director, Room 121
6 Mamie J. Mitchell.................................12701 Shaker Boulevard, #712 44120
7 TJ Dow..................................................................7715 Decker Avenue 44103 DEPT. OF ECONOMIC DEVELOPMENT Tracey A. Nichols, Director, Room 210
8 Jeffrey D. Johnson ..............................................9024 Parkgate Avenue 44108 DEPT. OF AGING Jane Fumich, Director, Room 122
9 Kevin Conwell ..................................................10647 Ashbury Avenue 44106
10 Eugene R. Miller ...................................................13615 Kelso Avenue 44110 DEPT. OF CONSUMER AFFAIRS Omayra G. Feliciano, Acting Director
11 Michael D. Polensek..............................................17855 Brian Avenue 44119 COMMUNITY RELATIONS BOARD Room 11, Blaine Griffin, Director; Mayor Frank G.
12 Anthony Brancatelli..................................................6924 Ottawa Road 44105 Jackson, Chairman Ex-Officio; Rev. Charles Lucas, Jr., Vice-Chairman; Councilman
13 Kevin J. Kelley..................................................5904 Parkridge Avenue 44144 Kevin Conwell, Councilman Brian J. Cummins, Councilman Joe Santiago, Councilman
14 Brian J. Cummins ............................................3104 Mapledale Avenue 44109 Matthew Zone, City Council Representatives; Charles L. Patton, Jr., Paula Castleberry,
15 Matthew Zone .....................................................1228 West 69th Street 44102 Emmett Saunders, John Banno, Kathryn M. Hall, Evangeline Hardaway, Janet Jankura,
16 Jay Westbrook ...................................................1278 West 103rd Street 44102 Gia Hoa Ryan, Rev. Jesse Harris, Magda Gomez, Fred J. Livingstone, Margot James
17 Dona Brady ..........................................................1272 West Boulevard 44102 Copeland.
18 Martin J. Sweeney.............................................3632 West 133rd Street 44111 CIVIL SERVICE COMMISSION Room 119, Reynaldo Galindo, President; Rev. Earl
19 Martin J. Keane......................................................15907 Colletta Lane 44111 Preston, Vice President; Lucille Ambroz, Secretary; Members: Diane M. Downing,
City Clerk, Clerk of Council Patricia J. Britt, 216 City Hall, 6642840 Michael L. Nelson.
First Assistant Clerk Sandra Franklin
SINKING FUND COMMISSION Frank G. Jackson, President; Council President Martin
MAYOR Frank G. Jackson J. Sweeney; Betsy Hruby, Asst. Secy.; Sharon Dumas, Director.
Ken Silliman, Secretary to the Mayor, Chief of Staff
Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer BOARD OF ZONING APPEALS Room 516, Carol A. Johnson, Chairman; Members; John
Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs Myers, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, _____________, Secretary.
Chris Warren, Executive Assistant to the Mayor, Chief of Regional Development BOARD OF BUILDING STANDARDS AND BUILDING APPEALS Room 516, J. F.
Monyka S. Price, Executive Assistant to the Mayor, Chief of Education Denk, Chairman; ____________, Arthur Saunders, Alternate Members D. Cox, P.
Maureen Harper, Executive Assistant to the Mayor, Chief of Communications Frank, E. P. OBrien, Richard Pace, J.S. Sullivan.
Andrea V. Taylor, Executive Assistant to the Mayor, Press Secretary
BOARD OF REVISION OF ASSESSMENTS Law Director Robert J. Triozzi, President;
Andrew Watterson, Executive Assistant to the Mayor, Chief of Sustainability
Finance Director Sharon Dumas, Secretary; Council President Martin J. Sweeney.
Natoya J. Walker, Interim Director, Office of Equal Opportunity
DEPT. OF LAW Robert J. Triozzi, Director, Richard F. Horvath, Chief Corporate Counsel, BOARD OF SIDEWALK APPEALS Service Director Jomarie Wasik, Law Director Robert
Thomas J. Kaiser, Chief Trial Counsel, Barbara A. Langhenry, Chief Counsel, Rm. 106 J. Triozzi; Councilman ______________.
Karen E. Martines, Law Librarian, Room 100 BOARD OF REVIEW (Municipal Income Tax) Law Director Robert J. Triozzi; Utilities
DEPT. OF FINANCE Sharon Dumas, Director, Room 104; Director _______________; Council President Martin J. Sweeney.
Frank Badalamenti, Manager, Internal Audit CITY PLANNING COMMISSION Room 501 Robert N. Brown, Director; Anthony J.
DIVISIONS: Accounts Richard W. Sensenbrenner, Commissioner, Room 19 Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean
Assessments and Licenses Dedrick Stephens, Commissioner, Room 122 Pinkney, Norman Krumholz, Council Member Joe Cimperman.
City Treasury ________________, Treasurer, Room 115
Financial Reporting and Control James Gentile, Controller, Room 18 FAIR EMPLOYMENT WAGE BOARD Room 210 Gerald Meyer, Chair; Angela
Information Technology and Services Douglas Divish, Commissioner, 205 W. St. Clair Caldwell, Vice Chair; Patrick Gallagher, Kathryn Jackson, Draydean McCaleb, Council
Avenue Member ____________, Ed Romero.
Purchases and Supplies James E. Hardy, Commissioner, Room 128
FAIR HOUSING BOARD Charles See, Chair; Lisa Camacho, Daniel Conway, Robert L.
Printing and Reproduction Michael Hewitt, Commissioner, 1735 Lakeside Avenue
Render, Genesis O. Brown.
Taxation Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue
DEPT. OF PUBLIC UTILITIES Barry A. Withers, Interim Director, 1201 Lakeside Avenue HOUSING ADVISORY BOARD Room 310 Keith Brown, Terri Hamilton Brown,Vickie
DIVISIONS 1201 Lakeside Avenue Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan,
Cleveland Public Power Ivan Henderson, Commissioner David Perkowski, Joan Shaver Washington, Keith Sutton.
Street Lighting Bureau ______________, Acting Chief
CLEVELAND BOXING AND WRESTLING COMMISSION Robert Jones, Chairman;
Utilities Fiscal Control Dennis Nichols, Commissioner
Clint Martin, Mark Rivera.
Water John Christopher Nielson, Commissioner
Water Pollution Control Ollie Shaw, Commissioner MORAL CLAIMS COMMISSION Law Director Robert J. Triozzi; Chairman; Finance
DEPT. OF PORT CONTROL Ricky D. Smith, Director Director Sharon Dumas; Council President Martin J. Sweeney; Councilman Kevin
Cleveland Hopkins International Airport, 5300 Riverside Drive Kelley.
Burke Lakefront Airport Khalid Bahhur, Commissioner
POLICE REVIEW BOARD Thomas Jones, Board Chair Person; Vernon Collier, Vermel
Cleveland Hopkins International Airport Fred Szabo, Commissioner
Whalen, Nancy Cronin, Elvin Vauss.
DEPT. OF PUBLIC SERVICE Jomarie Wasik, Director, Room 113
DIVISIONS: Architecture Kurt Wiebusch, Commissioner, Room 517 CLEVELAND LANDMARKS COMMISSION Room 519 Jennifer Coleman, Chair; Laura
Engineering and Construction _________, Commissioner, Room 518 M. Bala, Council Member Anthony Brancatelli, Robert N. Brown, Thomas Coffey, Allan
Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard Yards Dreyer, William Mason, Michael Rastatter, Jr., John Torres, N. Kurt Wiebusch, Robert
Streets Randell T. Scott, Commissioner, Room 25 Keiser, Secretary.
Traffic Engineering Robert Mavec, Commissioner, 4150 East 49th Street, Building #1 AUDIT COMMITTEE Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane Down-
Waste Collection and Disposal Ron Owens, Commissioner, 5600 Carnegie Avenue ing, Donna Sciarappa, Council President Martin J. Sweeney; Law Director Robert J. Triozzi.
DEPT. OF PUBLIC HEALTH Matt Carroll, Director, Mural Building, 75 Erieview Plaza
DIVISIONS: Air Quality Richard L. Nemeth, Commissioner CLEVELAND MUNICIPAL COURT
Environment Willie Bess, Commissioner, Mural Building, 75 Erieview Plaza JUSTICE CENTER 1200 ONTARIO STREET
Health Karen K. Butler, Commissioner, Mural Building, 75 Erieview Plaza JUDGE COURTROOM ASSIGNMENTS
DEPT. OF PUBLIC SAFETY Martin Flask, Director, Room 230 Judge Courtroom
DIVISIONS: Dog Pound John Baird, Chief Dog Warden, 2690 West 7th Street Presiding and Administrative Judge Ronald B. Adrine 15A
Correction Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd. Judge Marilyn B. Cassidy 12B
Emergency Medical Service Edward Eckart, Commissioner, 1708 South Pointe Drive Judge Emanuella Groves 13A
Fire Paul A. Stubbs, Chief, 1645 Superior Avenue Judge Michelle D. Earley 12A
Police Michael C. McGrath, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street Judge Kathleen Ann Keough 14B
DEPT. OF PARKS, RECREATION & PROPERTIES Michael Cox, Director Judge Anita Laster Mays 14C
Cleveland Convention Center, Clubroom A, 1220 East 6th Street Judge Lauren C. Moore 14A
DIVISIONS: Convention Center & Stadium James Glending, Commissioner Judge Charles L. Patton, Jr. 13D
Public Auditorium, East 6th Street and Lakeside Avenue Judge Raymond L. Pianka (Housing Court Judge) 13B
Parking Facilities Leigh Stevens, Commissioner Judge Michael John Ryan 12C
Public Auditorium, East 6th Street and Lakeside Avenue Judge Angela R. Stokes 15C
Park Maintenance and Properties Richard L. Silva, Commissioner Judge Pauline H. Tarver 13C
Public Auditorium East 6th Street and Lakeside Avenue
Judge Joseph J. Zone 14D
Property Management Tom Nagle, Commissioner, East 49th Street & Harvard
Recreation Kim Johnson, Commissioner, Room 8 Earle B. Turner Clerk of Courts, Russell R. Brown III Court Administrator, Paul J.
Research, Planning & Development Mark Fallon, Commissioner, 1501 N. Marginal Road Mizerak Bailiff; Jerome M. Krakowski Chief Probation Officer, Gregory F. Clifford Chief
Burke Lakefront Airport Magistrate
The City Record
OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 97 WEDNESDAY, JANUARY 6, 2010 No. 5013

