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Containing PAGE City Council 3 The Calendar 3 Board of Control 3 Civil Service 6 Board of Zoning Appeals 6 Board of Building Standards and Building Appeals 7 Public Notice 9 Public Hearings 9 City of Cleveland Bids 9 Adopted Resolutions and Ordinances 10 Committee Meetings 23 Index 24 The City Record Official Publication of the Council of the City of Cleveland April the Seventh, Two Thousand and Ten Frank G. Jackson Mayor Martin J. Sweeney President of Council Patricia J. Britt City Clerk, Clerk of Council Ward Name 1 Terrell H. Pruitt 2 Zachary Reed 3 Joe Cimperman 4 Kenneth L. Johnson 5 Phyllis E. Cleveland 6 Mamie J. Mitchell 7 TJ Dow 8 Jeffrey D. Johnson 9 Kevin Conwell 10 Eugene R. Miller 11 Michael D. Polensek 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Brian J. Cummins 15 Matthew Zone 16 Jay Westbrook 17 Dona Brady 18 Martin J. Sweeney 19 Martin J. Keane The City Record is available online at www .cle v elandcity council.org Printed on Recycled Paper

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Containing PAGE

City Council 3The Calendar 3Board of Control 3Civil Service 6Board of Zoning Appeals 6Board of Building Standards

and Building Appeals 7Public Notice 9Public Hearings 9City of Cleveland Bids 9Adopted Resolutions

and Ordinances 10Committee Meetings 23Index 24

The City RecordOfficial Publication of the Council of the City of Cleveland

April the Seventh, Two Thousand and Ten

Frank G. JacksonMayor

Martin J. SweeneyPresident of Council

Patricia J. BrittCity Clerk, Clerk of Council

Ward Name

1 Terrell H. Pruitt2 Zachary Reed3 Joe Cimperman4 Kenneth L. Johnson5 Phyllis E. Cleveland6 Mamie J. Mitchell7 TJ Dow8 Jeffrey D. Johnson9 Kevin Conwell

10 Eugene R. Miller11 Michael D. Polensek12 Anthony Brancatelli13 Kevin J. Kelley14 Brian J. Cummins15 Matthew Zone16 Jay Westbrook17 Dona Brady18 Martin J. Sweeney19 Martin J. Keane

The City Record is available online atwww.clevelandcitycouncil.org

Printed on Recycled Paper

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DIRECTORY OF CITY OFFICIALSCITY COUNCIL – LEGISLATIVEPresident of Council – Martin J. Sweeney

Ward Name Residence1 Terrell H. Pruitt ..................................................3877 East 189th Street 441222 Zachary Reed .....................................................3734 East 149th Street 441203 Joe Cimperman..............................................................P.O. Box 91688 441014 Kenneth L. Johnson...............................................2948 Hampton Road 441205 Phyllis E. Cleveland .............................................2369 East 36th Street 441056 Mamie J. Mitchell .................................12701 Shaker Boulevard, #712 441207 TJ Dow ..................................................................7715 Decker Avenue 441038 Jeffrey D. Johnson ..............................................9024 Parkgate Avenue 441089 Kevin Conwell...................................................10647 Ashbury Avenue 44106

10 Eugene R. Miller ...................................................13615 Kelso Avenue 4411011 Michael D. Polensek..............................................17855 Brian Avenue 4411912 Anthony Brancatelli..................................................6924 Ottawa Road 4410513 Kevin J. Kelley ..................................................5904 Parkridge Avenue 4414414 Brian J. Cummins ............................................3104 Mapledale Avenue 4410915 Matthew Zone......................................................1228 West 69th Street 4410216 Jay Westbrook ...................................................1278 West 103rd Street 4410217 Dona Brady ..........................................................1272 West Boulevard 4410218 Martin J. Sweeney.............................................3632 West 133rd Street 4411119 Martin J. Keane......................................................15907 Colletta Lane 44111

City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840First Assistant Clerk — Sandra Franklin

MAYOR – Frank G. JacksonKen Silliman, Secretary to the Mayor, Chief of StaffDarnell Brown, Executive Assistant to the Mayor, Chief Operating OfficerValarie J. McCall, Executive Assistant to the Mayor, Chief of Government AffairsChris Warren, Executive Assistant to the Mayor, Chief of Regional DevelopmentMonyka S. Price, Executive Assistant to the Mayor, Chief of EducationMaureen Harper, Executive Assistant to the Mayor, Chief of CommunicationsAndrea V. Taylor, Executive Assistant to the Mayor, Press SecretaryAndrew Watterson, Executive Assistant to the Mayor, Chief of SustainabilityNatoya J. Walker, Interim Director, Office of Equal Opportunity

DEPT. OF LAW – Robert J. Triozzi, Director, Richard F. Horvath, Chief Corporate Counsel,Thomas J. Kaiser, Chief Trial Counsel, Barbara A. Langhenry, Chief Counsel, Rm. 106________________, Law Librarian, Room 100

DEPT. OF FINANCE – Sharon Dumas, Director, Room 104;Frank Badalamenti, Manager, Internal AuditDIVISIONS: Accounts – Richard W. Sensenbrenner, Commissioner, Room 19Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122City Treasury – ________________, Treasurer, Room 115Financial Reporting and Control – James Gentile, Controller, Room 18Information Technology and Services – Douglas Divish, Commissioner, 205 W. St. Clair

AvenuePurchases and Supplies – James E. Hardy, Commissioner, Room 128Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside AvenueTaxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue

DEPT. OF PUBLIC UTILITIES – Barry A. Withers, Director, 1201 Lakeside AvenueDIVISIONS – 1201 Lakeside AvenueCleveland Public Power – Ivan Henderson, CommissionerStreet Lighting Bureau – ______________, Acting ChiefUtilities Fiscal Control – Dennis Nichols, CommissionerWater – John Christopher Nielson, CommissionerWater Pollution Control – Ollie Shaw, Commissioner

DEPT. OF PORT CONTROL – Ricky D. Smith, DirectorCleveland Hopkins International Airport, 5300 Riverside DriveBurke Lakefront Airport – Khalid Bahhur, CommissionerCleveland Hopkins International Airport – Fred Szabo, Commissioner

DEPT. OF PUBLIC SERVICE – Jomarie Wasik, Director, Room 113DIVISIONS: Architecture – Kurt Wiebusch, Commissioner, Room 517Engineering and Construction – _________, Commissioner, Room 518Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard YardsStreets – Randell T. Scott, Commissioner, Room 25Traffic Engineering – Robert Mavec, Commissioner, 4150 East 49th Street, Building #1Waste Collection and Disposal – Ron Owens, Commissioner, 5600 Carnegie Avenue

DEPT. OF PUBLIC HEALTH – Matt Carroll, Director, Mural Building, 75 Erieview PlazaDIVISIONS: Air Quality – Richard L. Nemeth, CommissionerEnvironment – Willie Bess, Commissioner, Mural Building, 75 Erieview PlazaHealth – Karen K. Butler, Commissioner, Mural Building, 75 Erieview Plaza

DEPT. OF PUBLIC SAFETY – Martin Flask, Director, Room 230DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th StreetCorrection – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd.Emergency Medical Service – Edward Eckart, Commissioner, 1708 South Pointe DriveFire – Paul A. Stubbs, Chief, 1645 Superior AvenuePolice – Michael C. McGrath, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street

DEPT. OF PARKS, RECREATION & PROPERTIES – Michael Cox, DirectorCleveland Convention Center, Clubroom A, 1220 East 6th StreetDIVISIONS: Convention Center & Stadium – James Glending, CommissionerPublic Auditorium, East 6th Street and Lakeside AvenueParking Facilities – Leigh Stevens, CommissionerPublic Auditorium, East 6th Street and Lakeside AvenuePark Maintenance and Properties – Richard L. Silva, CommissionerPublic Auditorium – East 6th Street and Lakeside AvenueProperty Management – Tom Nagle, Commissioner, East 49th Street & HarvardRecreation – Kim Johnson, Commissioner, Room 8Research, Planning & Development – Mark Fallon, Commissioner, 1501 N. Marginal Road

Burke Lakefront Airport

DEPT. OF COMMUNITY DEVELOPMENT – Daryl Rush, Director, 3rd Floor, City HallDIVISIONS: Administrative Services – Terrence Ross, CommissionerNeighborhood Services – Louise V. Jackson, CommissionerNeighborhood Development – Joseph A. Sidoti, Commissioner

DEPT. OF BUILDING AND HOUSING – Edward W. Rybka, Director, Room 500DIVISIONS: Code Enforcement – Tyrone L. Johnson, CommissionerConstruction Permitting – Timothy R. Wolosz, Commissioner

DEPT. OF PERSONNEL AND HUMAN RESOURCES – Nycole D.West, Interim Director, Room121

DEPT. OF ECONOMIC DEVELOPMENT – Tracey A. Nichols, Director, Room 210

DEPT. OF AGING – Jane Fumich, Director, Room 122

DEPT. OF CONSUMER AFFAIRS – John D. Mahone, Interim Director

COMMUNITY RELATIONS BOARD – Room 11, Blaine Griffin, Director; Mayor Frank G.Jackson, Chairman Ex-Officio; Rev. Charles Lucas, Jr., Vice-Chairman; CouncilmanKevin Conwell, Councilman Brian J. Cummins, Councilman Joe Santiago, CouncilmanMatthew Zone, City Council Representatives; Charles L. Patton, Jr., Paula Castleberry,Emmett Saunders, John Banno, Kathryn M. Hall, Evangeline Hardaway, Janet Jankura, GiaHoa Ryan, Rev. Jesse Harris, Magda Gomez, Fred J. Livingstone, Margot James Copeland.

CIVIL SERVICE COMMISSION – Room 119, Reynaldo Galindo, President; Rev. EarlPreston, Vice President; Lucille Ambroz, Secretary; Members: Diane M. Downing,Michael L. Nelson.

SINKING FUND COMMISSION – Frank G. Jackson, President; Council President MartinJ. Sweeney; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director.

BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; JohnMyers, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, _____________, Secretary.

BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F. Denk,Chairman; ____________, Arthur Saunders, Alternate Members – D. Cox, P. Frank, E. P.O’Brien, Richard Pace, J.S. Sullivan.

BOARD OF REVISION OF ASSESSMENTS – Law Director Robert J. Triozzi, President;Finance Director Sharon Dumas, Secretary; Council President Martin J. Sweeney.

BOARD OF SIDEWALK APPEALS – Service Director Jomarie Wasik, Law Director RobertJ. Triozzi; Councilman ______________.

BOARD OF REVIEW – (Municipal Income Tax) – Law Director Robert J. Triozzi; UtilitiesDirector _______________; Council President Martin J. Sweeney.

CITY PLANNING COMMISSION – Room 501 – Robert N. Brown, Director; Anthony J.Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria JeanPinkney, Norman Krumholz, Council Member Phyllis E. Cleveland.

FAIR EMPLOYMENT WAGE BOARD – Room 210 – Gerald Meyer, Chair; Angela Caldwell,Vice Chair; Patrick Gallagher, Kathryn Jackson, Draydean McCaleb, Council Member____________, Ed Romero.

FAIR HOUSING BOARD – Charles See, Chair; Lisa Camacho, Daniel Conway, Robert L.Render, Genesis O. Brown.

HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,VickieEaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, MarciaNolan, David Perkowski, Joan Shaver Washington, Keith Sutton.

CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chairman;Clint Martin, Mark Rivera.

MORAL CLAIMS COMMISSION – Law Director Robert J. Triozzi; Chairman; FinanceDirector Sharon Dumas; Council President Martin J. Sweeney; Councilman KevinKelley.

POLICE REVIEW BOARD – Thomas Jones, Board Chair Person; Vernon Collier, VermelWhalen, Nancy Cronin, Elvin Vauss.

CLEVELAND LANDMARKS COMMISSION – Room 519 – Jennifer Coleman, Chair; LauraM. Bala, Council Member Anthony Brancatelli, Robert N. Brown, Thomas Coffey, AllanDreyer, William Mason, Michael Rastatter, Jr., John Torres, N. Kurt Wiebusch, RobertKeiser, Secretary.

AUDIT COMMITTEE – Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane Down-ing, Donna Sciarappa, Council President Martin J. Sweeney; Law Director Robert J. Triozzi.

CLEVELAND MUNICIPAL COURTJUSTICE CENTER – 1200 ONTARIO STREET

JUDGE COURTROOM ASSIGNMENTSJudge Courtroom

Presiding and Administrative Judge Ronald B. Adrine 15AJudge Marilyn B. Cassidy 12BJudge Emanuella Groves 13AJudge Michelle D. Earley 12AJudge Kathleen Ann Keough 14BJudge Anita Laster Mays 14CJudge Lauren C. Moore 14AJudge Charles L. Patton, Jr. 13DJudge Raymond L. Pianka (Housing Court Judge) 13BJudge Michael John Ryan 12CJudge Angela R. Stokes 15CJudge Pauline H. Tarver 13CJudge Joseph J. Zone 14D

Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, Paul J.Mizerak – Bailiff; Jerome M. Krakowski – Chief Probation Officer, Gregory F. Clifford – ChiefMagistrate

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451

CITY COUNCILMONDAY, APRIL 5, 2010

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 97 WEDNESDAY, APRIL 7, 2010 No. 5026

The City Record

The City RecordPublished weekly by the City Clerk,

Clerk of Council under authority

of the Charter of the

City of Cleveland

The City Record is available

online at

www.clevelandcitycouncil.org

Address all communications to

PATRICIA J. BRITTCity Clerk, Clerk of Council

216 City Hall

PERMANENT SCHEDULE

STANDING COMMITTEES

OF THE COUNCIL

2010-2013

MONDAY — Alternating

9:30 A.M. — Public Parks, Proper-ties, and Recreation Committee: K.Johnson, Chair; Conwell, Vice Chair;Brancatelli, Cimperman, Dow, Polen-sek, Reed.

9:30 A.M. — Health and HumanServices Committee: Cimperman,Chair; J. Johnson, Vice Chair; Con-well, Keane, Kelley, Reed, Zone.

11:00 A.M. — Public Service Com-mittee: Miller, Chair; Cummins, ViceChair; Cleveland, Dow, K. Johnson,Keane, Polensek, Pruitt, Sweeney.

11:00 A.M. — Legislation Commit-tee: Mitchell, Chair; K. Johnson,Vice Chair; Brancatelli, Cimperman,Cleveland, Reed, Sweeney.

MONDAY

2:00 P.M. — Finance Committee:Sweeney, Chair; Kelley, Vice Chair;Brady, Brancatelli, Cleveland, Keane,Miller, Mitchell, Polensek, Pruitt,Westbrook.

TUESDAY

9:30 A.M. — Community and Eco-nomic Development Committee: Bran-catelli, Chair; Dow, Vice Chair; Cim-perman, Cummins, J. Johnson, Miller,Pruitt, Westbrook, Zone.

1:30 P.M. — Employment, Affir-mative Action and Training Com-mittee: Pruitt, Chair; Miller, ViceChair; Cummins, J. Johnson, K.Johnson, Mitchell, Westbrook.

WEDNESDAY — Alternating

10:00 A.M. — Aviation and Trans-portation Committee: Keane, Chair;Pruitt, Vice Chair; Cummins, J.Johnson, K. Johnson, Kelley,Mitchell.

10:00 A.M. — Public Safety Com-mittee: Conwell, Chair; Polensek,Vice Chair; Brady, Cleveland, Cum-mins, Dow, Miller, Mitchell, Zone.

WEDNESDAY — Alternating

1:30 P.M. — Public Utilities Com-mittee: Kelley, Chair; Brady, ViceChair; Conwell, Cummins, Dow,Miller, Polensek, Pruitt, Westbrook.

1:30 P.M. — City Planning Com-mittee: Cleveland, Chair; Westbrook,Vice Chair; Brady, Conwell, Dow,Keane, Zone.

The following Committees aresubject to the Call of the Chair:

Rules Committee: Sweeney, Chair;Cleveland, Keane, Polensek, Pruitt.

Personnel and Operations Commit-tee: Westbrook, Chair; Conwell, K.Johnson, Kelley, Mitchell, Sweeney,Zone.

Mayor’s Appointment Committee:Dow, Chair; Cleveland, Kelley, Mil-ler, Sweeney.

OFFICIAL PROCEEDINGSCITY COUNCIL

______________

NO MEETING

THE CALENDAR

The following measures will be ontheir final passage at the next meet-ing:

NONE

BOARD OF CONTROL

March 31, 2010

The regular meeting of the Boardof Control convened in the Mayor’soffice on Wednesday, March 31, 2010,at 10:30 a.m. with Director Triozzipresiding.

Present: Directors Triozzi, Dumas,Withers, Acting Director Danger-field, Directors Wasik, Carroll,Flask, Cox, Rush, Acting DirectorWest, Directors Nichols, Fumich,Interim Director Mahoney and Direc-tor Rybka.

Absent: Mayor Jackson.Others: James Hardy, Commis-

sioner, Purchases and Supplies.Natoya Walker, Acting Director,

Office of Equal Opportunity.On motions, the following resolu-

tions were adopted, except as maybe otherwise noted:

Resolution No. 123-10.By Director Dumas.Be it resolved by the Board of

Control of the City of Cleveland thatunder the authority of Ordinance No.1017-02, passed ~by the Council ofthe City of Cleveland on June 17,2002, as amended by Ordinance No.104-04 passed January 26, 2004, Net-work Data Systems, Inc. is selectedfrom a list of firms determined aftera full and complete canvass by theDirector of Finance on behalf of theCleveland Municipal Court, as thefirm to be employed by contract toprovide professional services, soft-ware, hardware, maintenance, solu-tion design, training and installa-tion necessary to upgrade the CourtsInteractive Voice Response (IVR)system.

Be it further resolved that theDirector of Finance, on behalf of theCleveland Municipal Court, is autho-rized to enter into contract with Net-work Data Systems, Inc. based onits proposal dated January 27, 2010,which contract shall be prepared bythe Director of Law, shall providefor the furnishing ~of professionalservices, software, hardware, main-tenance, solution design, ~trainingand installation as contained in theproposal for an aggregate fee of$171,582.37, and shall contain suchadditional provisions as the Directorof Law deems necessary to protectand benefit the public interest.

Yeas: Directors Triozzi, Dumas,Withers, Acting Director Danger-field, Directors Wasik, Carroll,Flask, Cox, Rush, Acting DirectorWest, Directors Nichols, Fumich,Interim Director Mahoney and Direc-tor Rybka.

Nays: None.Absent: Mayor Jackson.

Resolution No. 124-10.By Director Smith.Whereas, as a result of the

Director’s Determination in the mat-ter of Drake Aerial Enterprises, LLCd/b/a Air America Aerial Ads andJames Miller versus City of Cleve-land, Docket No. 16-09-02, the Citymust allow banner towing opera-tions at Burke Lakefront Airport,subject to all the terms and condi-tions contained in the Director’sDetermination and all rules and reg-ulations governing banner towingpromulgated by the Director of PortControl; and

Whereas, Drake Aerial Enterprises,LLC d/b/a Air America Aerial Ads(“Drake Aerial”) wishes to utilizethe airfield facilities at Burke Lake-front Airport to conduct banner tow-ing operations between April 1, 2010and September 30, 2010; and

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Whereas, the City is willing togrant Drake Aerial the privilege,permit and license to utilize the air-field facilities at Burke LakefrontAirport for banner towing opera-tions subject to subject to all theterms and conditions contained inthe Director’s Determination and allrules and regulations governingbanner towing promulgated by theDirector of Port Control; now, there-fore,

Be it resolved by the Board ofControl of the City of Cleveland thatunder Section 183.04 of the CodifiedOrdinances of Cleveland, Ohio 1976,the Director of Port Control isauthorized to enter into an agree-ment (“Agreement”) granting DrakeAerial the privilege, permit andlicense to utilize the airfield facili-ties at Burke Lakefront Airport forbanner towing operations betweenApril 1, 2010 and September 30, 2010,subject to all the terms and condi-tions contained in the Director’sDetermination and all rules and reg-ulations governing banner towingpromulgated by the Director of PortControl. The number of days onwhich banner towing operations maybe conducted shall not exceed sixtydays. Drake Aerial shall pay theCity a fee of $20.00 a day for eachbanner and shall be responsible forany applicable taxes due any taxingauthorities in connection with itsbanner towing operation.

Be it further resolved that theAgreement authorized hereby shallbe prepared by the Director of Lawand shall contain such other provi-sions, as the Director deems neces-sary to benefit and protect the pub-lic interest.

Yeas: Directors Triozzi, Dumas,Withers, Acting Director Danger-field, Directors Wasik, Carroll,Flask, Cox, Rush, Acting DirectorWest, Directors Nichols, Fumich,Interim Director Mahoney and Direc-tor Rybka.

Nays: None.Absent: Mayor Jackson.

Resolution No. 125-10.By Director Wasik.Be it resolved by the Board of

Control of the City of Cleveland,that the bid of Terrace ConstructionCompany, Inc. for the public im-provement of the Kamm’s CornersStreetscape, Phase 3, Bid Item Nos.1-158, for the Division of Engineer-ing and Construction, Department ofPublic Service, received on March 4,2010, under the authority of Ordi-nance No. 2457-02, passed by theCleveland City Council March 10,2003, and Ordinance No. 319-09,passed by the Cleveland City Coun-cil March 16, 2009, as amended byOrdinance No. 1786-09, passed Decem-ber 7, 2009 and Ordinance No. 367-10,passed March 22, 2010, upon a unitbasis for the improvement, in theaggregate amount of $1,109,086.50, isaffirmed and approved as the low-est responsible bid, and the Directorof Public Service is authorized toenter into contract for the improve-ment with the bidder.

Yeas: None.Nays: Directors Triozzi, Dumas,

Withers, Acting Director Danger-field, Directors Wasik, Carroll,Flask, Cox, Rush, Acting Director

West, Directors Nichols, Fumich,Interim Director Mahoney and Direc-tor Rybka.

Absent: Mayor Jackson.