CITY COUNCIL
MONDAY, JANUARY 4, 2010

The City Record WEDNESDAY Alternating OATH OF OFFICE


Published weekly by the City Clerk,
1:30 P.M. Public Utilities Com- File No. 2-10.
Clerk of Council under authority mittee: Kelley, Chair; Brady, Vice Frank G. Jackson, Mayor. Re-
of the Charter of the Chair; Conwell, Cummins, Dow, ceived.
City of Cleveland Miller, Polensek, Pruitt, Westbrook.
The City Record is available 1:30 P.M. City Planning Com- OATH OF OFFICE
online at mittee: Cleveland, Chair; Westbrook, MEMBERS OF COUNCIL
Vice Chair; Brady, Conwell, Dow,
www.clevelandcitycouncil.org Keane, Zone. The Oath of Office was adminis-
Address all communications to tered to the 2010-2013 Council by the
PATRICIA J. BRITT The following Committees are Honorable Ronald B. Adrine, Admin-
subject to the Call of the Chair: istrative and Presiding Judge of
City Clerk, Clerk of Council Rules Committee: Sweeney, Chair; Cleveland Municipal Court.
216 City Hall Cleveland, Keane, Polensek, Pruitt.
Personnel and Operations Commit- File No. 3-10.
PERMANENT SCHEDULE tee: Westbrook, Chair; Conwell, K.
Johnson, Kelley, Mitchell, Sweeney, January 4, 2010
STANDING COMMITTEES Zone.
OF THE COUNCIL Mayors Appointment Committee: Ms. Patricia J. Britt
2010-2013 Dow, Chair; Cleveland, Kelley, Mil- City Clerk, Clerk of Council
ler, Sweeney. City of Cleveland
MONDAY Alternating
Dear Clerk Britt:
9:30 A.M. Public Parks, Proper- OFFICIAL PROCEEDINGS
ties, and Recreation Committee: K. CITY COUNCIL Pursuant to Section 194 of the
Johnson, Chair; Conwell, Vice Chair; ______________ Charter of the City of Cleveland, I
Brancatelli, Cimperman, Dow, Polen- Sandra Franklin, Clerk of Council
sek, Reed. Cleveland, Ohio Pro Tempore, hereby certify to you
9:30 A.M. Health and Human Monday, January 4, 2010 that there has been filed in the
Services Committee: Cimperman, The meeting of the Council was Office of the Clerk of Council, the
Chair; J. Johnson, Vice Chair; Con- called to order by Clerk of Council Oaths of Office, subscribed by the
well, Keane, Kelley, Reed, Zone. Pro Tempore Sandra Franklin. following Council Members:
11:00 A.M. Public Service Com- Council Members Elect present:
mittee: Miller, Chair; Cummins, Vice Brady, Brancatelli, Cimperman, Cleve- Ward 1 Terrell H. Pruitt
Chair; Cleveland, Dow, K. Johnson, land, Conwell, Cummins, Dow, J. Ward 2 Zachary Reed
Keane, Polensek, Pruitt, Sweeney. Johnson, K. Johnson, Keane, Kelley, Ward 3 Joe Cimperman
11:00 A.M. Legislation Commit- Miller, Mitchell, Polensek, Pruitt, Ward 4 Kenneth L. Johnson
Reed, Sweeney, Westbrook and Zone. Ward 5 Phyllis E. Cleveland
tee: Mitchell, Chair; K. Johnson,
Also present was Mayor Frank G. Ward 6 Mamie J. Mitchell
Vice Chair; Brancatelli, Cimperman,
Jackson. Ward 7 TJ Dow
Cleveland, Reed, Sweeney.
Ward 8 Jeffrey D. Johnson
Pursuant to Ordinance No. 2926-76, Ward 9 Kevin Conwell
MONDAY prayer was offered by Reverend Dr. Ward 10 Eugene Miller
Robin E. Hedgman of Bethany Ward 11 Michael D. Polensek
2:00 P.M. Finance Committee: Christian Church. Colors presented
Sweeney, Chair; Kelley, Vice Chair; Ward 12 Anthony Brancatelli
by Cleveland Police Honor Guard. Ward 13 Kevin J. Kelley
Brady, Brancatelli, Cleveland, Keane, Pledge of Allegiance.
Miller, Mitchell, Polensek, Pruitt, Ward 14 Brian J. Cummins
Westbrook. Ward 15 Matthew Zone
File No. 1-10.
Ward 16 Jay Westbrook
Ward 17 Dona Brady
TUESDAY January 4, 2010
Ward 18 Martin J. Sweeney
Sandra Franklin Ward 19 Martin J. Keane
9:30 A.M. Community and Eco-
nomic Development Committee: Bran- First Assistant Clerk
Cleveland City Council Very truly yours,
catelli, Chair; Dow, Vice Chair; Cim- Sandra Franklin
perman, Cummins, J. Johnson, Miller, 601 Lakeside Avenue
Cleveland, Ohio 44114 Clerk of Council Pro Tempore
Pruitt, Westbrook, Zone.
1:30 P.M. Employment, Affir- Received.
mative Action and Training Com- Dear Ms. Franklin:
mittee: Pruitt, Chair; Miller, Vice ELECTION OF TEMPORARY
You are hereby requested to serve
Chair; Cummins, J. Johnson, K. CHAIRMAN
as Clerk of Council Pro Tempore for
Johnson, Mitchell, Westbrook.
the purpose of calling the January
4, 2010 Council meeting to order and Council Member Eugene Miller
WEDNESDAY Alternating until such time as the Council moved, pursuant to Rule 9, that
selects a Clerk of Council. Council Member Phyllis E. Cleve-
10:00 A.M. Aviation and Trans- land serve as Temporary Chairman
portation Committee: Keane, Chair; Your assistance is appreciated. for the purpose of organizing the
Pruitt, Vice Chair; Cummins, J. John- Council. Council Member Anthony
son, K. Johnson, Kelley, Mitchell. Sincerely, Brancatelli seconded the motion.
10:00 A.M. Public Safety Com- Martin J. Sweeney, Council Member Kenneth L. Johnson
mittee: Conwell, Chair; Polensek, Council President moved that nominations for Tempo-
Vice Chair; Brady, Cleveland, Cum- rary Chairman be closed. A roll call
mins, Dow, Miller, Mitchell, Zone. Received. ensued. Council Member Phyllis E.

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4 The City Record January 6, 2010
Cleveland received 19 votes. Those onded the motion. Council Member RULES OF COUNCIL
who voted for Council Member Martin J. Keane moved that the
Cleveland: Council Members Brady, nomination for City Clerk, Clerk of Rules of Order
Brancantelli, Cimperman, Cleveland, Council be closed. Council President Governing the Council of the
Conwell, Cummins, Dow, J. Johnson, Sweeney instructed the members of City of Cleveland
K. Johnson, Keane, Kelley, Miller, Council to state the name of the can- 2010-2013 [January 4, 2010]
Mitchell, Polensek, Pruitt, Reed, didate, Patricia J. Britt, when
Sweeney, Westbrook, and Zone. responding to the roll call and The following rules of order shall
requested the Clerk to call the roll govern the procedures of the City
Council Member Cleveland assum- on the election of City Clerk, Clerk Council and the conduct of its mem-
ed the Chair and thanked the Coun- of Council. bers.
cil Members for giving her the
opportunity to serve as Temporary After completion of the roll call, I. MEETINGS: PLACE, TIME OF
Chairman. it was announced that Patricia J. CONVENING, QUORUM, ORDER
Britt received 19 votes. Those voting OF BUSINESS
ELECTION OF for Patricia J. Britt were: Council
COUNCIL PRESIDENT Members Brady, Brancantelli, Cim- Rule 1. Meetings Place. All
perman, Cleveland, Conwell, Cum- meetings of the Council shall be
The Temporary Chairman stated mins, Dow, J. Johnson, K. Johnson,
held in the Council Chamber in the
the next order of business was the Keane, Kelley, Miller, Mitchell,
City Hall, unless otherwise ordered
election of the President of Council. Polensek, Pruitt, Reed, Sweeney,
by the Council.
Council Member Kevin J. Kelley Westbrook, and Zone.
moved that Council Member Martin
Rule 2. Meetings Public. All
J. Sweeney serve as President of The Honorable Kathleen OMalley,
meetings of the Council or commit-
Council for the 2010-2013 Council Judge Cuyahoga County Court of
Common Pleas, Division of Domestic tees thereof shall be public, and
Term. Council Member Terrell H.
Relations, administered the oath of upon request of any citizen desiring
Pruitt seconded the motion. Council
office to Patricia J. Britt, the newly to be heard on any matter, then
Member Mamie J. Mitchell moved
elected City Clerk, Clerk of Council. under consideration by the Council,
that the nomination for Council
the Council may, on motion, resolve
President be closed. A roll called
Council Clerk Britt assumed the itself into a Committee of the Whole
ensued. The Temporary Chairman
duties of her office and thanked the and hear such citizen at such time
instructed the members of Council
Council Members for giving her the and for such period as Council may
to state the name of the candidate,
opportunity to serve as City Clerk, determine. Persons desiring to be
Martin J. Sweeney, when responding
Clerk of Council of the 2010-2013 heard by any committee of Council
to the roll call and requested the
term. on any matter then under consider-
Clerk to call the roll call on the elec-
ation may, by consent of such com-
tion of President of Council.
OATH OF OFFICE mittee, be given an opportunity to
After completion of the roll call, be heard thereon. All Rules of Coun-
File No. 5-10. cil minutes and records of the Coun-
the Clerk announced that Council Patricia J. Britt, City Clerk, Clerk
Member Sweeney received 19 votes. cil shall be open to the public at all
of Council. Received. reasonable times.
Those who voted for Council Member
Sweeney were: Council Members MOTION
Brady, Brancantelli, Cimperman, Cleve- Rule 3. Regular Meetings. After
land, Conwell, Cummins, Dow, J. the Council has been organized pur-
Council Member TJ Dow moved
Johnson, K. Johnson, Keane, Kelley, suant to Section 28 of the Charter,
that the Rules of Council for the
Miller, Mitchell, Polensek, Pruitt, regular meetings of the Council
2006-2009 Council term prevail for
Reed, Sweeney, Westbrook and Zone. shall be held in the Council Cham-
the 2010-2013 Council Term until
Council Member Martin J. Sweeney, ber every Monday evening at 7:00
such time as the Council President
having received a majority of vote of convene the Rules Committee. Coun- oclock P.M., unless otherwise order-
all the members elected to Council, cil Member Kevin J. Kelley second- ed by motion, resolution or ordi-
is the duly elected President of Coun- ed the motion. Without objection, nance. Whenever the regular meet-
cil for the 2010-2013 term. motion approved. ing falls on a legal holiday or a spe-
cial election day or the day pre-
The Temporary Chairman re- RULES OF COUNCIL ceding a legal holiday or primary or
quested Council Member Martin J. other election day, the meeting shall
File No. 6-10. be held on a day to be fixed by the
Sweeneys family to escort the Rules of Council for the years
newly elected Council President to Council.
2010-2013. Received.
the Chair. The Honorable Judge
Gerald F. Sweeney (Retired), of Rule 4. Summer Schedule. During
Personal expressions were ad- the months of July and August, the
Cleveland Municipal Court adminis- dressed to the body by the Council
tered the oath of office to Council Council shall be on summer sched-
President, Council Members and the
Member Martin J. Sweeney, the ule and shall meet at such times as
Council Clerk.
newly elected President of Council. shall be set forth in the resolution
of Council establishing such sched-
The Council Meeting adjourned at
Council President Sweeney assumed ule.
9:24 p.m. to meet Monday, January
the Chair and thanked the Council 11, 2010 at 7:00 p.m. in the Council
Members for giving him the oppor- Chambers. Rule 5. Special Meetings. Special
tunity to serve as President of Coun- meetings may be called at any time
cil of 2010-2013 term, introduced is by the Mayor, the President of Coun-
family and gave brief remarks. cil, or any five members upon at
least twelve (12) hours written
OATH OF OFFICE notice to each member of the Coun-
cil served personally on each mem-
File No. 4-10. ber or left at his usual place of res-
Martin J. Sweeney, President of idence; provided, however, that no
Council. Received. such notice need be served on any
Councilmember present at a meeting
ELECTION OF COUNCIL CLERK Patrica J. Britt of Council at which the President of
City Clerk, Clerk of Council Council may give oral notice of the
Council Member Phyllis E. Cleve- time and purpose of a special meet-
land moved that in order to expedite ing. Any such notice shall state the
the orderly organization of the 2010 THE CALENDAR subjects to be considered at the
2013 Council proceed with the elec- meeting, and no other subjects shall
tion of the City Clerk and placed in be there considered.
The following measures will be on
nomination the name Patricia J. their final passage at the next meet-
Britt as City Clerk, Clerk of Coun- Rule 6. Quorum; Professionalism.
ing:
cil for the 2010-2013 Council term. A majority of all the members elect-
Council Member Jay Westbrook sec- NONE ed to Council shall be a quorum to

4
January 6, 2010 The City Record 5
do business, but a less number may over the meetings of the Council. In as may be deemed necessary and fix
adjourn from day to day and com- the absence of the President of their compensation. The Clerk shall
pel the attendance of absent mem- Council, the Majority Leader shall keep the record of the Council, and
bers in the manner and under such serve as the President of Council the Clerk shall be the editor of The
penalties as shall be prescribed by pro tempore; in the absence of both City Record. The Clerk shall keep a
these rules. All members shall con- the President of Council and the proper file of all papers and docu-
duct themselves professionally and Majority Leader, the Majority Whip ments which are a part of the trans-
shall attend all official meetings of shall serve as the President of Coun- actions of the Council, of meetings
Council in appropriate professional cil pro tempore. In the absence of of committees and all orders of the
attire. the President of Council, the Major- Council, and shall make such
ity Leader and the Majority Whip, records available to the public. The
Rule 7. Order of Business. The the City Clerk shall call the Coun- Clerk shall be secretary to all com-
business of all regular meetings of cil to order; and if, after the roll call mittees, but may assign an assistant
the Council shall be transacted in is called a quorum shall be present, as secretary to any committee.
the following order, unless the Coun- the Council shall choose one of its When directed by any committee the
cil by a two-thirds vote, shall sus- members President of Council pro Clerk shall cause to be kept minutes
pend the rules and change the order. tempore. The President of Council of each meeting of such committee
pro tempore shall preside until the that shall be kept in record form
1. Roll call of members. President of Council appears, but in and be made available for public
2. Prayer. no event beyond such meeting, and inspection. The record of committee
3. Pledge of Allegiance. shall discharge all the duties and be meetings may be kept in the form
4. Disposal of the journal of the clothed with all the powers of the of loose sheet records and need not
preceding meeting. President of Council as such presid- be printed in The City Record nor
5. Reports and communications ing officer during the President of copied in any other book, except
from the Mayor. Councils absence. The Presiding that the Clerk shall cause to be
6. Reports and communications Officer shall call all meetings of the printed in The City Record atten-
from departments, commissions and Council to order at the hour appoint- dance roll calls of committee meet-
other public officers. ed and shall proceed with the order ings. In addition, the Clerk shall
7. Other communications, petitions of business. If a quorum be present, report to Council the absence of
and memorials. the Presiding Officer shall give the members from Council meetings and
8. Reports of standing committees. members an opportunity for correct- shall perform such other and further
9. Reports of special committees. ing the journal of the previous meet- duties as may from time to time by
10. Introduction of ordinances and ing, a copy of which shall be placed Charter, statute or ordinance be re-
resolutions. on the desk of each member of the quired of the Clerk.
11. Second reading of ordinances Council. In the absence of any objec-
and resolutions. tions or corrections, the minutes Rule 12-1. Committee on Council
12. Third reading of ordinances shall stand approved. The Presiding Personnel and Operations. Not later
and resolutions. Officer shall preserve order and than the fourth meeting of the Coun-
13. Reading and passage of emer- decorum, prevent personalities or cil after its organization, the Presi-
gency ordinances and resolutions. the impugning of members motives, dent of Council shall appoint six (6)
14. Miscellaneous business shall confine members in debate to the members to a Committee on Council
be permitted at the discretion of the question under discussion, shall Personnel and Operations. In addi-
chair. decide all points of order subject to tion to the appointed members, the
15. Report of the clerk with ref- an appeal to the Council, and shall President of Council shall also be
erence to absence of members. appoint all standing committees and member of the committee. The com-
16. Adjournment. such select committees as may be mittee shall consider personnel and
The presiding officer may, at any authorized by Council from time to operational issues of Council, such
time without objection of the mem- time, except in those cases where as staffing levels, hiring of staff,
bers of Council, permit a member to the resolution authorizing such and technical and operational mat-
introduce an ordinance, resolution or select committees specifically names ters pertaining to the offices of
motion out of the regular order pro- the membership thereof. Council. Upon a vacancy in Councils
vided, however, if an objection is staff, the Clerk of Council shall noti-
made, a two-thirds vote of all mem- Rule 10. Members Presiding. The fy all members of such vacancy and
bers elected to Council shall be President of the Council during any the President of Council shall con-
required to permit such introduction meeting thereof may name any vene a meeting of the Committee on
out of the regular order. member to perform the duties of the Council Personnel and Operations to
chair; but such substitution shall not discuss the vacancy. Prior to filling
Rule 8. The Calendar. It shall be extend beyond such meeting. any staffing vacancy or newly cre-
the duty of the Clerk to have set ated position, the Clerk of Council
aside conspicuously in The City Rule 11. The Vote Necessary for shall forward the name of the pro-
Record a portion to be titled The Election of President and Clerk. No posed employee to be hired and the
Calendar. The following measures candidate for President or Clerk of position to be filled to the members
will be on their passage at the next Council shall be declared elected of Council. Within thirty (30) days
meeting. Under this title the Clerk unless the candidate shall have following the completion of the
shall arrange, and have printed in received a majority vote of all mem- employees first ninety days of em-
consecutive order, by title all ordi- bers elected to Council. ployment, the committee shall report
nances and resolutions which are on its recommendation on retaining the
for passage at the next meeting of Rule 11-1. Roll Call upon Election employee to Council for a roll call
Council. In the event that any such of President, and Filling Vacancies vote of the Council for which a
ordinances or resolutions have been in the Membership of Council. Upon majority vote must be received.
amended, the full text of the opera- the roll call for the election of Pres-
tive sections of such ordinance or res- ident of Council, Clerk of Council, or Rule 12-2. The City Record. The
olution, as amended, shall be pub- for filling any vacancy in the mem- City Clerk, as editor of The City
lished in addition to the title thereof. bership of Council, each member Record, shall see that the following
When action upon any measure ap- shall respond by stating the name rules are observed in the prepara-
pearing upon the Calendar is post- of the candidate of his choice eligi- tion and introduction of ordinances
poned to a day certain, such measure ble for such office or appointment, and resolutions and in the editing
shall be considered on said day to which candidate shall not be and printing of The City Record.
which postponed whether or not it ap- required to be a person duly nomi-
pears upon the Calendar of said day. nated and whose nomination has (a) The title of all ordinances and
been duly seconded, provided, how- resolutions shall be confined to a
II. OFFICERS AND EMPLOYEES ever, that no member shall be brief statement of the subject mat-
OF COUNCIL excused from voting hereon except ter of the bill and shall be printed
by unanimous consent. in bold face type.
Rule 9. Presiding Officer. The
President of Council, and in the Rule 12. The City Clerk. The (b) Preambles or whereasas in
Presidents absence the President of Council shall choose a Clerk and ordinances and resolutions shall be
Council pro tempore, shall preside such other officers and employees restricted to one emergency pream-

5
6 The City Record January 6, 2010
ble required by the Charter, except COMMITTEE ON FINANCE, to matters relating to city planning,
where a whereas is an essential which shall be referred all ordi- the City Planning Commission and
part of the ordinance or resolution. nances, resolutions and other mat- matters relating to zoning.
ters pertaining to finances, indebt-
(c) Ordinances of a general or edness, appropriations, the payment b. COMMITTEE ON HEALTH
permanent nature shall, in their of monies not provided for by pre- AND HUMAN SERVICES, to which
preparation, be divided into short vious legislation, taxation and all shall be referred all ordinances, res-
sections, wherever practicable, in matters pertaining to the Depart- olutions and other matters pertain-
order to permit amendments being ments of Finance, Law and Person- ing to public health, public chari-
made without printing so much of nel, the standardization of salaries ties, direct and work relief, city cor-
the original ordinance. and wages, union agreements, civil rectional and charitable institutions;
service, the pensioning of employees and all matters pertaining to the
(d) The practice of introducing and the sale, lease or purchase of Departments of Public Health and
resolutions of condolence and con- real estate. Welfare, Human Resources and
gratulatory resolutions shall be Aging, and all matters pertaining to
recorded by number and reserved B. The nine member committees health, sanitation, unemployment,
for cases of death of outstanding cit- and the subject matters that shall job training, air pollution control,
izens or occasion of great civic be referred to them shall be as fol- lake and river pollution, smoke
importance. In lieu of such resolu- lows: abatement and nuisances.
tion of condolence the Clerk shall
have prepared a suitable memorial a. COMMITTEE ON PUBLIC c. COMMITTEE ON LEGISLA-
which shall be sent to the relatives UTILITIES, to which are referred TION, to which shall be referred all
of the deceased and The City Record all ordinances, resolutions and other ordinances, resolutions and other
shall contain the request of the matters pertaining to the Citys matters pertaining to county, state
member of Council for such memor- water supply, sewage disposal, and federal legislation affecting the
ial and the fact that such memorial municipal electrical light plant and city annexations, redistricting, char-
has been sent. all matters pertaining to the Depart- ter amendments and all initiative,
ment of Public Utilities, and all ordi- referendum and recall petitions; all
(e) The minutes and proceedings nances, resolutions and other mat- matters relating to courts; ordi-
of administrative boards shall be ters pertaining to telecommunica- nances relating to licenses and
prepared in abstract form and be tions, rates to be paid by the City those imposing fines, penalties, for-
printed in six (6)-point type in The to the public utility for street light- feitures or imprisonment, printing
City Record. ing or other utility services and to and advertising.
existing or proposed franchises
(f) Once each year, there shall be including railway and railroad oper- d. COMMITTEE ON AVIATION
prepared for distribution or printed ations and the Regional Sewer Dis- AND TRANSPORTATION, to which
in The City Record a cumulative trict. shall be referred all ordinances, res-
subject index covering the proceed- olutions and other matters pertain-
b. COMMITTEE ON PUBLIC SER-
ings of the Council. ing to the municipally-owned air-
VICE, to which shall be referred all
ports and any and all matters con-
ordinances, resolutions and other
Rule 13. Sergeant-at-Arms. The cerning aviation; and all ordinances,
matters pertaining to streets and
Council shall appoint a Sergeant-at- resolutions and other matters per-
street uses, street and sewer im-
Arms who shall be in attendance at taining to bridges, harbors, river
provements, switch track and pipe
all meetings of Council. The and lake travel, public transporta-
lines, elimination of grade cross-
Sergeant-at-Arms, under the direc- tion and bus, limousine and taxicab
ings, street cleaning, waste collec-
tion of the presiding officer, shall operations and all matters pertain-
tion and disposal, bridges and
preserve order in the Council Cham- ing to the Department of Port Con-
underpasses, taxes and assessments
ber and adjoining rooms, and in the trol, the Regional Transit Authority
for sidewalks and street improve-
manner to be prescribed by ordi- and the Port Authority.
ments, all banners across streets
nance shall compel the attendance
and all matters pertaining to the
of absent members. e. COMMITTEE ON PUBLIC
Department of Public Service.
PARKS, PROPERTY AND RECRE-
III. COMMITTEES OF COUNCIL c. COMMITTEE ON COMMUNITY ATION, to which shall be referred
AND ECONOMIC DEVELOPMENT, all ordinances, resolutions and other
Rule 14. Standing Committees. Not to which shall be referred all ordi- matters pertaining to public parks,
later than the fourth meeting of the nances, resolutions and other mat- public places, public recreation,
Council after its organization, the ters pertaining to the redevelopment playgrounds and public beaches; to
President of Council shall appoint of blighted areas, the rehabilitation all public buildings not specifically
one (1) standing committee of and conservation of property, the related to or belonging to some
eleven members; four (4) standing alleviation of the housing shortage department or division, including
committees of nine (9) members and alum clearance, economic and the City Hall, Public Auditorium,
each; and six (6) standing commit- industrial development, the Land the Public Stadium, the city mar-
tees of seven (7) members each of Reutilization Program and all mat- kets, and golf courses and cemeter-
whom the first named members ters relating to the Departments of ies; to the purchase or sale of all
shall be chair and the second named Community Development and Eco- property not specifically referred to
shall be vice-chair. All committee nomic Development. another committee of this Council
appointments, made under this Rule, except for the Committee on
including that of chair and vice- d. COMMITTEE ON PUBLIC Finance, and all matters pertaining
chair, the vice-chair shall preside SAFETY, to which shall be referred to the Department of Parks, Recre-
until the chair appears, and shall all ordinances, resolutions and other ation and Properties.
discharge all the duties and be matters pertaining to police, fire,
clothed with all the powers of the and emergency medical services and f. COMMITTEE ON EMPLOY-
chair during such absence. In the matters pertaining to the Boxing MENT, AFFIRMATIVE ACTION
absence of the chair and the vice- and Wrestling Commission, to the AND TRAINING, to which shall be
chair and a quorum being present, enforcement of the traffic code and referred all ordinances, resolutions
a temporary chair shall be selected off street parking and to inspection and other matters pertaining to the
by a majority vote of the members of buildings, and all matters per- formulation and monitoring of job
present who shall preside until the taining to the Department of Public participation linkage for publicly
chair or vice-chair appears and the Safety, and to tag days. funded development projects; the
temporary chair shall discharge all oversight of affirmative action poli-
the duties and be clothed with all C. The seven member committees cies, certification of minority and
the powers of the chair during such and the subject matters that shall be female business enterprises, and
absence. referred to them shall be as follows: contract compliance within the affir-
mative action goals of the City; and
A. The eleven member committee a. COMMITTEE ON CITY PLAN- the formulation of job training poli-
and its subject matter is as fol- NING, to which shall be referred all cies and performance monitoring of
lows: ordinances, resolutions and other job training contracts.