Resolution No. 126-10.By Director Cox.Whereas, Board of Control Reso-

lution No. 467-09, adopted October 21,2009, authorized the Director ofParks, Recreation and Properties toenter into requirement contract withSchindler Elevator Corporation in anestimated amount of $138,432.00, forthe Division of Property Manage-ment, Department of Parks, Recre-ation and Properties; and

Whereas, Resolution No. 467-09 in-correctly stated the amount of theinitial purchase amount to be certi-fied against the contract; now, there-fore,

Be it resolved by the Board ofControl of the City of Cleveland thatResolution No. 467-09, adopted bythis Board on October 21, 2009, ap-proving the bid of Schindler Eleva-tor Corporation as lowest and bestfor an estimated quantity of eleva-tor maintenance and repair in theamount of $138,432.00 is amended bysubstituting “$12,088,00, which shallbe certified against the contract,”for “the contact the following: Req-uisition No. 194555 which shall becertified against the contract in thesum of $50,000.00,” where appearing.

Be it further resolved that allother terms of Resolution No. 467-09not expressly amended above shallremain unchanged and in full forceand effect.

Yeas: None.Nays: Directors Triozzi, Dumas,

Withers, Acting Director Danger-field, Directors Wasik, Carroll,Flask, Cox, Rush, Acting DirectorWest, Directors Nichols, Fumich,Interim Director Mahoney and Direc-tor Rybka.

Absent: Mayor Jackson.

Resolution No. 127-10.By Director Cox.Be it resolved by the Board of

Control of the City of Cleveland thatthe bid of Schalmo Builders, Inc., forthe public improvement of the Rob-erto Clemente Park concession build-ing, base bid and alternate 1, for theDepartment of Parks, Recreationand Properties, received on Febru-ary 25, 2010, under the authority ofOrdinance No. 1513-05, passed Octo-ber 17, 2005, and Ordinance No. 451-08, passed on June 9, 2008 by theCleveland City Council, for a grossprice for the improvement in theaggregate amount of $88,950, is af-firmed and approved as the lowestresponsible bidder, and the Directorof Parks, Recreation and Propertiesis authorized to enter into a contractfor the improvement with the bid-der.

Be it further resolved, by the Boardof Control of the City of Clevelandthat the employment of the follow-ing subcontractors by Schalmo Build-ers, Inc., is approved:

Subcontractor AmountMBE/FBE Percentage

VIP RestorationCSB $12,995.00

14.609%

Work Best ElectricCSB/FBE $14,800.00

16.639%

Tony’s Painting $ 2,200.002.473%

Holmes Lumber $ 2,582.002.903%

Kyler Excavating Inc. $ 3,320.003.732%

Carr Brothers $ 1,800.002.023%

Davidson Concrete $ 4,002.004.499%

Flatridge Builders $ 1,900.002.136%

Yeas: Directors Triozzi, Dumas,Withers, Acting Director Danger-field, Directors Wasik, Carroll,Flask, Cox, Rush, Acting DirectorWest, Directors Nichols, Fumich,Interim Director Mahoney and Direc-tor Rybka.

Nays: None.Absent: Mayor Jackson.

Resolution No. 128-10.By Director Rush.Be it resolved by the Board of

Control of the City of Cleveland,that the bid of the Great Lakes Con-struction Company, for the publicimprovement of Land Bank Lot #92,located at 3542 East 71st Street, allitems, for the Department of Com-munity Development, received onMarch 5, 2010, under the authority ofOrdinance No. 1377-09, passed by theCleveland City Council on October12, 2009, upon a gross price for theimprovement in the aggregateamount of $257,299.38, is affirmedand approved as the lowest respon-sible bid, and the Director of Com-munity Development is authorizedto enter into contract for the im-provement with the bidder.

Be it further resolved, by theBoard of Control of the City ofCleveland that the employment ofthe following subcontractor by GreatLakes Construction Co., is approved:

Sub Contactor AmountCSB/MBE/FBE Percentage

Granger Trucking $79,000.00CSB/MBE 30.704%

Yeas: Directors Triozzi, Dumas,Withers, Acting Director Danger-field, Directors Wasik, Carroll,Flask, Cox, Rush, Acting DirectorWest, Directors Nichols, Fumich,Interim Director Mahoney and Direc-tor Rybka.

Nays: None.Absent: Mayor Jackson.

Resolution No. 129-10.By Director Rush.Whereas, under the authority of

Ordinance No. 2076-76, passed October25, 1976, the City is conducting aLand Reutilization Program accord-ing to the provisions of Chapter 5722of the Ohio Revised Code; and

Whereas, Section 183.024, CodifiedOrdinances of Cleveland, Ohio, 1976,authorizes the Commissioner of Pur-chases and Supplies to acquire cer-tain properties owned by the Depart-

4 The City Record April 7, 2010

452

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ment of Housing and Urban Devel-opment (HUD) and Fannie Mae,each for a price determined as FairMarket Value, as part of the LandReutilization Program; and

Whereas, under the authority ofSection 183.024, the City has ac-quired Permanent Parcel No. 113-26-066, located at 1108 East 174th Streetfrom HUD; and

Whereas, Collinwood NottinghamVillages Development Corporation hasproposed to the City to purchase theproperty for rehabilitation and/orredevelopment; and

Whereas, Section 183.024 autho-rizes the Commissioner of Purchas-es and Supplies, when directed bythe Director of Community Develop-ment, and with the prior writtenconsent of the Council member(s) inwhose ward the property acquiredfrom HUD or Fannie Mae to be soldis located, to convey the property topurchasers for the public purpose ofrehabilitation and/or resale for con-sideration established by the Boardof Control at not less than fair mar-ket value; now, therefore,

Be it resolved by the Board ofControl of the City of Cleveland thatunder the authority of Section 183.024,Codified Ordinances of Cleveland,Ohio, 1976, the consideration for thesale of Permanent Parcel No. 113-26-066 to Collinwood Nottingham Vil-lages Development Corporation isestablished as $375.00, which amountis determined to be not less thanfair market value taking into ac-count such terms and conditions,restrictions and covenants as aredeemed necessary or appropriate.

Yeas: Directors Triozzi, Dumas,Withers, Acting Director Danger-field, Directors Wasik, Carroll,Flask, Cox, Rush, Acting DirectorWest, Directors Nichols, Fumich,Interim Director Mahoney and Direc-tor Rybka.

Nays: None.Absent: Mayor Jackson.

Resolution No. 130-10.By Director Rush.Whereas, under the authority of

Ordinance No. 2076-76, passed October25, 1976, the City is conducting aLand Reutilization Program accord-ing to the provisions of Chapter 5722of the Ohio Revised Code; and

Whereas, City has acquired Per-manent Parcel Nos. 103-22-005, 103-22-006, 103-22-009, 103-22-035, 103-22-037,103-22-039, 103-22-066, 103-22-068, 103-22-070, 103-22-087, 103-22-100, 103-22-106,103-22-108, 103-22-136, 103-22-153, 103-22-154 and 103-22-169, located at scat-tered sites under the Land Reuti-lization Program; and

Whereas, Ordinance No. 269-10,passed March 8, 2010, authorized thesale of the parcels for a considera-tion established by the Board ofControl at not less than the FairMarket Value; and

Whereas, St. John’s West FamilyHomes, LP. has proposed to the Cityto purchase and develop the parcelsfor scattered housing; now, there-fore,

Be it resolved by the Board ofControl of the City of Cleveland thatunder the authority of Ordinance No.269-10, passed March 8, 2010 by theCleveland City Council, the Mayor isauthorized to execute an officialdeed for and on behalf of the City

of Cleveland with St. John’s WestFamily Homes, L.P. for the sale anddevelopment of Permanent ParcelNos. 103-22-005, 103-22-006, 103-22-009,103-22-035, 103-22-037, 103-22-039, 103-22-066, 103-22-068, 103-22-070, 103-22-087,103-22-100, 103-22-106, 103-22-108, 103-22-136, 103-22-153, 103-22-154 and 103-22-169, as described in the Ordinanceaccording to the Land ReutilizationProgram in such manner as best car-ries out the intent of the program.

Be it further resolved that the con-sideration for the parcels shall be$100.00 each, which amount is deter-mined to be not less than the fairmarket value of the parcels for usesaccording to the Land ReutilizationProgram.

Yeas: Directors Triozzi, Dumas,Withers, Acting Director Danger-field, Directors Wasik, Carroll,Flask, Cox, Rush, Acting DirectorWest, Directors Nichols, Fumich,Interim Director Mahoney and Direc-tor Rybka.

Nays: None.Absent: Mayor Jackson.

Resolution No. 131-10.By Director Rush.Whereas, under the authority of

Ordinance No. 2076-76, passed October25, 1976, the City is conducting aLand Reutilization Program accord-ing to the provisions of Chapter 5722of the Ohio Revised Code; and

Whereas, City has acquired Per-manent Parcel Nos. 110-11-004 and110-11-040, located at Thornhill Driveand Eddy Road under the LandReutilization Program; and

Whereas, Ordinance No. 1553-09,passed March 8, 2010, authorized thesale of the parcels for a considera-tion established by the Board ofControl at not less than the FairMarket Value; and

Whereas, Greater Friendship Bap-tist Church has proposed to the Cityto purchase and develop the parcelsfor parking lot; now, therefore,

Be it resolved by the Board ofControl of the City of Clevelandthat, under the authority of Ordi-nance No. 1553-09, passed March 8,2010 by the Cleveland City Council,the Mayor is authorized to executean official deed for and on behalf ofthe City of Cleveland with GreaterFriendship Baptist Church for thesate and development of PermanentParcel Nos. 110-11-004 and 110-11-040,as described in the Ordinance ac-cording to the Land ReutilizationProgram in such manner as best car-ries out the intent of the program.

Be it further resolved that the con-sideration for the parcels shall be$100.00 each, which amount is deter-mined to be not less than the fairmarket value of the parcels for usesaccording to the Land ReutilizationProgram.

Yeas: Directors Triozzi, Dumas,Withers, Acting Director Danger-field, Directors Wasik, Carroll,Flask, Cox, Rush, Acting DirectorWest, Directors Nichols, Fumich,Interim Director Mahoney and Direc-tor Rybka.

Nays: None.Absent: Mayor Jackson.

Resolution No. 132-10.By Director Rush.Whereas, under the authority of

Ordinance No. 2076-76, passed October25, 1976, the City is conducting a

Land Reutilization Program accord-ing to the provisions of Chapter 5722of the Ohio Revised Code; and

Whereas, City has acquired Per-manent Parcel Nos. 138-13-008, 138-13-009, 138-13-010, 138-13-011, 138-13-013and 138-13-080, located at southwestcorner of East 119th and Miles Ave-nue under the Land ReutilizationProgram; and

Whereas, Ordinance No. 271-10,passed March 8, 2010, authorized thesale of the parcels for a considera-tion established by the Board ofControl at not less than the FairMarket Value; and

Whereas, Union Miles Develop-ment Corporation has proposed tothe City to purchase and develop theparcels for senior housing; now,therefore,

Be it resolved by the Board ofControl of the City of Clevelandthat, under the authority of Ordi-nance No. 271-10, passed March 8,2010 by the Cleveland City Council,the Mayor is authorized to executean official deed for and on behalf ofthe City of Cleveland with UnionMiles Development Corporation forthe sale and development of Perma-nent Parcel Nos. 138-13-008, 138-13-009, 138-13-010, 138-13-011, 138-13-013and 138-13-080, as described in theOrdinance according to the LandReutilization Program in such man-ner as best carries out the intent ofthe program.