6
January 6, 2010 The City Record 7
Rule 14-1. Approval of Council of members of a committee shall be with to Council as Recommended
Appointments by Mayor. Whenever necessary for the recommendation for Passage, but if a majority of
the approval of Council is required of approval, disapproval or amend- the members of the committee vote
for appointments by the Mayor, the ment of any legislation pending negatively on such question, such
President of Council, upon request before a committee. All other legislation shall be reported forth-
of the Mayor for approval of any motions shall require only a major- with to Council as a recommenda-
appointment, shall forthwith appoint ity vote of the members of commit- tion of adversal of such legislation.
a select committee of five (5) mem- tee present. The vote on all matters before the
bers to which shall be referred the committee shall be recorded in the
name of each person whose appoint- Rule 15-2. Councilmember Ab- minutes of the committee meeting.
ment is submitted for approval of sences. Each absence of a commit- When a majority of a committee
Council. The select committee shall tee member, not authorized by the has reported, recommending or not
report to Council its recommenda- chair for good cause, or the recommending the passage, adop-
tion thereon. Thereupon Council, as absence of the chair, not autho- tion or approval of the legislation
part of the appropriate order of busi- rized by the President of Council under consideration, the minority
ness, shall proceed to vote upon the for good cause, shall be deemed a may present a minority report. All
approval of each appointment; the violation of the Rules of Council such reports shall be in writing
question being Shall the Council under Section 29 of the Charter, and signed by the members of the
approve the appointment by the punishable by a fine of one hun- committee voting in favor of or
Mayor? If a majority of all the dred dollars ($100.00) for each against the report.
members elected to Council vote unauthorized absence. For the pur-
aye, the Council shall approve such pose of this Subsection 15(b), but Rule 17. Committee of the Whole.
appointment. not for purposes of voting on rec- Upon declaration by the Council
ommendations to legislation, a com- President without objection or by
Rule 14-2. Member Pro Tempore. mittee member or chair thereof motion of a Councilmember support-
In the event of the absence of a shall also be deemed absent if a ed by a majority vote of Council, the
member from a published scheduled committee member or chair reports Council shall resolve itself into a
committee, the Council President, to the committee meeting later Committee of the Whole for the pur-
upon the request of the chair of the than fifteen (15) minutes after the pose of hearing from a person who
committee, may appoint a Coun- scheduled time for the commence- is not a member of the Council, or
cilmember to serve as a member pro ment of said meeting or when after for the purpose of considering busi-
tempore for purposes of that com- the commencement of said meeting ness generally, or for the purpose
mittee meeting. The appointment by leaves the meeting, except in case stated in the motion. When the
the Council President of the member of necessity or emergency, without Council shall decide to go into Com-
to that committee shall expire upon the authority of the chair or acting mittee of the Whole, the regular
completion of that committee meet- chair. Absence of a member of a officers shall continue to serve,
ing. Upon appointing a member pro committee from three (3) consecu- without objection, otherwise the
tempore, the Council President shall tive meetings, unless authorized by Council shall appoint a Chair to pre-
notify the members of Council of the the chair of such committee, may side, and the presiding officer of the
appointment and shall cause such upon the recommendation of such Council shall leave the chair. The
appointment to be reflected in the committee, cause the removal of rules of Council, in so far as prac-
City Record. such member from such committee ticable, shall be observed in the
by the President of Council. Committee of the Whole; however, a
Rule 14-3. Removal of Members roll call of ayes and nays shall not
from Committees. The President of Rule 15-3. Committee Room Seat- be in order.
Council, may for cause at any time, ing. Seats at the table in the com-
remove and replace any member or mittee room shall be reserved for Rule 17-1. Joint Committee. When
members of any standing committee members of the committee, the it is desired that legislation shall
established under Rule 14 or from Mayor and administrative officials be considered by two or more
any special committee or commit- having business before the commit- standing committees jointly, a ref-
tees. tee, members of Council not mem- erence may be made by the Presi-
bers of the committee, persons dent of Council to a joint commit-
Rule 15. Committee Meetings. A specifically invited by the chair or tee comprised of the membership of
majority of the members of a com- by a vote of the committee, re- said standing committees, which
mittee shall constitute a quorum for porters, representatives of civic shall operate as a single commit-
the transaction of business. Each organizations and of organized tee. A quorum of a joint committee
committee shall hold its regular labor, and it shall be the duty of the shall consist of a majority of the
meetings at the time and place fixed Clerk of committees to see to it that members thereof, counting mem-
in the schedule, as prepared by the the foregoing precedence of seating bership in each committee sepa-
President of Council and Clerk of is strictly followed. rately, so that a member of each or
Council in conference with the two or more committees constitut-
chairs of the several committees. Rule 15-4. Rules of Committees. ing such joint committee shall be
Except in case of obvious inconsis- counted once for each committee on
Rule 15-1. Meeting. A committee tency or inapplicability, committee which he/she is a member. A
meeting schedule shall be published hearings shall be governed by the majority vote, similarly counted,
by the Clerk. Should the chair of a rules applicable to Council proceed- shall be required for action by such
committee find it necessary to hold ings. joint committee. The President of
the meeting at another time and Council shall determine the chair
place, the chair shall cause notice Rule 16. Reports. No ordinance, of the joint committee from the
thereof to be given and posted at resolution, petition, or other mat- chair of the standing committees
least twenty-four (24) hours before ters referred to a committee for that make up the joint committee.
the new time fixed for the meeting. action shall be approved or disap- Rule 17-2. Subcommittee. When
All committee meetings shall be proved and reported out until it determined to be in furtherance of
open, and a record of the attendance shall have first been considered at the legislative process, the chair of
of members of the committee and a committee meeting regularly a standing committee and the Pres-
the action taken there, shall be kept called as provided for herein and ident of Council may designate cer-
by the secretary of the committee in no committee shall consider or hold tain members of said standing com-
a record provided for that purpose. a hearing on any proposed legisla- mittee to form a subcommittee
Such record shall be kept on file tion until it has been introduced in thereof for the purpose of examin-
with the Clerk of Council and open Council and referred to the com- ing such matters as are identified
to public inspection as other public mittee. The chair, upon motion of by the chair and President at the
records. No legislation shall be any member that shall not require time the subcommittee is formed.
amended while in committee and it a second, shall put the question of At the completion of its work, the
shall be the duty of the committee the recommendation of approval or subcommittee shall report its find-
to recommend to Council the of approval when amended. If a ings to the entire standing com-
approval, disapproval or amendment majority of the members of the mittee or, in the discretion of the
of any legislation pending before committee vote affirmatively, such President of Council, the entire
the committee. A majority of the legislation shall be reported forth- Council.

7
8 The City Record January 6, 2010
IV. DUTIES, PRIVILEGES AND tion at the same time, the presiding personal privilege shall yield only
DECORUM OF MEMBERS officer shall name the member who to a motion to recess or adjourn.
is first to speak and the exercise of
Rule 18. Roll Call of Council. such discretion by the presiding offi- Rule 30. No Person, Other Than
Every member shall be seated at the cer shall not be subject to appeal the Clerk and the Clerks Assistants,
time of roll call, otherwise the mem- under Rule 26. Shall Be Permitted at the Clerks
ber shall not be recorded as present Desk While the Yeas and Nays are
except upon order of Council. The Rule 24. Time Limitation of Being Taken. No person, other than
Clerk shall publish in The City Speaking. No member shall be the Clerk and the Clerks assistants,
Record the names of the members allowed to speak for a longer time shall be permitted at the Clerks
present and absent. than 4 minutes at any one time desk while the yeas and nays are
without the permission of Council. being taken.
Rule 19. Duty to Vote. Every mem- No member shall speak more than
ber present shall vote on all ques- once on the same legislation until V. MOTIONS
tions upon the call of the yeas, and every other member desiring to
nays, unless excused by the unani- speak on that legislation shall have Rule 31. Purpose and Form.
mous consent of the Council; except had an opportunity to do so. Neither Motions shall be used only to expe-
that no member shall vote on any the Mayor nor any director may dite the orderly transaction at the
question in which they are finan- speak longer than 4 minutes upon business of Council and shall not be
cially interested or which in any the same motion, ordinance or ques- substituted for resolutions or ordi-
way involves personal or private tion without the consent of Council. nances. The form of all motions
rights. Any member present, unless shall be I move that followed by
so excused, or excepted as above, Rule 25. Members Called to Order. the substance of the motion. No sec-
who refuses to vote upon any ques- If any member in speaking or oth- ond shall be required for any motion
tion relating to the city government, erwise transgresses the rules of the except as specifically provided for
upon which the member may vote, Council, the President shall call the in a rule, but upon demand of any
when the yeas and nays are being offending member to order. The member any motion shall be with-
taken shall be guilty of contempt of member so called to order shall drawn by the maker before it has
the Council, and may, for such con- immediately take his seat unless been amended or voted upon. When
tempt, be censured by a majority permitted by the President to a motion is made the presiding offi-
vote of the Council or may be explain. Any member may, by rais- cer shall state it before any debate
expelled from the Council by a vote ing the point of order, call the atten- shall be in order. All motions that
of two-thirds of all the members of tion of the President to such trans- have been entertained by the Presi-
the Council pursuant to Section 29 gression. The President, without dent of Council shall be entered
of the Charter of the City of Cleve- debate, shall decide the point of upon the minutes.
land. order. Every such decision of the
President shall be subject to appeal Rule 32. Precedence of Motions.
Rule 20. Yeas and Nays. On the to the Council upon motion with a When a question is before the Coun-
passage of every ordinance or reso- second. cil no motion shall be entertained
lution, and on the appointment of except the following:
every officer, the vote shall be Rule 26. Right of Appeal. Any
taken by yeas and nays, entered in member may appeal to the Council 1. To adjourn.
full upon the records and published from a ruling of the presiding offi- 2. To fix the hour of adjournment.
in the official journal. On any other cer. The member making the appeal 3. For the previous question.
question, the yeas and nays shall be may briefly state the reason for the 4. To lay on the table.
entered upon the record on the same, and the presiding officer may 5. To postpone to a day certain.
request of any member. Upon the briefly explain the ruling; but there 6. To postpone indefinitely.
call of the yeas and nays, the Clerk shall be no debate on the appeal and 7. To refer to a committee.
shall call the names of members no other member shall participate in 8. To amend.
alphabetically and record the vote. the discussion. The presiding officer
shall then put the question, Shall These motions shall have prece-
Rule 21. Change of Vote. Before the decision of the chair be sus- dence in the order indicated. The
the announcement of the vote on tained? If a majority of the mem- motion to adjourn and the motion
any question, the Clerk shall read bers present vote aye, the ruling of for the previous question, shall be
the vote of each member so taken the chair is sustained; otherwise it put to a vote without debate; the mo-
upon the demand of any member, at is overruled. tion to fix the hour of adjournment
which time any member on account shall be debatable only as to the
of error or for any other reason may Rule 27. Member May Read from time of such adjournment; and all
change his/her vote; but no member Books, etc. Any member while dis- other motions shall be debatable.
shall be permitted to change his/her cussing a question, may read from
vote as recorded after the roll call books, papers or documents any Rule 33. The Previous Question.
has been verified and the result matter pertinent to the subject The motion for the previous ques-
declared. under consideration without asking tion shall require a majority vote of
leave; provided, however, that such all members elected to Council; shall
Rule 22. Recording of Vote of reading shall be subject to and be considered only once; may be
Absent Member. Any member, hav- included within the time limitation renewed after intervening business;
ing been unavoidably absent, may prescribed in Rule 24. shall take precedence over all debat-
at the next meeting be permitted to able questions and shall be in order
have their vote recorded upon any Rule 28. Division of Question. If to prevent amendment of undebat-
question acted upon during such the question contains two or more able questions. When the previous
absence; provided such vote shall divisible propositions, the presiding question is moved and seconded by
not change the result; and provided officer may, and upon request of a one other member, it shall be put as
further that such member shall not member, shall divide the same; but follows: Shall the main question be
be entitled to move a reconsidera- a motion to strike out a provision now put? There shall be no further
tion of the question to be voted and insert a substitute is not divis- amendment or debate but pending
upon. ible. amendments shall be put in their
order before the main question. If
Rule 23. Right of Floor. When any Rule 29. Personal Privilege. Any the question, Shall the main ques-
member is about to address the member may rise to explain a mat- tion be now put? be decided in the
Council the member shall rise and ter personal to the member, and on negative, the main question remains
respectfully address the presiding stating that it is a matter of per- before the Council.
officer, and when recognized by the sonal privilege, the member shall be
chair shall confine any comments to recognized by the President, but Rule 34. Motion to Lay on the
the question under debate, avoid shall not discuss a question or issue Table. The motion to lay on the
personalities and refrain from in such explanation. Such explana- table shall dispose finally of the leg-
impugning the motives of any other tion shall not consume more than 2 islation against which it is invoked
members argument or vote. When minutes of time unless extended by but a motion to lay a pending
two or more members ask recogni- consent of the Council. Matters of amendment to an ordinance or reso-

8
January 6, 2010 The City Record 9
lution on the table shall not carry mitted by the initiative shall have as an emergency measure and shall
the ordinance or resolution with it. endorsed thereon Submitted by Ini- have the standing that a measure
A motion to lay on the table shall tiative Petition. would have had if it had not been
require a majority vote of all mem- read as an emergency measure.
bers elected to Council. Rule 38-1. Preparation of Legisla-
tion. In order that adequate time Rule 41. Reference to Committee.
Rule 35. Motion to Postpone to a may be given to the preparation of All ordinances and resolutions shall
Day Certain. A motion to postpone legislation, members of Council be read by title on the day when
to a day certain shall require a shall present requests for legislation introduced, unless such reading is
majority vote of the members pre- to the Law Department not later dispensed with by a two-thirds vote;
sent; shall be subject to reconsider- than 5:00 oclock P.M. on the Friday and unless otherwise ordered by the
ation; may be renewed after inter- preceding the meeting at which Council shall be referred by the pre-
vening business; shall be debatable such legislation is to be introduced siding officer to the appropriate
as to the propriety of the postpone- for first reading, and not later than committee or committees, which ref-
ment but not upon the merits of the 5:00 oclock P.M. of the Wednesday erence shall be announced forthwith
legislation; and may be amended by preceding introduction of legislation by the Clerk. The committee or com-
changing the date. Upon the arrival for passage under suspension of the mittees to which the legislation is
of the date to which postponed the rules. so referred shall, after due consid-
legislation shall be considered in eration and at least one public hear-
the regular order of business of that Rule 38-2. Request for Legislation. ing, propose any amendments with
day. All legislation shall have indicated recommendations for approval or
Rule 36. Motion to Postpone Indef- at the end thereof the date of prepa- disapproval. When so reported, such
initely. The motion to postpone ration and the initials of the drafts- ordinance or resolution shall, unless
indefinitely shall have the same man and typist; and all legislation otherwise ordered, be read a second
effect as motion to lay on the table, originating in administrative depart- time and laid over until the next
and shall require a majority vote of ments shall contain in addition meeting of the Council, when the
all members elected to Council. thereto the name of the head of the same shall be read a third time and
Motion to postpone indefinitely shall department or division for whom a vote taken thereon. The Council
not be reconsidered; shall be debat- prepared and the name of the mem- shall act upon no ordinance or res-
able and shall open the legislation ber of Council introducing such leg- olution except a resolution of con-
to debate; may be renewed after islation shall be followed by the dolence or one of an extreme emer-
intervening business and may not words By request in parentheses. gency nature, until it has been
be amended or laid on the table, and referred to and reported upon by a
shall be subject to previous ques- Rule 38-3. Request for Legislation committee or committees of Council.
tion. for Passage Under Suspension of the
Rules. The Clerk of Council shall Rule 41-1. Re-reference to Com-
Rule 37. Reconsideration. After not accept a request for legislation mittee. Any pending legislation
the decision of any question, any for passage on introduction under may, by a vote of a majority of the
member who voted with the majori- suspension of the rules unless fur- members elected to Council or by
ty may move a reconsideration of nished sufficient copies of such leg- declaration of the Council President
any action at the same or the next islation to provide each member of without objection, be referred to any
succeeding meeting, provided, how- Council therewith, together with a committee to which previously
ever, that a resolution authorizing like number of copies of a statement referred under these rules, or to any
or relating to any contract may be by the Director of the requesting appropriate committee designated in
reconsidered at any time before the department setting forth the reasons the motion to re-refer. When re-
final execution thereof. A motion to requiring the immediate action ferred back to the Council, such leg-
reconsider shall require a majority thereon. A request for legislation for islation shall have the same stand-
vote of all the members elected to passage on introduction under sus- ing as it had at the time when re-
Council. After a motion for recon- pension of the rules at the last meet- referred.
sideration has once been acted upon, ing prior to the Summer recess of
no other motion for a reconsidera- Council or at the final annual meet- Rule 42. Reference to More Than
tion thereof shall be made without ing of Council shall not be accepted One Committee. Whenever any pend-
unanimous consent of the members by the Clerk of Council unless the ing matter is referred to more than
present. required statement bears the one committee for consideration and
approval of the President of Coun- report, said committee may consider
VI. ORDINANCES AND cil. To the extent that circumstances the same in joint session as a joint
RESOLUTIONS permit all such legislation shall be committee, if the chairs of the com-
considered informally by at least mittees concerned consent thereto.
Note: The adoption of a resolu- one committee of Council, to which The chair of the committee first
tion is the proper procedure for an such legislation would otherwise be named shall preside at such joint
informal enactment providing for referred. sessions, and each member of the
the disposition of a particular item joint committee shall have one vote
of business, while the passage of an Rule 39. Form of Ordinances. The for each committee of which he/she
ordinance is the proper procedure enacting clause of all ordinances is a member composing the joint
for the enactment of a regulation of shall be Be it ordained by the Coun- committee. A majority of the mem-
a general or permanent nature. (19 cil of the City of Cleveland. except bers of each of the separate com-
R.C. L. 895; 46 C.J. 519; 29 O.A. 386). those submitted by Initiative peti- mittees shall constitute a quorum of
tion, which shall be Be it ordained such committee and the vote shall
Rule 38. Introduction. Ordinances by the people of the City of Cleve- be taken by roll call of each of the
and resolutions shall be introduced land. All ordinances before intro- separate committees constituting
in the Council only in printed or duction shall be in typewritten form, the joint committee. Its report shall
written form, with the name of the with two additional copies, on the be made in the same manner and
member introducing the same forms to be provided by the City under the same rules as reports are
endorsed thereon. No ordinance or Clerk. No ordinance or resolution or made by standing committees.
resolution affecting the zoning reg- section thereof shall be revised or
ulations or the construction of pub- amended unless the new ordinance Rule 42-1. Relieving Committees.
lic improvements within a particular or resolution contains the entire Any committee to which an ordi-
ward shall be introduced in Council ordinance or resolution, or section nance or resolution has been
in the name of the member of Coun- revised or amended, and the origi- referred under Rule 41 or re-referred
cil from such ward except with that nal ordinance, resolution, section, or under Rule 41-1, may be relieved of
members written permission prior sections so amended shall be further consideration of such legis-
to such introduction, and when the repealed. lation by a motion duly made and
members name shall be followed by Rule 40. Emergency Ordinances. If adopted by a two-thirds vote of all
the words By departmental any emergency ordinance or resolu- members elected to Council or by
request, which shall be deemed not tion fails to receive a two-thirds the chair of the committee to which
to imply agreement with the pur- affirmative vote of all members the legislation has been referred
pose of such legislation by reason elected to Council, such measure with the consent of the Council
of such sponsorship. Ordinances sub- shall cease to be before the Council President.