Be it further resolved that the con-sideration for the parcels shall be$100.00 each, which amount is deter-mined to be not less than the fairmarket value of the parcels for usesaccording to the Land ReutilizationProgram.

Yeas: Directors Triozzi, Dumas,Withers, Acting Director Danger-field, Directors Wasik, Carroll,Flask, Cox, Rush, Acting DirectorWest, Directors Nichols, Fumich,Interim Director Mahoney and Direc-tor Rybka.

Nays: None.Absent: Mayor Jackson.

Resolution No. 133-10.By Director Rush.Whereas, under the authority of

Ordinance No. 2076-76, passed October25, 1976, the City is conducting aLand Reutilization Program (“Pro-gram”) according to the provisions ofChapter 5722 of the Ohio RevisedCode; and

Whereas, under the Program, theCity has acquired Permanent ParcelNo. 135-14-005 located at 3673 East108th St. Clair Avenue in Ward 2; and

Whereas, Section 183.021 of theCodified Ordinances of Cleveland,Ohio 1976 authorizes the Commis-sioner of Purchases and Supplies,when directed by the Director ofCommunity Development and whencertain specified conditions have beenmet, to sell Land Reutilization Pro-gram parcels to adjacent or abuttinglandowners; and

Whereas, Mickey Twymon and MaryTwymon, abutting/adjacent land own-ers, have proposed to the City to pur-chase and develop the parcel foryard expansion; and

Whereas, the following conditionsexist:

1. The member of Council fromWard 2 has consented to the pro-posed sale;

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2. The parcel is either less than4,900 square feet or less than 40 feetfrontage;

3. The proposed purchasers of theparcel are neither tax delinquentnor in violation of the Building andHousing Code; now, therefore,

Be it resolved by the Board ofControl of the City of Cleveland thatunder Section 183.021 of CodifiedOrdinances of Cleveland, Ohio 1976,the Commissioner of Purchases andSupplies is authorized, when direct-ed by the Director of CommunityDevelopment, and the Mayor is re-quested to execute an Official Deedfor and on behalf of the City ofCleveland, with Mickey Twymonand Mary Twymon for the sale anddevelopment of Permanent ParcelNo. 135-14-005 located at 3673 East108th St. Clair, according to theLand Reutilization Program in suchmanner as best carries out theintent of the program.

Be it further resolved that the con-sideration for said parcel shall be$1.00, which amount is determined tobe not less than the Fair Marketvalue of said parcel for uses accord-ing to the Program.

Yeas: Directors Triozzi, Dumas,Withers, Acting Director Danger-field, Directors Wasik, Carroll,Flask, Cox, Rush, Acting DirectorWest, Directors Nichols, Fumich,Interim Director Mahoney and Direc-tor Rybka.

Nays: None.Absent: Mayor Jackson.

Resolution No. 134-10.By Director Wasik.Be it resolved by the Board of

Control of the City of Cleveland thatall bids received for the public im-provement of the Kamm’s CornersStreetscape, Phase 3, for Division ofEngineering and Construction, Depart-ment of Public Service, on March 4,2010, under the authority of Ordi-nance No. 2457-02, passed by theCleveland City Council on March 10,2003, and Ordinance No. 319-09,passed by the Cleveland City Coun-cil on March 16, 2009, as amended byOrdinance No. 1159-09, passed by theCleveland City Council on August 5,2009, Ordinance No. 1786-09, passedby the Cleveland City Council onAugust 5, 2009, and Ordinance No.367-10, passed by the Cleveland CityCouncil on March 22, 2010, are reject-ed.

Yeas: Directors Triozzi, Dumas,Withers, Acting Director Danger-field, Directors Wasik, Carroll,Flask, Cox, Rush, Acting DirectorWest, Directors Nichols, Fumich,Interim Director Mahoney and Direc-tor Rybka.

Nays: None.Absent: Mayor Jackson.

JEFFREY B. MARKS,Secretary

CIVIL SERVICE NOTICES____________

General InformationApplication blanks and informa-

tion, regarding minimum entrancequalifications, scope of examination,and suggested reference materialsmay be obtained at the office of theCivil Service Commission, Room 119,

City Hall, East 6th Street, and Lake-side Avenue.

Application blanks must be prop-erly filled out on the official formprescribed by the Civil Service Com-mission and filed at the office of thecommission not later than the finalclosing date slated in the examina-tion announcement.

EXAMINATION RESULTS: Eachapplicant whether passing or failingwill be notified of the results of theexamination as soon as the commis-sion has graded the papers. There-after, eligible lists will be estab-lished which will consist of thenames of those candidates who havebeen successful in all parts of theexamination.

PHYSICAL EXAMINATION: Allcandidates for original entrance po-sitions who are successful in otherparts of the examinations must sub-mit to a physical examination.

REYNALDO GALINDO,President

SCHEDULE OF THE BOARD

OF ZONING APPEALS

MONDAY, APRIL 19, 2010

9:30 A.M.

Calendar No. 10-34: 16569 St. ClairAvenue (Ward 11)

Calabrese Cement & Masonry Con-tractor, Inc., owner, and UtilitiesEquipment & Supply Company, les-see, appeal to construct an officeshed and use for a composting facil-ity on acreage located in Semi-Industry and General Industry Dis-tricts; subject to the limitations ofSections 345.03 and 345.04(c)(2)()G)the use for composting (fertilizermanufacturing from phosphates ororganic matter) is not permitted andfirst allowed in an Unrestricted In-dustry District in accordance withSection 345.05 and separate permitsare required for signage and fenceconstruction pursuant to Section327.02(b) of the Cleveland CodifiedOrdinances.

Calendar No. 10-37: 4914 Old GraytonRoad (Ward 18)

Canal Road Partners, owner, andClear Channel Outdoor, lessee, ap-peal to replace an existing 48' by14' east facing billboard panel of aback-to-back billboard sign with achangeable copy, digital electronicdisplay of the same size, on acreagelocated in a General Industry Dis-trict; and a new or reconstructedbillboard may incorporate automaticchangeable copy only if such copyis limited to a single billboard panelor two back-to-back billboard pan-els, and only if each such panelreplaces two or more billboard pan-els on a single parcel of property ortwo or more billboard panels onadjacent properties. The replace-ment billboard panel shall not belarger than any of the billboardpanel it is replacing and in theinstance of a sign utilizing change-able copy, each message shallremain fixed for at least eight (8)

seconds, according to the provisionsin Section 350.10(l)(5) of the Cleve-land Codified Ordinances.

Calendar No. 10-38: 17570 LakeshoreBoulevard (Ward 11)

CMR Properties, owner, and LarryJackson, lessee, appeal to changeuse from a store to a barbershop thefirst floor space of a two-story, brickstores and suites building on a 50'x 220.83' parcel in a Multi-FamilyDistrict; in excess of the residencelimitations of Section 337.08 andfirst permitted in a Local RetailBusiness District; and subject to thelimitations of Section 359.01(a), nosubstitution nor other change of anexisting nonconforming use shall bepermitted except as a varianceunder the terms of Chapter 329,except by special permit from theBoard of Zoning Appeals. Such spe-cial permit may be issued only if theBoard finds after public hearingthat such change is no more harm-ful or objectionable than the previ-ous nonconforming use in floor orother space occupied, in volume oftrade or production, in kind of goodssold or produced, in daily hours orother period of use, in the type ornumber of persons to occupy or beattracted to the premises or in anyother characteristic of the new useas compared with the previous use,according to Cleveland CodifiedOrdinances.

Calendar No. 10-41: 13835 LorainAvenue (Ward 18)

Jesse Adkins dba Fat BoysSports Bar, Inc. appeals under theauthority of Section 76-6 of theCharter of the City of Clevelandfrom the recommendation of thePublic Safety Department to disap-prove an application for a MusicLicense for the premises at 13835Lorain Avenue, as stated in thenotice issued February 10, 2010from the Cleveland Division ofAssessments and Licenses.

Secretary

REPORT OF THE BOARD

OF ZONING APPEALS

TUESDAY, APRIL 6, 2010

At the meeting of the Board ofZoning Appeals on Tuesday, April 6,2010, the following appeals wereheard by the Board.

The following appeals were Ap-proved:

Calendar No. 10-29: 12200 MayfieldRoad

Roseanne Passalacqua appealedto change use from a retail bakeryto a restaurant in an existing three-story building in a General RetailBusiness District; subject to condi-tion.

Calendar No. 10-33: 9509 Lake Ave-nue

St. Thomas Lutheran Church ap-pealed to erect a 5' x 8' doublefaced illuminated ground sign at thefront of a church building in a One-Family District; subject to condi-tions.

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Calendar No. 10-35: 5702 FranklinBoulevard

Lynnhaven Development GroupLLC appealed to erect a one-storyframe, attached garage to a onefamily dwelling in a Two-FamilyDistrict.

The following appeal was With-drawn:

None.

The following appeal was Post-poned:

None.

The following appeal was Dis-missed:

None.

The following appeals heard bythe Board on March 29, 2010 wereadopted and approved on April 6,2010.

The following appeals were Ap-proved:

Calendar No. 10-25: 6410-13 LorainAvenue

Sue Papadopoulos, owner, andGreenwich Village Real Estate LLCappealed to establish use of abar/restaurant to accommodate enter-tainment in a two-story mixed build-ing in a Local Retail Business dis-trict; subject to conditions.

Calendar No. 10-28: 2000-2030 East9th Street

Schofield Properties LLC andEuclid-Ninth Investors LLC appealedto change a 14-story building fromoffice to restaurant, hotel and apart-ments in General Retail BusinessDistrict.

The following appeal was Denied:

Calendar No. 10-30: 1184 East 81stStreet

Te’aira Cunningham appealed toexpand use of a single family dwel-ling to include a day care in a Two-Family District.

Secretary

REPORT OF THE BOARD

OF BUILDING STANDARDS

AND BUILDING APPEALS

Re: Report of the Meeting ofMarch 17, 2010

As required by the provisions ofSection 3103.20(2) of the CodifiedOrdinances of the City of Cleveland,Ohio 1976, the following brief ofaction of the subject meeting isgiven for publication in The CityRecord:

* * *

Docket A-336-09.RE: Appeal of Scott D. Simpkins,

Owner of the One Dwelling UnitSingle Family Residence Two andOne/half Story Frame Propertylocated on the premises known as1331 West 112th Street from a

NOTICE OF VIOLATION — EXTE-RIOR MAINTENANCE, dated August27, 2009 of the Director of theDepartment of Building and Hous-ing, requiring compliance with theCodified Ordinances of the City ofCleveland and the Ohio BuildingCode (OBC).

BE IT RESOLVED, a motion is inorder at this time to grant theAppellant two (2) months in whichto repair the fence and accommodatethe tree in the manner suitable toboth parties. The property is RE-MANDED at this time to the Depart-ment of Building and Housing forsupervision and any required fur-ther action. Motion so in order.Motioned Mr. Saunders and second-ed by Mr. Bradley.

Yeas: Messrs. Denk, Saunders,Bradley, Sullivan. Not Voting: None.Absent: Messrs. Saab, Gallagher.