9
10 The City Record January 6, 2010
Rule 43. Three Readings. No ordi- legislation for which such substitute Rule 52. Reports of City Officers.
nance or resolution shall be passed is offered shall be laid upon the All ordinances, resolutions and com-
until it has been read on three sep- table as a final disposition thereof. munications pertaining to matters
arate days; unless the reading on Before accepting for introduction that come under the supervision and
three separate days has been dis- any substitute legislation, the control of the Mayor shall, in addi-
pensed with by a two-thirds vote of author of the original legislation tion to being referred to the proper
all members elected to Council. The shall be given notice thereof by the committees, be also referred to such
final reading shall be in full unless Clerk of Council. respective administrative officers
a written or printed copy of the for recommendation and report. Not
measure shall have been furnished Rule 46. Ordinances Fixing Fines later than thirty (30) days after ref-
to each member of the Council prior and Penalties. All ordinances impos- erence to the administrative officer
to such reading. Copies of all first ing fines, penalties, forfeiture or or officers as the case may be each
reading ordinances and resolutions imprisonment shall be referred to ordinance, resolution, or communi-
to be introduced for passage and the Committee on Legislation, and cation so referred shall be returned
adoption under suspension of the the Director of Law shall be asked to the Clerk of Council with the
rules and without reading on three to give an opinion thereon. endorsement of each such adminis-
separate days shall be placed on the trative officers approval or disap-
members desks within the Council Rule 47. Amendments. It shall be proval of such matter so referred. It
Chambers prior to a vote being in order to amend an ordinance at shall be the duty of the Clerk of
taken on the ordinance or resolu- any time when not in the hands of Council to enforce this rule rigidly.
tion. When it is desired to suspend a committee; but if amended after The Clerk shall use all diligence in
this and rule 41 in order to permit its second reading, it shall again be seeing that departments to which
the passage of legislation upon read as the second reading thereof, measures are referred return them
introduction the question on the and laid over for further and final to the Clerks office within the time
motion for such suspension shall be action. A majority vote of all the fixed herein.
as follows: Shall the Charter and members elected to Council shall be
statutory provisions and rule 43 necessary for the adoption of an Rule 52-1. Mandatory Referral of
requiring reading on three separate amendment to any legislation pend- Legislation. Mandatory referral of
days and rule 41 requiring reference ing before the Council. legislation under Section 76-3 of the
to committees be dispensed with and Charter shall be deemed to include
Ordinance No. ... (Resolution No. ...) Rule 48. Adoption. All ordinances the following matters:
be placed on final passage? If two- and resolutions shall require for
thirds of all the members elected to passage or adoption a majority vote 1. Zoning or other regulations of
Council vote aye, the Charter, statu- of all the members elected. The vote land use.
tory and rule requirements requir- on their adoption shall be taken by 2. Acquisition or lease of land for
ing reading on three separate days yeas and nays and entered on the public uses.
and reference to committees shall be records of the meeting except as 3. Sale or lease of publicly owned
suspended. As an exception to the otherwise provided in these rules.
lands.
foregoing, resolutions of condolence
4. Vacation or dedication of
and congratulatory resolutions shall Rule 49. Signing Ordinances and
streets or alleys.
be read by title only and adopted Resolutions. All ordinances passed
5. Street widening or street exten-
viva voce or by rising vote. and resolutions adopted by Council
sions.
shall be signed by the President and
6. Permits for private uses of
Rule 43-1. Copies Required for Sus- presented forthwith to the Mayor by
streets or public property.
pension of Rule 43. No ordinance of the Clerk.
7. Determining to proceed with
a general nature or imposing penal-
public improvements.
ties which has not been referred to Rule 50. Action on Mayors Veto.
8. Requests for studies or plan
a committee of Council, shall be When the Mayor refuses to sign an
preparation.
passed under suspension of the rules ordinance or resolution or part
9. Bond issues for capital im-
unless a copy of such ordinance thereof and returns such ordinance
provements.
shall have been placed on the desk or resolution to the Council with
of each member prior to the passage objections, pursuant to Section 37 of 10. Housing.
of such ordinance under suspension the Charter, the Council shall after
of Rule 43. the expiration of not less than one A request for an additional thir-
week following the meeting at ty (30) day period for further con-
Rule 44. Appropriation Ordinances. which such vetoed ordinance or res- sideration may be granted by the
Ordinances making appropriations olution is returned, proceed to recon- President of Council if the appli-
shall be confined to the subject of sider the same. After the adoption cation for such extension is sub-
appropriation. No money shall be of the motion so to reconsider, the mitted to the President before the
appropriated except by ordinance. question shall be stated as follows: expiration of the thirty (30) day
All ordinances for fixing a tax rate, Shall Ordinance No. (Resolution period allowed by Section 76-3 of
the appropriation of money, the No.) be passed (or adopted) notwith- the Charter. No further extension
issuance of bonds, the transfer of standing the veto of the Mayor? of time shall be allowed except
money to any fund, or the payment Those voting aye vote to override upon motion of a member of Coun-
of claims; and all resolutions and the Mayors veto. Those voting nay cil adopted by a majority vote of
ordinances whereby the city shall vote to sustain the Mayors veto. If all the members present. Such
become liable for the payment of two-thirds of all the members elect- request shall be filed with the
any money, shall be referred with- ed to Council vote aye, such ordi- Clerk of Council.
out debate to the finance committee nance or resolution vetoed by the
for consideration and report; unless Mayor shall take effect without the Rule 52-2. Mutilation of Legisla-
this requirement shall be suspended Mayors signature. tion. No alteration, change, erasure
by two-thirds of all the members or mark shall be made upon any
elected. The vote of each suspension VII. ADMINISTRATIVE piece of legislation by any person
shall be taken by yeas and nays and OFFICERS except the Clerk of Council and then
entered on the record. only pursuant to an amendment
Rule 51. Attendance Required. The thereto made by Council pursuant to
Rule 45. Substitute Legislation. Mayor and the directors of all Rule 47. Nothing shall be physically
Legislation dealing with the same departments shall be required to attached to any piece of legislation
subject matter may be substituted attend the regular and special meet- after introduction thereof except the
for any pending ordinance or reso- ing of Council and shall be provid- fiscal certificate required by Section
lution by a majority vote of all the ed with seats on the floor of the 106 of the Charter nor shall any
members elected to Council, upon Council. They shall be required, at endorsement appear upon any legis-
the recommendation of any commit- any such meeting, to answer such lation except that of the head of the
tee to which such legislation has questions relating to the affairs of department or office to which re-
been referred. Substitute legislation the city under their respective ferred or the person duly authorized
shall be subject to all the provisions supervision and control as may be by such head. Reports of subordi-
of the Charter and rules applying to put to them by any member of the nates to the heads of departments or
ordinances on first reading, and the Council. other pertinent data or reports may

10
January 6, 2010 The City Record 11
be filed with such legislation if Resolution No. 580-09. authority of Ordinance No. 485-07,
referred to in the official reports By Director Dumas. passed June 11, 2007 by the Cleve-
endorsed upon the back of such Resolved by the Board of Control land City Council, for a gross price
piece of legislation. of the City of Cleveland, that under for the improvement in the aggre-
Section 101 of the Charter, Section gate amount of $136,705, is affirmed
VIII. COUNCIL CHAMBER 181.19 of the Codified Ordinances of and approved as the lowest respon-
Cleveland, Ohio, 1976, and Resolu- sible bidder, and the Director of
Rule 53. Use of Council Chamber. tion No. 921-52, adopted by the Board Public Service is authorized to enter
The Council Chamber shall be used of Control on November 26, 1952, the into contract for the improvement
only for meetings of the Council or report of the Commissioner of Pur- with the bidder.
committees thereof, except where chases and Supplies for the sale of Be it further resolved, by the
the Council by vote authorizes its scrap, personal property, and by- Board of Control of the City of
use by persons other than city offi- products during the month of De- Cleveland that the employment of
cials. The Clerk, with the written cember, 2009 in the amount of the following subcontractors by R.
approval of the President of Coun- $10,481.06, attached and made apart W. Clark Company, Inc. is ap-
cil, may permit other public officials of this resolution, is received, ap- proved:
to use the Council Chamber on pub- proved and ordered filed.
lic business, when not in use by the Yeas: Directors Triozzi, Dumas, Subcontractor Amount
Council or committees. Acting Director Withers, Director MBE/FBE Percentage
Smith, Acting Director R. Scott,
Rule 54. Privileges of Floor. No Directors Carroll, Flask, Cox, Rush, Precision Industrial $10,598.00
person except members or former Acting Director West, Directors MBE 7.752%
members of the Council, officers Nichols, Fumich, Interim Director
named in the rules, reporters and Mahoney and Director Rybka. Work Best Electric $ 5,000.00
persons invited by the President of Nays: None. CSB/FBE 3.658%
Council or by vote of the Council Absent: Mayor Jackson.
shall be admitted within the bar of Anderson Janitorial $ 300.00
the Council chamber, and the Resolution No. 581-09. CSB/MBE .219%
Sergeant-at-Arms shall cause this By Interim Director Withers.
rule to be rigidly enforced. Be it resolved by the Board of Don Koo & Associates $ 5,200.00
Control of the City of Cleveland that 3.803%
IX. RULES, SUSPENSION, the bid of Shook, Inc. Northern Divi-
AMENDMENT AND OTHER sion for the public improvement of SRD Builder $17,670.00
the Morgan Chemical Facility Pro- 12.926%
Rule 55. Suspension of Rules. Any ject No. 119, including a $1,592,855.00
provision of these rules may be sus- contingency allowance, all items, for Dentz Painting $ 3,995.00
pended at any meeting of the Coun- the Division of Water, Department 2.922%
cil, by a majority vote of all the of Public Utilities, received on
members elected, except when a November 18, 2009, under the author- Yeas: Directors Triozzi, Dumas,
greater number is required by law ity of Ordinance No. 649-09, passed Acting Director Withers, Director
or by the rules. The vote on any June 8, 2009, upon a unit basis for Smith, Acting Director R. Scott,
such suspensions shall be taken by the improvement in the aggregate Directors Carroll, Flask, Cox, Rush,
yeas and nays and entered upon the amount of $17,521,405.00, is affirmed Acting Director West, Directors
records. and approved as the lowest respon- Nichols, Fumich, Interim Director
sible bid, and the Director of Public Mahoney and Director Rybka.
Rule 56. Amending Rules. These Utilities is authorized to enter into Nays: None.
rules may be amended, or new rules a contract for the improvement with Absent: Mayor Jackson.
may be adopted by a majority vote the bidder.
of all members elected to the Coun- Be it further resolved by the Board Resolution No. 583-09.
cil, on the report of the committee of Control of the City of Cleveland By Director Flask.
formed for such purpose. that the employment of the follow- Resolved by the Board of Control
ing subcontractors by Shook, Inc. of the City of Cleveland that the bid
Rule 57. Other Rules. Except as Northern Division for the above-men- of Fire Force Inc., for an estimated
herein otherwise provided, the pro- tioned public improvement is ap- quantity of Thermal Imaging Cam-
ceedings of the Council shall be gov- proved: eras, item number 1 thru item num-
erned by the City Charter, the Cod- ber 4, for the Division of Fire,
ified Ordinances of the City of SUBCONTRACTOR WORK Department of Public Safety, for the
Cleveland, and Roberts Rules of PERCENTAGE period of one (1) year beginning
Order, and it shall be the duty of with the date of execution of a con-
the presiding officer to adhere to PriceBuilders (CSB/MBE) $160,000.00 tract, received on October 16, 2009,
and enforce such rules. 0.913% under the authority of Ordinance No.
912-09, passed by Cleveland City
PettyGroup(CSB/MBE) $ 8,274.00 Council on July 1, 2009, which on the
BOARD OF CONTROL 0.047% basis of the estimated quantity
would amount to $232,548.00, is here-
Yeas: Directors Triozzi, Dumas, by affirmed and approved as the
December 30, 2009 Acting Director Withers, Director lowest and best bid, and the Direc-
Smith, Acting Director R. Scott, tor of Public Safety is hereby re-
The regular meeting of the Board Directors Carroll, Flask, Cox, Rush, quested to enter into a requirement
of Control convened in the Mayors Acting Director West, Directors contract for the goods and/or ser-
office on Wednesday, December 30, Nichols, Fumich, Interim Director vices, which shall provide for the
2009, at 10:30 a.m. with Director Tri- Mahoney and Director Rybka. immediate purchase as the initial
ozzi presiding. Nays: None. amount of the contract of the fol-
Present: Directors Triozzi, Dumas, Absent: Mayor Jackson. lowing:
Acting Director Withers, Director
Smith, Acting Director R. Scott, Resolution No. 582-09. Requisition No. 199430
Directors Carroll, Flask, Cox, Rush, By Director Wasik. as specified,
Acting Director West, Directors Be it resolved by the Board of which shall be certified against the
Nichols, Fumich, Interim Director Control of the City of Cleveland that contract in the sum of $232,548.00.
Mahoney and Director Rybka. the bid of R. W. Clark Company, The requirement contract shall
Absent: Mayor Jackson. Inc., for the public improvement of further provide that the Contractor
Others: James Hardy, Commis- the building improvements for the shall furnish the remainder of the
sioner, Purchases and Supplies. office renovations to the Department Citys requirements for the goods
Natoya Walker, Interim Director, of Community Development, Real Es- and/or services, whether more or
Office of Equal Opportunity. tate Office, base bid, and alternates less than the estimated quantity, as
On motions, the following resolu- 1A, 1B, 2A, 2B, 2C and 3, for the De- may be ordered under subsequent
tions were adopted, except as may partment of Public Service, received requisitions separately certified
be otherwise noted: on October 14, 2009, under the against the contract.