* * *

Docket A-345-09.RE: Appeal of Green Apple Prop-

erties LLC, Owner of the TwoDwelling Units Two-Family Resi-dence Two and One/half StoryFrame Property located on thepremises known as 1901 RowleyAvenue from a CONDEMNATIONORDER — MAIN STRUCTURE,dated August 31, 2009 of the Direc-tor of the Department of Buildingand Housing, requiring compliancewith the Codified Ordinances of theCity of Cleveland and the OhioBuilding Code (OBC).

BE IT RESOLVED, a motion is inorder at this time to DENY theappeal and to REMAND the proper-ty to the Department of Buildingand Housing for supervision andany required further action, notingthe inaction and the lack of repre-sentation of the Appellant and thecondition of the property represent-ed by the photographs. Motion so inorder. Motioned by Mr. Sullivan andseconded by Mr. Bradley.

Yeas: Messrs. Denk, Saunders,Bradley, Sullivan. Not Voting: None.Absent: Messrs. Saab, Gallagher.

* * *

Docket A-346-09.RE: Appeal of West Bethel Baptist

Church, Owner of the One DwellingUnit Single Family Residence ThreeStory Wood Frame/Siding/MasonryVeneer Property located on thepremises known as 2900 Indepen-dence Road from a NOTICE OF VIO-LATION — EXTERIOR MAINTE-NANCE, dated September 4, 2009 ofthe Director of the Department ofBuilding and Housing, requiring com-pliance with the Codified Ordinancesof the City of Cleveland and the OhioBuilding Code (OBC).

BE IT RESOLVED, a motion is inorder at this time to grant theAppellant six (6) months in whichto complete abatement of the viola-tions. The property is REMANDEDat this time to the Department ofBuilding and Housing for supervi-sion and any required furtheraction. Motion so in order. Motionedby Mr. Sullivan and seconded by Mr.Bradley.

Yeas: Messrs. Denk, Saunders,Bradley, Sullivan. Not Voting: None.Absent: Messrs. Saab, Gallagher.

Docket A-355-09.RE: Appeal of Mile Brkic, Owner

of the B Business — Offices, Labo-ratories, Adult School One StoryMasonry Walls/Wood Floors Prop-erty located on the premises knownas 631 East 152nd Street from aNOTICE OF VIOLATION — UN-AUTHORIZED / ILLEGAL USE, datedSeptember 23, 2009 of the Director ofthe Department of Building andHousing, requiring compliance withthe Codified Ordinances of the Cityof Cleveland and the Ohio BuildingCode (OBC).

BE IT RESOLVED, a motion is inorder at this time to DENY theappeal and to REMAND the proper-ty at 631 East 152nd Street to theDepartment of Building and Hous-ing for supervision and any requiredfurther action, noting the absence ofthe Appellant. Motion so in order.Motioned by Mr. Bradley and sec-onded by Mr. Sullivan.

Yeas: Messrs. Denk, Saunders,Bradley, Sullivan. Not Voting: None.Absent: Messrs. Saab, Gallagher.

* * *

Docket A-356-09.RE: Appeal of Scott E. Hufford,

Owner of the One Dwelling UnitSingle Family Residence Two StoryFrame Property located on thepremises known as 2962 East 61stStreet from a CONDEMNATIONORDER — MAIN STRUCTURE,dated July 28, 2009 of the Directorof the Department of Building andHousing requiring compliance withthe Codified Ordinances of the Cityof Cleveland and the Ohio BuildingCode (OBC).

BE IT RESOLVED, a motion is inorder at this time to REMAND theproperty to the Department of Build-ing and housing for supervision andany required further action; denyingthe appeal for six (6) months addi-tional time to abate the violations,noting that the Appellant has notappeared, that permits were takenout in September of 2009 and that nowork has apparently been done tothe property. Motion so in order.Motioned by Mr. Bradley and sec-onded by Mr. Sullivan.

Yeas: Messrs. Denk, Saunders,Bradley, Sullivan. Not Voting: None.Absent: Messrs. Saab, Gallagher.

* * *

Docket A-357-09.RE: Appeal of David Sharkey &

Keith Brown, Owners of the OneDwelling Unit Single Family Resi-dence Two and One/half StoryFrame Property located on thepremises known as 2705 MarvinAvenue from a CONDEMNATIONORDER — MAIN STRUCTURE,dated September 22, 2009 of theDirector of the Department of Build-ing and Housing requiring compli-ance with the Codified Ordinancesof the City of Cleveland and theOhio Building Code (OBC).

Docket A-357-09 has been WITH-DRAWN at the request of the Appel-lant.

* * *

Docket A-358-09.RE: Appeal of Valerie A. Corbo,

Owner of the Two Dwelling UnitsTwo-Family Residence Two and

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One/half Story Frame Propertylocated on the premises known as1898 East 120th Street from aNOTICE OF VIOLATION — EXTE-RIOR MAINTENANCE, dated August21, 2009 of the Director of theDepartment of Building and Hous-ing, requiring compliance with theCodified Ordinances of the City ofCleveland and the Ohio BuildingCode (OBC).

BE IT RESOLVED, a motion is inorder at this time to grant the Appel-lant six (6) months in which to com-plete abatement of the violations.The property is REMANDED at thistime to the Department of Buildingand Housing for supervision and anyrequired further action. Motion so inorder. Motioned by Mr. Bradley andseconded by Mr. Sullivan.

Yeas: Messrs. Denk, Saunders,Bradley, Sullivan. Not Voting: None.Absent: Messrs. Saab, Gallagher.

* * *

Docket A-359-09.RE: Appeal of Linda & Terry

Moore, Owner of the Two DwellingUnits Two-Family Residence GarageProperty located on the premisesknown as 4467 Douse Avenue froma 30 DAY CONDEMNATION ORDER,dated January 14, 2008, of the Direc-tor of the Department of Buildingand Housing, requiring compliancewith the Codified Ordinances of theCity of Cleveland and the OhioBuilding Code (OBC).

BE IT RESOLVED, a motion is inorder at this time to REMAND theproperty to the Department of Build-ing and Housing for supervision andany required further action, denyingthe appeal, noting that the Appel-lants was not present, and that theappeal was quite late. Motion so inorder. Motioned by Mr. Bradley andseconded by Mr. Saunders.

Yeas: Messrs. Denk, Saunders,Bradley, Sullivan. Not Voting: None.Absent: Messrs. Saab, Gallagher.

* * *

Docket A-361-09.RE: Appeal of Valerie Siggers,

Owner of the Two Dwelling UnitsTwo-Family Residence Two andOne/half Story Frame Propertylocated on the premises known as9516 Easton Avenue from a CON-DEMNATION ORDER — MAINSTRUCTURE, dated April 7, 2009 ofthe Director of the Department ofBuilding and Housing, requiringcompliance with the Codified Ordi-nances of the City of Cleveland andthe Ohio Building Code (OBC).

BE IT RESOLVED, a motion is inorder at this time to grant the Appel-lant four (4) months in which to com-plete abatement of the violations. Theproperty is REMANDED at this timeto the Department of Building andHousing for supervision and anyrequired further action. Motion so inorder. Motioned by Mr. Saunders andseconded by Mr. Sullivan.

Yeas: Messrs. Denk, Saunders,Bradley, Sullivan. Not Voting: None.Absent: Messrs. Saab, Gallagher.

* * *

Docket A-362-09.RE: Appeal of 6820 Euclid Ltd.,

LLC, Owner of the MXD Mixed Uses— Multiple Uses In One Building

Two Story Masonry Property locat-ed on the premises known as 6806Euclid Avenue from a CONDEMNA-TION ORDER — MAIN STRUC-TURE, dated September 23, 2009 ofthe Director of the Department ofBuilding and Housing, requiringcompliance with the Codified Ordi-nances of the City of Cleveland andthe Ohio Building Code (OBC).

BE IT RESOLVED, a motion is inorder at this time to DENY theappeal and to REMAND the proper-ty to the Department of Buildingand Housing for supervision andany required further action. Motionso in order. Motioned by Mr. Saun-ders and seconded by Mr. Bradley.

Yeas: Messrs. Denk, Saunders,Bradley, Sullivan. Not Voting: None.Absent: Messrs. Saab, Gallagher.

* * *

Docket A-363-09.RE: Appeal of Linda V. Wolf,

Owner of the One Dwelling Unit Sin-gle Family Residence One andOne/half Story Property located onthe premises known as 14628 West-land Avenue from a CONDEMNA-TION ORDER — MAIN STRUC-TURE & GARAGE, dated September16, 2009 of the Director of theDepartment of Building and Hous-ing, requiring compliance with theCodified Ordinances of the City ofCleveland and the Ohio BuildingCode (OBC).

Docket A-363-09 have been POST-PONED; to be rescheduled for March31, 2010.

* * *

Docket A-364-09.RE: Appeal of Case Western Re-

serve University, Owner of Propertylocated on the premises known as1619 Mistletoe Drive from a LIMI-TATION ON THE PERMITS, datedJune 23, 2009 of the Director of theDepartment of Building and Hous-ing, requiring compliance with theCodified Ordinances of the City ofCleveland and the Ohio BuildingCode (OBC).

Docket A-364-09 has been WITH-DRAWN at the request of the Appel-lant.

* * *

Docket A-365-09.RE: Appeal of Brianna Penley,

Owner of the Two Dwelling UnitsTwo-Family Residence Two andOne/half Story Frame Propertylocated on the premises known as1350 East 92nd Street from a CON-DEMNATION ORDER — MAINSTRUCTURE, dated August 5, 2009of the Director of the Department ofBuilding and Housing, requiringcompliance with the Codified Ordi-nances of the City of Cleveland andthe Ohio Building Code (OBC).

BE IT RESOLVED, a motion is inorder at this time to DENY therequest for further time. The prop-erty is REMANDED to the Depart-ment of Building and Housing forsupervision and any required fur-ther action, based on the circum-stances presented. Motion so inorder. Motioned by Mr. Bradley andseconded by Mr. Sullivan.

Yeas: Messrs. Denk, Saunders,Bradley, Sullivan. Not Voting: None.Absent: Messrs. Saab, Gallagher.

Docket A-366-09.RE: Appeal of Jitendra Kapasi,

Owner of the One Dwelling UnitSingle Family Residence Two andOne/half Story Frame Propertylocated on the premises known as2139 West 85th Street from a CON-DEMNATION ORDER, dated Sep-tember 2, 2008 of the Director of theDepartment of Building and Hous-ing, requiring compliance with theCodified Ordinances of the City ofCleveland and the Ohio BuildingCode (OBC).

Docket A-366-09 have been POST-PONED; to be rescheduled for March31, 2010.

* * *

Docket A-385-09.RE: Appeal of Pete & Steve Bur-

czak, Owners of the One DwellingUnit Single Family Residence Oneand One/half Story Frame Propertylocated on the premises known as4490 Douse Avenue (Rear) from aCONDEMNATION ORDER — MAINSTRUCTURE, dated October 14, 2009of the Director of the Department ofBuilding and Housing, requiringcompliance with the Codified Ordi-nances of the City of Cleveland andthe Ohio Building Code (OBC).