11
12 The City Record January 6, 2010
Yeas: Directors Triozzi, Dumas, will be notified of the results of the jects 7 feet where an open porch
Acting Director Withers, Director examination as soon as the commis- may not project more than 6 feet
Smith, Acting Director R. Scott, sion has graded the papers. There- and no distance is provided where
Directors Carroll, Flask, Cox, Rush, after, eligible lists will be estab- the porch may not extend within 10
Acting Director West, Directors lished which will consist of the feet of the street line, and the exist-
Nichols, Fumich, Interim Director names of those candidates who have ing nonconforming use, front porch
Mahoney and Director Rybka. been successful in all parts of the for a two family dwelling, requires
Nays: None. examination. the Board of Zoning Appeals ap-
Absent: Mayor Jackson. proval in accordance with Section
PHYSICAL EXAMINATION: All 359.01 of the Cleveland Codified
Resolution No. 584-09. candidates for original entrance po- Ordinances.
By Director Flask. sitions who are successful in other
Resolved by the Board of Control parts of the examinations must sub- Calendar No. 09-264: 1524 East 118th
of the City of Cleveland that the bid mit to a physical examination. Street (Ward 9)
of Independence Communications, Jordan Real Estate LLC and
Inc., for an estimated quantity of REYNALDO GALINDO, Emmett Jordan, owner, appeal to
Installation and Removal of Existing President install approximately 98 linear feet
Mobile Data Computers and Existing of 6-foot tall privacy fence along
In-Car Video system Components, the side yard of a 40' x 138.92' par-
item number 1 and item number 2, for SCHEDULE OF THE BOARD cel in a Two-Family District; and a
the Division of Police, Department of OF ZONING APPEALS distance of 4 feet from an adjacent
Public Safety, for the period of one residence building is proposed,
(1) year beginning with the date of where a fence in an actual side
execution of a contract, received on yard of a residence district shall
TUESDAY, JANUARY 19, 2010
October 23, 2009, under the authority not exceed 6 feet in height and not
of Ordinance No. 733-09, passed by be higher than its distance from a
9:30 A.M.
Cleveland City Council on June 8, residence building on an adjacent
2009, which on the basis of the esti- property, according to Section
Calendar No. 09-247: 13600 Deise Ave-
mated quantity would amount to 358.04(a) in the Cleveland Codified
nue (Ward 10)
$356,470.59, is hereby affirmed and Ordinances.
Northern Lakes Management Com-
approved as the lowest and best bid,
pany, owner, and Northern Ohio
and the Director of Public Safety is Calendar No. 09-265: 450 East 109th
Scrap Service Corporation, lessee,
hereby requested to enter into a Street (Ward 8)
through attorney Craig Miller, ap-
requirement contract for the goods Melvin Upshaw, owner, and Ber-
peal under Section 329.02(d) of the
and/or services, which shall provide nice Daniels, tenant, appeal to erect
for the immediate purchase as the Cleveland Codified Ordinances from
a Notice of Nonconformance issued a 5' x 5' wheelchair lift on a 40' x
initial amount of the contract of the 87' parcel in a One-Family District
following: November 13, 2009 by the City of
Cleveland Chief Building Official where a wheelchair lift is not a per-
for a proposed scrap metal process- mitted encroachment in the provi-
Requisition No. 188185 sions of Section 357.13 of the Cleve-
as specified, ing facility and open yard storage
of scrap metal with an industrial- land Codified Ordinances.
which shall be certified against the
contract in the sum of $348,820.59. ized unit office building on acreage
located at 13600 Deise Avenue. Secretary
The requirement contract shall
further provide that the Contractor
shall furnish the remainder of the Calendar No. 09-256: 1464 West 57th
Street (Ward 15)
REPORT OF THE BOARD
Citys requirements for the goods
and/or services, whether more or Jacqueline Ortiz, owner appeals to OF ZONING APPEALS
less than the estimated quantity, as erect a one-story frame, open porch
may be ordered under subsequent at the front of a one-family dwelling
on a 40' x 70' parcel in a Two-Fam- MONDAY, JANUARY 4, 2010
requisitions separately certified
against the contract. ily District; contrary to Section
357.05(a) an interior side yard of 3 At the meeting of the Board of
Yeas: Directors Triozzi, Dumas,
feet is provided where 5 feet is re- Zoning Appeals on Monday, January
Acting Director Withers, Director
quired. The proposed porch projects 4, 2010, the following appeals were
Smith, Acting Director R. Scott,
8 feet contrary to 6 feet, and a dis- heard by the Board.
Directors Carroll, Flask, Cox, Rush,
Acting Director West, Directors tance of 8 feet 8 inches is provided
from the street line, contrary to a The following appeals were Ap-
Nichols, Fumich, Interim Director
required 10 feet according to Section proved:
Mahoney and Director Rybka.
Nays: None. 357.13(b)(4) in the Cleveland Codi-
fied Ordinances. Calendar No. 09-258: 18300 Lotus
Absent: Mayor Jackson.
Drive
Calendar No. 09-257: 4219 Cyril Ave- Ervin Simmons, owner, and Janice
JEFFREY B. MARKS,
nue (Ward 14) Talley, tenant, appealed to erect a
Secretary
Burnice Weaver, owner, appeals to pre-manufactured wheelchair lift and
install a gravel driveway on a 35' a front porch landing on a parcel in
CIVIL SERVICE NOTICES x 140' parcel in a Two-Family Dis- an A1 One-Family District; subject
____________ trict; nonconforming to Section 337.18 to conditions.
that requires accessory off-street park-
General Information ing spaces, driveway and maneuver- Calendar No. 09-215: 339 Skyview
Application blanks and informa- ing areas to be properly graded for Road
tion, regarding minimum entrance drainage so that all water is drain- William Kirchner appealed to erect
qualifications, scope of examination, ed within the lot providing such as 12' x 12' rear deck extension to
and suggested reference materials parking spaces, surfaced with con- an existing deck in an A1 One-Fam-
may be obtained at the office of the crete asphaltic concrete, asphalt or ily District.
Civil Service Commission, Room 119, similar surfacing material, main-
The following appeal was Denied:
City Hall, East 6th Street, and Lake- tained in good condition and free of
side Avenue. debris and trash, as stated in the None
Cleveland Codified Ordinances.
Application blanks must be prop- The following appeal was Dis-
erly filled out on the official form Calendar No. 09-261: 2916 Fulton missed:
prescribed by the Civil Service Com- Road (Ward 14)
mission and filed at the office of the Olga Rodriquez, owner, appeals to Calendar No. 09-177: 10515 Sandusky
commission not later than the final erect a 7' x 30' 4" one-story frame, Avenue
closing date slated in the examina- open porch to the front of an exist- Micah Sanford, owner, and Lynette
tion announcement. ing two-family dwelling on a 47' x Franklin, tenant, appealed to change
55' parcel in a Local Retail Busi- use from a beauty salon to a day
EXAMINATION RESULTS: Each ness District; contrary to Section care a two-story dwelling house in
applicant whether passing or failing 357.13(b)(4), the proposed porch pro- a Two-Family District.