BE IT RESOLVED, a motion is inorder at this time to DENY theappeal and to REMAND the proper-ty, particular the rear property forpossible demolition, and any otherfurther action deemed necessary bythe City. Motion so in order.Motioned by Mr. Saunders and sec-onded by Mr. Bradley.

Yeas: Messrs. Denk, Saunders,Bradley, Sullivan. Not Voting: None.Absent: Messrs. Saab, Gallagher.

* * *

Docket A-436-09.RE: Appeal of Kalitti LLC, Owner

of the One Dwelling Unit SingleFamily Residence One Story FrameProperty located on the premisesknown as 19306 Nottingham Roadfrom a CONDEMNATION ORDER —MAIN STRUCTURE, dated March 10,2009 of the Director of the Depart-ment of Building and Housing,requiring compliance with the Codi-fied Ordinances of the City of Cleve-land and the Ohio Building Code(OBC).

BE IT RESOLVED, a motion is inorder at this time to grant the Ap-pellant fourteen (14) days in whichto obtain all the required permits,and ninety (90) days in which toabate the violations, noting thatsome additional time can be grant-ed by the inspector if the progressis satisfactory. The property is RE-MANDED at this time to the Depart-ment of Building and Housing forsupervision and any required fur-ther action. Motion so in order.Motioned by Mr. Sullivan and sec-onded by Mr. Bradley.

Yeas: Messrs. Denk, Saunders,Bradley, Sullivan. Not Voting: None.Absent: Messrs. Saab, Gallagher.

* * *

Docket A-32-10.RE: Appeal of Schofield Proper-

ties, LLC, Owner of the M Propertylocated on the premises known as2000-2030 East 9th Street from anADJUDICATION ORDER, dated Feb-

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ruary 3, 2010 of the Director of theDepartment of Building and Hous-ing, requiring compliance with theCodified Ordinances of the City ofCleveland and the Ohio BuildingCode (OBC).

BE IT RESOLVED, a motion is inorder at this time to require allopenings be within thirty (30) feetof the property line and be protect-ed with interior sprinklers on theglass; and that the atrium is per-mitted to be constructed as indicat-ed, with a smoke baffle from theceiling to the basement floor, withsmoke detectors in that location toalarm any smoke generation in thatarea; and to require a smoke ex-haust system, from the street re-viewed by the Board, if required,which may exhaust into the court-yard. Motion so in order. Motionedby Mr. Saunders and seconded byMr. Sullivan.

Yeas: Messrs. Denk, Saunders,Bradley, Sullivan. Not Voting: None.Absent: Messrs. Saab, Gallagher.

* * *

Docket A-52-10.RE: Appeal of Taryll Luster c/o Pet-

tiegrew Properties, LLC, Owner/Con-tractor of the M Mercantile — RetailShops, Carryout Food Shops OneStory Masonry Walls/Wood FloorsProperty located on the premisesknown as 17222 St. Clair Avenuefrom a NOTICE OF VIOLATION —POOR WORKMANSHIP, dated Decem-ber 21, 2009 of the Director of theDepartment of Building and Hous-ing, requiring compliance with theCodified Ordinances of the City ofCleveland and the Ohio BuildingCode (OBC).

BE IT RESOLVED, a motion is inorder at this time to DENY theappeal and to find that the Viola-tion Notice was properly issued,based on the testimony presented.The property is REMANDED at thistime to the Department of Buildingand Housing for supervision andany required further action. Motionso in order. Motioned by Mr. Bradleyand seconded by Mr. Saunders.

Yeas: Messrs. Denk, Saunders,Bradley, Sullivan. Not Voting: None.Absent: Messrs. Saab, Gallagher.

* * *

Docket A-53-10.RE: Appeal of MRN Development

— Rick Maron, Owner of the Prop-erty located on the premises knownas 629 Euclid Avenue from anADJUDICATION ORDER, dated Feb-ruary 25, 2010 of the Director of theDepartment of Building and Hous-ing, requiring compliance with theCodified Ordinances of the City ofCleveland and the Ohio BuildingCode (OBC).

BE IT RESOLVED, a motion isin order at this time to recognizethe dual source power system in-stalled in this building as reason-ably reliable for the standby powerfor the elevators; to allow utiliza-tion of the freight elevator withmodifications available to provideadequate stretcher capacity, con-struct the 17th floor to current stan-dards, noting new building installedlife-safety systems and allow it tobe constructed as proposed; provideinterior sprinkler protection on theeast and west glass of, within thir-

ty (30) feet of the property line, andto allow the floors not leased underthe present proposal, to be upgrad-ed when they are occupied to thestandards presented for the rest ofthe building. Motion so in order.Motioned by Mr. Saunders and sec-onded by Mr. Sullivan.

Yeas: Messrs. Denk, Saunders,Bradley, Sullivan. Not Voting: None.Absent: Messrs. Saab, Gallagher.

* * *

EXTENSION OF TIME:

Docket A-161-09 — Clotheil Hawk— 2929 East 121st Street:

A motion is in order at this timeto DENY the request for an “Exten-sion Of Time” and to REMAND theproperty at 2929 East 121st Street tothe Department of Building andHousing for supervision and anyrequired further action. Motion so inorder. Motioned by Mr. Bradley andseconded by Mr. Denk.

Yeas: Messrs. Denk, Saunders,Bradley, Sullivan. Not Voting: None.Absent: Messrs. Saab, Gallagher.

* * *

APPROVAL OF RESOLUTIONS:Separate motions were entered by

Mr. Saunders and seconded by Mr.Bradley for Approval and Adoptionof the Resolutions as presented bythe Secretary for the followingDockets respectively, subject to theCodified Ordinances of the City ofCleveland and the Ohio BuildingCode (OBC):

A-342-09—Corrine P. Croom.A-343-09—Deirdre J. Lauer.A-344-09—Aretmus Hall.A-347-09—The Loan Place.A-350-09—Jon D. Patterson.A-352-09—Shirley A. Ward.A-353-09—Lonesore Chaney.A-354-09—David G. Williams.A-18-10—John Peicu.A-30-10—Tree of Knowledge.A-36-10—GravelRestaurantLLC/MRN.A-49-10—University Circle Inc.

Yeas: Messrs. Denk, Saunders,Bradley, Sullivan. Not Voting: None.Absent: Messrs. Saab, Gallagher.

* * *

APPROVAL OF MINUTES:Separate motions were entered by

Mr. Saunders and seconded by Mr.Sullivan for Approval and Adoptionof the Minutes as presented by theSecretary, subject to the CodifiedOrdinances of the City of Clevelandand the Ohio Building Code (OBC):

March 3, 2010

Yeas: Messrs. Denk, Saunders,Bradley, Sullivan. Not Voting: None.Absent: Messrs. Saab, Gallagher.

* * *

Secretary

PUBLIC NOTICE

NONE

NOTICE OF PUBLIC HEARING

NONE

CITY OF CLEVELAND BIDS

For All Departments

Sealed bids will be received at theoffice of the Commissioner of Pur-chases and Supplies, Room 128, CityHall, in accordance with the append-ed schedule, and will be opened andread in Room 128, City Hall, imme-diately thereafter.

Each bid must be made in accor-dance with the specifications andmust be submitted on the blankssupplied for the purpose, all ofwhich may be obtained at the officeof the said Commissioner of Pur-chases and Supplies, but no bid willbe considered unless delivered tothe office of the said commissionerprevious to 12:00 noon (EasternStandard Time) on the date speci-fied in the schedule.

187.10 Negotiated contracts; Noticerequired in Advertisement for Bids.

Where invitations for bids areadvertised, the following noticeshall be included in the advertise-ment: “Pursuant to the MBE/FBECode, each prime bidder, each minor-ity business enterprise (“MBE”) andeach female business enterprise(“FBE”) must be certified beforedoing business with the City. There-fore, any prime contractor wishingto receive credit for using an MBEor FBE should ensure that applica-tions for certification as to MBE orFBE status compliance with theCode, affirmative action in employ-ment and, if applicable, joint ven-ture status, are submitted to the Of-fice of Equal Opportunity (“OEO”)prior to the date of bid opening orsubmission of proposals or as speci-fied by the Director. Failure to com-ply with the business enterprisecode or with representations madeon these forms may result in can-cellation of the contract or othercivil or criminal penalties.”

THURSDAY, APRIL 22, 2010

File No. 56-2010 — Former CoastGuard Station Roof ReplacementProject Boat House and QuartersBuilding, for the Division ofArchitecture, Department of Pub-lic Service, as authorized by Ordi-nance No. 555-09, passed by theCouncil of the City of Cleveland,June 8, 2009.

THERE WILL BE A NON-REFUND-ABLE FEE FOR PLANS/SPECI-FICATIONS IN THE AMOUNT OFFIFTY DOLLARS ($50.00) IN THEFORM OF A CASHIER’S CHECKAND/OR MONEY ORDER (NOCOMPANY CHECKS, NO CASHAND NO CREDIT CARDS WILLBE ACCEPTED).

THERE WILL BE A MANDATORYPRE-BID MEETING THURSDAY,APRIL 8, 2010 AT 10:00 A.M. THEFORMER COAST GUARD STA-TION, 1000 CUYAHOGA RIVERROAD, CLEVELAND, OHIO 44113.

THE CITY OF CLEVELAND WILLNOT CONSIDER THE BID OFANYONE WHO DOES NOT AT-TEND A MANDATORY PRE-BIDCONFERENCE.

March 31, 2010 and April 7, 2010

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WEDNESDAY, MAY 12, 2010

File No. 54-2010 — Riveredge ParkingLot Expansion WBS No. D-426-3,for the Division of Cleveland Hop-kins International Airport, Depart-ment of Port Control, as autho-rized by Ordinance No. 905-09,passed by the Council of the Cityof Cleveland, February 8, 2010.

THERE WILL BE A NON-REFUND-ABLE FEE FOR PLANS/SPECI-FICATIONS IN THE AMOUNT OFFIFTY DOLLARS ($50.00) IN THEFORM OF A CASHIER’S CHECKAND/OR MONEY ORDER (NOCOMPANY CHECKS, NO CASHAND NO CREDIT CARDS WILLBE ACCEPTED).

THERE WILL BE A NON-MANDA-TORY PRE-BID MEETING TUES-DAY, APRIL 13, 2010 AT 10:00 A.M.,THE CLEVELAND HOPKINS IN-TERNATIONAL AIRPORT, ENGI-NEERING BUILDING, 19501 FIVEPOINTS ROAD, CLEVELAND, OHIO44135.

File No. 55-2010 — CLE TerminalTerrazzo Flooring Project WBS No.A-401-3, for the Division of Cleve-land Hopkins International Air-port, Department of Port Control,as authorized by Ordinance No.359-05, passed by the Council ofthe City of Cleveland, May 2, 2005.

THERE WILL BE A NON-REFUND-ABLE FEE FOR PLANS/SPECI-FICATIONS IN THE AMOUNT OFFIFTY DOLLARS ($50.00) IN THEFORM OF A CASHIER’S CHECKAND/OR MONEY ORDER (NOCOMPANY CHECKS, NO CASHAND NO CREDIT CARDS WILLBE ACCEPTED).

THERE WILL BE A MANDATORYPRE-BID MEETING WEDNESDAY,APRIL 14, 2010 AT 10:00 A.M., THECLEVELAND HOPKINS INTER-NATIONAL AIRPORT, ENGINEER-ING BUILDING, 19501 FIVE POINTSROAD, CLEVELAND, OHIO 44135.

THE CITY OF CLEVELAND WILLNOT CONSIDER THE BID OFANYONE WHO DOES NOT AT-TEND A MANDATORY PRE-BIDCONFERENCE.

March 31, 2010 and April 7, 2010

ADOPTED RESOLUTIONS

AND ORDINANCES

Res. No. 415-10.By Council Members Kelley, Swee-

ney, Cleveland, Polensek, West-brook, Brancatelli, Mitchell, Pruitt,Keane, Brady and J. Johnson.

An emergency resolution urgingthe Ohio General Assembly to enacttelecommunications regulatory reformlegislation with an appropriate bal-ance of regulatory reform, incen-tives for investment and job preser-vation and creation, a safety net forthose in need, and consumer protec-tion.

Whereas, currently there is tele-communications regulatory reformlegislation pending before the OhioGeneral Assembly, known as HouseBill 276 and Senate Bill 162, thatwould reform the regulation of tele-communications services in Ohio,

create incentives for investment andjob preservation and creation by thetelecommunications industry, main-tain a safety net for those in need,and provide for the protection ofconsumers of telecommunicationsservices; and

Whereas, this proposed legislationwill update Ohio law in order toposition the state, the City, and allOhioans to benefit from new invest-ment, jobs, and an improved tele-communications infrastructure inorder to effectively compete in theglobal economy; and

Whereas, this proposed legislationwill preserve important consumerprotections and a safety net forthose in need, including Lifeline ser-vice, while eliminating burdensomeand antiquated requirements thathave applied to only one segment ofthe telecommunications industry;and

Whereas, this proposed legislationis likely to be acted upon soon bythe Ohio General Assembly, afterextensive hearings and debate; and

Whereas, this resolution consti-tutes an emergency measure for theimmediate preservation of publicpeace, property, health or safety,now, therefore,

Be it resolved by the Council ofthe City of Cleveland:

Section 1. That this Council urgesthe Ohio General Assembly to enacttelecommunications regulatory reformlegislation with an appropriate bal-ance of regulatory reform, incen-tives for investment and job preser-vation and creation, a safety net forthose in need, and consumer protec-tion.

Section 2. That upon passage ofHouse Bill 276 or Senate Bill 162,this Council urges Governor TedStrickland to sign the legislationinto law at the earliest possible timeso that Ohio can benefit from jobs,investment and improved telecom-munications infrastructure.

Section 3. That the Clerk of Coun-cil is hereby directed to transmitcopies of this resolution to Gover-nor Ted Strickland, Lt. GovernorLee Fisher, and the Cleveland del-egation in the Ohio General Assem-bly.

Section 4. That this resolution ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Adopted March 29, 2010.Effective March 31, 2010.

Res. No. 417-10.By Council Members J. Johnson,

Westbrook, Miller and Mitchell.An emergency resolution com-

mending President Barack Obamaand the United States Congress forpassing historic legislation to im-prove the nation’s Health Care sys-tem, and urging the State of Ohio’sGovernor Ted Strickland and theOhio legislature to support its imple-mentation within our state.

Whereas, this Council wants tothank President Barack Obama andthe U.S. Congress for their commit-ment to pass a national Health Carelaw that will have a positive impactwithin the City of Cleveland; and

Whereas, among the immediatebenefits of the new law is thatCleveland residents who are unin-sured will have the opportunity tohave health insurance and manywill no longer fear being dropped bytheir health insurance companiesbecause of an illness or be prevent-ed from having health insurancebecause of a pre-existing health con-dition; and

Whereas, the new national HealthCare law will expand coverage toan additional 32 million Americans;and

Whereas, the uninsured will re-ceive immediate access to coveragethrough high-risk pools if they havepre-existing conditions; and

Whereas, children can remain ontheir parents’ health insurance plansuntil they are 26 years of age; and

Whereas, small businesses can re-ceive tax credits to purchase insur-ance for employees; and

Whereas, health insurance compa-nies will be prohibited from refus-ing to sell policies and will be lim-ited in their ability to set prices onthe basis of health status; and

Whereas, the prescription-drug cov-erage gap, known as the “doughnuthole” will eventually be eliminated;and

Whereas, this Council acknowl-edges the courage and hard work ofPresident Obama, the CongressionalDelegation of Northeast Ohio, andother members of the U.S. Congressin their support of the new nationalhealth care legislation during a dif-ficult, and at times, hostile pre-voteperiod of debate; their leadershipallowed the law to be passed; and

Whereas, this resolution consti-tutes an emergency measure for theimmediate preservation of publicpeace, property, health or safety,now, therefore,

Be it resolved by the Council ofthe City of Cleveland:

Section 1. That this Council com-mends President Barack Obama andthe United States Congress for pass-ing historic legislation to improvethe nation’s Health Care system,and urging the State of Ohio’s Gov-ernor Ted Strickland and the Ohiolegislature to support its implemen-tation within our state.

Section 2. That the Clerk of Coun-cil is hereby directed to transmitcopies of this resolution to PresidentBarack Obama, the CongressionalDelegation from Northeast Ohio,Governor Ted Strickland and theOhio legislature.

Section 3. That this resolution ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Adopted March 29, 2010.Effective March 31, 2010.

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Res. No. 418-10.By Council Member Brancatelli.An emergency resolution with-

drawing objections to the transferof ownership and renewal of a D5Liquor Permit at 3578 IndependenceRoad, and repealing Resolution Nos.1280-09 and 937-09, objecting to saidtransfer and renewal.

Whereas, this Council objected tothe transfer of ownership of a D5Liquor Permit to 3578 IndependenceRoad by Resolution No. 1280-09adopted by the Council on Septem-ber 14, 2009 and to the renewal byResolution No. 937-09 adopted by theCouncil on July 1, 2009; and

Whereas, this Council wishes towithdraw its objections to the abovetransfer and renewal and consentsto said transfer and renewal; and

Whereas, this resolution consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it resolved by the Council ofthe City of Cleveland:

Section 1. That objections to a D5Liquor Permit to LRC Enterprise,LLC, DBA Club 1227 and Ransaw,LLC, DBA Whiskey River Too, 3578Independence Road, Cleveland, Ohio44105, Permanent Numbers 4949651and 7200949 be and the same ishereby withdrawn and ResolutionNos. 1280-09 and 937-09, containingsuch objections, be and the same ishereby repealed and that thisCouncil consents to the immediatetransfer and renewal thereof.

Section 2. That this resolution ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Adopted March 29, 2010.Effective March 31, 2010.

Res. No. 419-10.By Council Member Miller.An emergency resolution object-

ing to the transfer of ownership ofa C1 Liquor Permit to 831 East 140thStreet.

Whereas, Council has been noti-fied by the Department of LiquorControl of an application for thetransfer of ownership of a C1Liquor Permit from Adassa MiniMart, Inc., DBA T & N Beverage,831 East 140th Street, Cleveland,Ohio 44111, Permanent Number0049750 to New Look Beverage,LLC, 831 East 140th Street, Cleve-land, Ohio 44110, Permanent Num-ber 6363210; and

Whereas, the granting of this ap-plication for a liquor permit to thishigh crime area, which is alreadysaturated with other liquor outlets,is contrary to the best interests ofthe entire community; and

Whereas, the applicant does notqualify to be a permit holder and/orhas demonstrated that he has oper-ated his liquor business in disregardof the laws, regulations or localordinances of this state or any otherstate; and

Whereas, the place for which thepermit is sought has not conformedto the building, safety or healthrequirements of the governing bodyof this County or City; and

Whereas, the place for which thepermit is sought is so arranged orconstructed that law enforcementofficers or agents of the Departmentof Liquor Control are prevented rea-sonable access to the establishment;and

Whereas, the place for which thepermit is sought is so located withrespect to the neighborhood that itsubstantially interferes with publicdecency, sobriety, peace or goodorder; and

Whereas, this objection is basedon other legal grounds as set forthin Revised Code Section 4303.292;and

Whereas, this resolution consti-tutes an emergency measure pro-viding for the immediate preserva-tion of the public peace, prosperi-ty, safety and welfare pursuant toSection 4303.26 of the Ohio RevisedCode. Council’s objection to saidpermit must be received by theDirector of Liquor Control within30 days of notification; now, there-fore,

Be it resolved by the Council ofthe City of Cleveland:

Section 1. That Council does here-by record its objection to the trans-fer of ownership of a C1 Liquor Per-mit from Adassa Mini Mart, Inc.,DBA T & N Beverage, 831 East 140thStreet, Cleveland, Ohio 44111, Per-manent Number 0049750 to NewLook Beverage, LLC, 831 East 140thStreet, Cleveland, Ohio 44110, Per-manent Number 6363210; and re-quests the Director of Liquor Con-trol to set a hearing for said appli-cation in accordance with provisionsof Section 4303.26 of the RevisedCode of Ohio.

Section 2. That the Clerk of Coun-cil be and she is hereby directed totransmit two certified copies of thisresolution, together with two copiesof a letter of objection and twocopies of a letter requesting that thehearing be held in Cleveland, Cuya-hoga County.

Section 3. That this resolution ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Adopted March 29, 2010.Effective March 31, 2010.

Res. No. 420-10.By Council Member Reed.An emergency resolution with-

drawing objection to the renewal ofa D2, D2X, D3 and D3A Liquor Per-mit at 4005-07 East 131st Street, andrepealing Resolution No. 1144-09,objecting to said renewal.

Whereas, this Council objected toa D2, D2X, D3 and D3A Liquor Per-mit to 4005-07 East 131st Street byResolution No. 1144-09 adopted bythe Council on August 5, 2009; and

Whereas, this Council wishes towithdraw its objection to the aboverenewal and consents to said renew-al; and

Whereas, this resolution consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it resolved by the Council ofthe City of Cleveland:

Section 1. That objection to a D2,D2X, D3 and D3A Liquor Permit toLar Rum, Inc., DBA Murray’s, 4005-07 East 131st Street, Cleveland, Ohio44105, Permanent Number 9819313 beand the same is hereby withdrawnand Resolution No. 1144-09, contain-ing such objection, be and the sameis hereby repealed and that thisCouncil consents to the immediaterenewal thereof.

Section 2. That this resolution ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Adopted March 29, 2010.Effective March 31, 2010.

Res. No. 422-10.By Council Member K. Johnson.An emergency resolution urging

the Greater Cleveland RegionalTransit Authority RTA to not dis-continue service on the #50 bus lineduring morning and evening rushhours.

Whereas, Cleveland residents onthe east side of the city depend onthe #50 bus line to get to their jobs;and

Whereas, discontinuation of thisbus service would cause great harmto people’s livelihoods; and

Whereas, this resolution consti-tutes an emergency measure for theimmediate preservation of publicpeace, property, health, or safety,now, therefore,

Be it resolved by the Council ofthe City of Cleveland:

Section 1. That this Council urgesthe Greater Cleveland RegionalTransit Authority RTA to not dis-continue service on the #50 bus lineduring morning and evening rushhours.

Section 2. That the Clerk of Coun-cil is directed to transmit copies ofthis resolution to Joseph Calabrese,Executive Director of GreaterCleveland Regional Transit Author-ity.