12
January 6, 2010 The City Record 13
The following appeals were Post- Cleveland Division of Assessments W. 58th Street to Open Space and
poned: and Licenses to deny an application Recreation District (Map Change No.
for a Coin Operated Amusement De- 2286 Sheet No. 1).
Calendar No. 09-244: 1678 Leonard Ave- vice Licenses.
nue postponed to February 16, 2010. Ord. No. 1114-09.
Secretary By Council Member Zone.
Calendar No. 09-245: 3926 Valley Road An ordinance to change the Use
postponed to February 22, 2010.
District of land located on the north-
REPORT OF THE BOARD
east corner of Clinton Avenue and
Calendar No. 09-248: 1859-65 West OF BUILDING STANDARDS
25th Street postponed to January West 65th Street to Open Space and
25, 2010. AND BUILDING APPEALS Recreation District (Map Change No.
2285 Sheet No. 1).
Calendar No. 08-54: 3902 Lee Road
postponed to February 16, 2010. Ord. No. 1727-09.
NO MEETING
By Council Member Mitchell.
Calendar No. 09-218: 1616 West 25th An ordinance to change the Use,
Street postponed to February 22, PUBLIC NOTICE Area and Height Districts of lands
2010. located on the south side of Carnegie
Avenue and the north side of Cedar
The following appeals heard by the NONE between East 100 Street and East
Board on December 21, 2009 were adopt- 106th as shown on the attached map
ed and approved on January 4, 2010. to an Institutional Research Use Dis-
NOTICE OF PUBLIC HEARING trict, a D Area District and a 3
The following appeals were Ap- _____________ Height District (Map Change No. 2290;
proved:
Sheet No. 5 & 9).
Calendar No. 09-240: 7515 Euclid Ave- Notice of Public Hearing
nue By the Council Committee All interested persons are urged
Cleveland Housing Network, owner, On City Planning to be present or to be represented at
and Emerald Alliance V, LP ap- the above time and place.
pealed to construct a 70 unit apart- Mercedes Cotner
ment building in a Midtown Mixed Committee Room 217 Phyllis E. Cleveland
Use District 1. City Hall, Cleveland, Ohio Chair
On Wednesday, January 20, 2010 Committee on City Planning
Calendar No. 09-242: 5705 Franklin 1:00 p.m.
_____
Boulevard
Lynnhaven Development Group, Notice is hereby given to all inter- January 6, 2010 and January 13, 2010
LLC appealed to erect a one-story ested property owners that the
accessory garage on an irregular Council Committee on City Planning
shaped corner parcel in a Two-Fam- will hold a public hearing in the
ily District. Mercedes Cotner Committee Room CITY OF CLEVELAND BIDS
217, City Hall, Cleveland, Ohio, on
Calendar No. 09-246: 3436 Broadview Wednesday, January 20, 2010 at 1:00
Road p.m., to consider the following ordi- NO BIDS
Aqua Santi Builders appealed to nances now pending in the Council:
erect a two-story room addition to a
one-family dwelling in a Multi-Fam- Ord. No. 1112-09.
ily District. By Council Member Zone. ADOPTED RESOLUTIONS
An ordinance changing the Use AND ORDINANCES
The following appeals were De- District of lands on the southwest
nied: corner of West 57th Street and Itha- ____________
ca Court shown shaded on the
Calendar No. 09-243: 11010 Ashbury attached map from Two Family Res- NONE
Avenue idential (2F) to Urban Garden Dis-
Samona Johnson appealed to estab- trict (UGD) (Map Change No. 2287,
lish a Type A day Care use in an exist- Sheet No. 1).
ing dwelling in a Two-Family District. COUNCIL COMMITTEE
Ord. No. 1113-09. MEETINGS
Calendar No. 09-249: 4641 Broadway By Council Member Zone.
Avenue An ordinance to change the Use
Katherine Kirschnick, d.b.a. Finn District of land located on the north-
Caf appealed from a decision of the east corner of Bridge Avenue and NO MEETINGS

Index
OOrdinance; RResolution; FFile
Bold figuresFinal Publication; DDefeated; RReprint; TTabled; VVetoed;
Bold type in sections indicates amendments

Board of Control Community Development Department

Office renovations per Ord. 485-07 to R.W. Clark Company, Inc. Office of Real Estate,
Dept. of Public Service (BOC Res. 582-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Board of Control Finance Department

Sale of scrap, personal property, and by-products in December 2009 per BOC Res. 921-52
(BOC Res. 580-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

13
14 The City Record January 6, 2010
Board of Control Fire Division

Cameras, thermal imaging per Ord. 912-09 to Fire Force Inc. Dept. of Public Safety
(BOC Res. 583-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Board of Control Garrett A. Morgan Water Works Plant

Chemical Facility Project No. 119 per Ord. 649-09 to Shook, Inc. Northern Division
Division of Water, Dept. of Public Utilities (BOC Res. 581-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Board of Control Police Division

Computers, Mobile Data and In-Car Video systems per Ord. 733-09 to Independence
Communications, Inc. Dept. of Public Safety (BOC Res. 584-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Board of Control Public Improvement Contracts

Morgan Water Works Chemical Facility Project No. 119 per Ord. 649-09 to
Shook, Inc. Northern Division Division of Water, Dept. of Public Utilities (BOC Res. 581-09) . . . . . . . . . . . . . 11
Office renovations per Ord. 485-07 to R.W. Clark Company, Inc. Office of Real Estate,
Depts. of Community Development and Public Service (BOC Res. 582-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Board of Control Public Safety Department

Cameras, thermal imaging per Ord. 912-09 to Fire Force Inc. Division of Fire
(BOC Res. 583-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Computers, Mobile Data and In-Car Video systems per Ord. 733-09 to Independence
Communications, Inc. Division of Police (BOC Res. 584-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Board of Control Public Service Department

Office renovations per Ord. 485-07 to R.W. Clark Company, Inc. Office of Real Estate,
Dept. of Community Development (BOC Res. 582-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Board of Control Public Utilities Department

Morgan Water Works Chemical Facility Project No. 119 per Ord. 649-09 to
Shook, Inc. Northern Division Division of Water (BOC Res. 581-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Board of Control Purchases and Supplies Division

Sale of scrap, personal property, and by-products in December 2009 per BOC Res. 921-52
(BOC Res. 580-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Board of Control Real Estate Division

Office renovations per Ord. 485-07 to R.W. Clark Company, Inc. Depts. of Community
Development and Public Service (BOC Res. 582-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Board of Control Requirement Contracts

Cameras, thermal imaging per Ord. 912-09 to Fire Force Inc. Division of Fire, Dept.
of Public Safety (BOC Res. 583-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Computers, Mobile Data and In-Car Video systems per Ord. 733-09 to Independence
Communications, Inc. Division of Police, Dept. of Public Safety (BOC Res. 584-09). . . . . . . . . . . . . . . . . . . . . . 12

Board of Control Water Division

Morgan Water Works Chemical Facility Project No. 119 per Ord. 649-09 to
Shook, Inc. Northern Division Dept. of Public Utilities (BOC Res. 581-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Board of Zoning Appeals Report

Ashbury Avenue, 11010, (Ward 9) Samona Johnson, owner appeal denied and adopted on
1/4/10 (Cal. 09-243). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Broadview Road, 3436, (Ward 15) Aqua Santi Builders, owner appeal granted and adopted
on 1/4/10 (Cal. 09-246) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Broadview Road, 4641, (Ward 5) Katherine Kirschnick, owner appeal denied and adopted
on 1/4/10 (Cal. 09-249) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Euclid Avenue, 7515, (Ward 6) Cleveland Housing Network, owner and Emerald Alliance V,
LP appeal granted and adopted on 10/4/10 (Cal. 09-240) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Franklin Boulevard, 5705, (Ward 17) Lynnhaven Development Group, LLC, owner appeal
granted and adopted on 1/4/10 (Cal. 09-242) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Lee Road, 3902, (Ward 1) John Barnes, Jr., owner appeal postponed to 2/16/10 on
1/4/10 (Cal. 08-54) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

14
January 6, 2010 The City Record 15
Leonard Avenue, 1678, (Ward 13) Mike Hirko, owner, and Chuck Rogers, tenant appeal
postponed to 2/16/10 on 1/4/10 (Cal. 09-244) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Lotus Drive, 18300, (Ward 1) Ervin Simmons, owner, and Janice Talley, tenant appeal
heard on 1/4/10 (Cal. 09-258) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Sandusky Avenue, 10515, (Ward 2) Micah Sanford, owner and Lynette Franklin, tenant
appeal dismissed on 1/4/10 (Cal. 09-177) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Skyview Road, 339, (Ward 15) William Kirchner, owner appeal heard on 1/4/2010
(Cal. 09-215) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Valley Road, 3926, (Ward 15) Valley Road Properties, owner, and Verizon Wireless,
prospective lessee appeal postponed to 2/22/10 on 1/4/10 (Cal. 09-245) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
West 25th Street, 1616, (Ward 13) Ojala Properties, LLC, owner and Wael Ayyad, tenant
appeal postponed to 2/22/10 on 1/4/10 (Cal. 09-218) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
West 25th Street, 1859-65, (Ward 13) Heil Building Inc., owner, and Cleveland Garage
LLC, tenant appeal postponed to 1/25/10 on 1/4/10 (Cal. 09-248) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Board of Zoning Appeals Schedule

Cyril Avenue, 4219, (Ward 14) Burnice Weaver, owner appeal to be heard on 1/19/2010
(Cal. 09-257) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Deise Avenue, 13600, (Ward 10) Northern Lakes Management Company, owner and Northern
Ohio Scrap Service Corporation, lessee, through attorney Craig Miller appeal to
be heard on 1/19/2010 (Cal. 09-247) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
East 109th Street, 450, (Ward 14) Melvin Upshaw, owner, and Bernice Daniels, tenant
appeal to be heard on 1/19/2010 (Cal. 09-265) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
East 118th Street, 1524, (Ward 14) Jordan Real Estate LLC and Emmett Jordan, owner
appeal to be heard on 1/19/2010 (Cal. 09-264) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Fulton Road, 2916, (Ward 14) Olga Rodriquez, owner appeal to be heard on 1/19/2010
(Cal. 09-261) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
West 57th Street, 1464, (Ward 15) Jacqueline Ortiz, owner appeal to be heard on
1/19/2010 (Cal. 09-256) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

City Council

Britt, Patricia J. Clerk of Council, City Clerk Oath of Office (F 5-10). . . . . . . . . . ....... ..... . . . . . . . . . . . . . . . 4
Council Members, 2010-2013 Ward 1 through 19 Oath of Office (F 3-10) . . . . . . . . ....... ..... . . . . . . . . . . . . . . . 3
Franklin, Sandra Clerk of Council Pro Tempore Council Meeting of January 4, 2010 (F 1-10) . . . . . . . . . . . . . . . 3
Rules of Council, 2010-2013 Term (F 6-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... ..... . . . . . . . . . . . . . . . 4
Sweeney, Martin J. oath of office President of Cleveland City Council (F 4-10). ....... ..... . . . . . . . . . . . . . . . 4

Clerk of Council

Britt, Patricia J. Clerk of Council, City Clerk Oath of office (F 5-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4


Franklin, Sandra Clerk of Council Pro Tempore Council Meeting of January 4, 2010 (F 1-10) . . . . . . . . . . . . . . . 3

Communications

Franklin, Sandra Clerk of Council Pro Tempore Council Meeting of January 4, 2010 (F 1-10) . . . . . . . . . . . . . . . 3
Rules of Council, 2010-2013 Term (F 6-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Mayors Office

Jackson, Frank G. oath of office Mayor (F 2-10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Oath of Office

Britt, Patricia J. Clerk of Council, City Clerk Oath of office (F 5-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4


Council Members, 2010-2013 Ward 1 through 19 oath of office (F 3-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Jackson, Frank G. oath of office Mayor (F 2-10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Sweeney, Martin J. oath of office President of Cleveland City Council (F 4-10). . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Zoning

Bridge Ave. (northeast corner) & W. 58th St. Change the Use District
Open Space and Recreation District City Planning Commission (Ward 17)
(O 1113-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Carnegie Ave. (south side) Cedar Ave. (between East 100 St. & East 106th St.)
change Use, Area and Height District City Planning Commission (Ward 06)
(O 1727-09 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Clinton Ave. (northeast corner) & W. 65th St. Change the Use District
Open Space and Recreation District City Planning Commission (Ward 17)
(O 1114-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
West 57th Street (southwest corner) & Ithaca Court Change the Use District
Two Family Residential to Urban Garden District City Planning Commission
(Ward 17) (O 1112-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

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