Section 3. That this resolution ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Adopted March 29, 2010.Effective April 1, 2010 without the

signature of the Mayor.

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Ord. No. 1660-A-09 (As a substitutefor Ord. No. 1660-09).

By Mayor Jackson and CouncilMembers Cimperman, Zone, Mitchell,Westbrook, Brady, Pruitt, Branca-telli, Cummins and Polensek.

An ordinance to supplement theCodified Ordinances of Cleveland,Ohio, 1976, by enacting new Sections187A.01 to 187A.07 and 187A.99, relat-ing to the Local Producer, Local-Food Purchaser, and SustainableBusiness Preference Code.

Whereas, large purchasers ofgoods and materials such as theCity of Cleveland can strengthen theregional economy by procuring agreater percentage of their pur-chases from local businesses; and

Whereas, purchasing local prod-ucts will reduce the City of Cleve-land’s carbon footprint by reducingthe distance that goods travel fromfactories and farms to the city,thereby decreasing the amount ofharmful emissions; and

Whereas, the Greater Clevelandregion has a vibrant manufacturing,industrial, and food production his-tory and we are continuing tostrengthen our local economy bysupporting local producers; and

Whereas, purchasing local goodsand materials will increase the Cityof Cleveland’s self-reliance andresiliency, as well as acting as amodel for local purchasing policiesthat support both local and region-al business development and eco-nomic growth; and

Whereas, encouraging local busi-nesses to follow sustainable prac-tices will expedite their participa-tion in high-growth sectors of theeconomy such as renewable energy,recycling, green building, zero wasteand other sustainable businesses,which in turn will encourage moregraduates to remain in the GreaterCleveland region and attract newtalent to the region; now, therefore

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Codified Ordi-nances of Cleveland, Ohio, 1976, aresupplemented by enacting new Sec-tions 187A.01 to 187A.07 and 187A.99,to read as follows:

CHAPTER 187ALOCAL PRODUCER, LOCAL-FOODPURCHASER, AND SUSTAINABLE

BUSINESS PREFERENCE CODE

Section 187A.01 Definitions of TermsAs used in this Chapter, the fol-

lowing words, phrases, and termsshall be defined as set forth below:

(a) “Bidder” means a Person of-fering or proposing to contract withthe City respectively in response toan invitation to bid or to a requestfor proposals.

(b) “Bid Discount” means the ap-plication of a percentage discount tothe total amount of a bid submittedby a Bidder for a Contract solely forthe purpose of bid comparisonswhen determining the lowest andbest bid, or lowest responsible bid.The use of a Bid Discount for BidComparison does not alter the totalamount of the bid submitted by aBidder or the Contract executedbased on a bid.

(c) “Business Enterprise” means afirm, sole proprietorship, partner-ship, association, corporation, com-

pany, or other business entity of anykind including, but not limited to, alimited liability corporation, incor-porated professional association,joint venture, estate, or trust.

(d) “City” means the City of Cleve-land, Ohio.

(e) “Commercially Useful Func-tion” means when a Local Produceror Local-Food Purchaser:

(1) Assumes the actual and con-tractual responsibility for furnish-ing the supplies or materials;

(2) Is recognized as a provider ofthe contracted supplies and materi-als by the industry involved;

(3) Owns or leases a warehouse,yard, building or other facilities forstocking inventory or otherwise con-ducts business in a manner which isusual and customary in the industryand market for the supplies or mate-rials; and

(4) Distributes, delivers, and ser-vices products primarily with itsown staff and/or equipment.

(f) “Commissioner” means the Com-missioner of Purchases and Suppliesor the Commissioner’s designee.

(g) “Contract” means a bindingagreement executed on or after theeffective date of this Local Pro-ducer, Local-Food Purchaser, andSustainable Business Preference Codeby which the City either grants aprivilege or is committed to expendor does expend its funds or otherresources, or confers a benefit hav-ing monetary value including, butnot limited to, a grant, loan, inter-est in real or personal property, ortax incentive in any form for or inconnection with any work, project,or public purpose including, but notlimited to, a contract for the:

(1) Construction of any public im-provement, including change ordersor subsidiary agreements approvedby the City during the performanceof such Construction;

(2) Purchase of personal property;(3) Purchase of any supplies,

equipment or services; or(4) Lease of any personal proper-

ty.“Contract” shall include a binding

agreement, funded or benefited bythe City, between a party to a Con-tract and a third party, but shallexclude contracts with other publicentities, except as provided in Sec-tion 187.09.

(h) “Contracting Department” in-cludes any administrative depart-ment under charge of the Mayor orany office, board, or commissiontreated or construed as a depart-ment of City government for anypurpose under the Charter or ordi-nances of the City for the benefit orprogram of which the City entersinto a particular Contract.

(i) “Contractor” means a separateor distinguishable Business Enter-prise employing one or more personsand participating in the perfor-mance of a Contract and shallinclude a Person in privity of con-tract with a Contractor for imple-mentation of a Contract.

(j) “Director” means the officialauthorized to enter into a Contracton behalf of a particular Contract-ing Department.

(k) “Evaluation Credit” means apredetermined number of points inthe evaluation of proposals submit-ted by a Bidder for a Contract to be

added solely for the purpose of pro-posal comparison when evaluatingcompeting proposals. The use ofEvaluation Credits does not alterthe amount of the proposal submit-ted by a Bidder or the Contract exe-cuted based on the proposal.

(l) “Local Contracting Market” or“Contracting Market” means the geo-graphic market area consisting ofCuyahoga County, Geauga County,Lake County, Lorain County, andMedina County, Ohio; provided, how-ever, that with respect to growers orproducers of food only, the geo-graphic market area also shallinclude: Erie County, Huron Coun-ty, Richland County, Ashland Coun-ty, Wayne County, Holmes County,Stark County, Summit County,Portage County, and TuscarawasCounty.

(m) “Local Food” means and in-cludes food that is grown, extract-ed, produced, recycled or manufac-tured within the Local ContractingMarket.

(n) “Local Producer, Local-FoodPurchaser, and Sustainable BusinessPreference Code”, “Preference Code”,“Code” or “Chapter” means all of theprovisions of this Chapter 187A ofthe Codified Ordinances of Cleve-land, Ohio, 1976.

(o) “Local Producer” means a Per-son that:

(1) has its principal office (head-quarters) located physically in theLocal Contracting Market and whosehighest executive officers and high-est level managers maintain theiroffices and perform their respectiveexecutive and managerial functionsand duties in the Local ContractingMarket; and

(2) A. grows food or fabricatesgoods, whether or not finished, fromorganic or raw materials;

B. processes goods, materials, foodor other products so as to increasetheir commercial value by not lessthan 50%;

C. supplies goods by performing aCommercially Useful Function; or

D. provides, by its qualified full-time employees, maintenance, re-pair, personal, or professional ser-vices.

(p) “Local-Food Purchaser” meansa Business Enterprise that, in im-plementation of its City contract,purchases Local Food in an amountcomprising not less than twenty per-cent (20%) of the Business En-terprise’s City Contract amount.

(q) “Local Sustainable Business”means a Business Enterprise that:

(1) has its principal office (head-quarters) located physically in theLocal Contracting Market and whosehighest executive officers and high-est level managers maintain theiroffices and perform their respectiveexecutive and managerial functionsand duties in the Local ContractingMarket; and

(2) has established sustainabilitygoals for itself and is a member ofor signatory to a nationally-recog-nized sustainability program, whichgoals and program have been deter-mined acceptable by the City Chiefof Sustainability or other officerdesignated by the Mayor.

(r) “OEO Director” means theDirector of the Office of EqualOpportunity of the City.

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(s) “Person” means and includes anatural person, a Business Enter-prise or other entity, unless the con-text or usage requires otherwise.

Section 187A.02 Preference forLocal Producers, Local-Food Pur-chasers, and Local Sustainable Busi-nesses

(a) Application of Bid Discount —A Contracting Department shallapply a Bid Discount of two percent(2%) to a bid received from a LocalProducer; two percent (2%) to a bidreceived from a Local SustainableBusiness; and two percent (2%) toa bid received from a Local-FoodPurchaser; provided that the maxi-mum total Bid Discount appliedunder this division (a) shall notexceed four percent (4%). Bid Dis-counts applied under this division(a) shall be in addition to any BidDiscount applied under Sections187.03 and 187.05. The maximumamount of any Bid Discounts ap-plied to a bid under this division (a)shall not exceed $50,000.00, provided,however, that the maximum cumu-lative amount of all Bid Discountsapplied to the bid under this divi-sion (a) and under Sections 187.03and 187.05 shall not exceed$75,000.00.

(b) Application of EvaluationCredit — A Contracting Depart-ment shall apply an EvaluationCredit of two percent (2%) of thetotal points awarded for a propos-al received from a Local Producer,two percent (2%) of the totalpoints awarded for a proposal re-ceived from a Local SustainableBusiness, and two percent (2%) ofthe total points awarded for a pro-posal received from a Local-FoodPurchaser; provided that the maxi-mum total Evaluation Creditapplied under this division (b)shall not exceed four percent (4%).

Section 187A.03 Duties of Directorof Office of Equal Opportunity; Com-pliance Monitoring

(a) In addition to those dutiesspecified in Section 123.08 and Sec-tion 187.02, the OEO Director,through the Office of Equal Oppor-tunity employees as necessary, shallimplement and enforce the provi-sions of this Code. The OEO Direc-tor’s duties shall include, but not belimited to:

(1) Reviewing all submittals andother information required or neces-sary under this Code to determinewhether a particular Person quali-fies for certification or approval asa Local Producer or a Local-FoodPurchaser or a Local SustainableBusiness and is in compliance withthis Code;

(2) Notifying an affected Contract-ing Department that the certificate orapproval pertaining to a particularperson is or is not currently effectivewith respect to the matters for whichthe same were issued;

(3) Initiating and receiving com-plaints of non-compliance with thisCode; and

(4) Investigating complaints per-taining to non-compliance with thisCode and recommending appropriatesanctions.

(b) The OEO Director shall moni-tor a Contractor’s compliance withits bid representations of its quali-

fication(s) as a Local Producer orLocal-Food Purchaser or Local Sus-tainable Business during the perfor-mance of a Contract it was award-ed because of applying a Bid Dis-count or Evaluation Credit underSection 187A.02. If the OEO Directordetermines that there is cause tobelieve that a Contractor failed toqualify as a Local Producer orLocal-Food Purchaser or Local Sus-tainable Business as represented inits bid or proposal, the OEO Direc-tor shall notify the Contractor of theapparent breach of or default underthe contract. The OEO Director mayrequire a Contractor or Bidder tosubmit such reports, informationand documentation as reasonablynecessary to determine its status asa Local Producer or Local-Food Pur-chaser or Local Sustainable Busi-ness in the performance of its Con-tract.

(c) The OEO Director shall main-tain complete and accurate recordsof the use of Local Producer’s orLocal-Food Purchaser’s or LocalSustainable Businesses’ goods, ma-terials, supplies, or services in per-formance of the ContractingDepartment’s Contracts, includingthe dollar value of orders suppliedby Local Producers or Local-FoodPurchasers or Local SustainableBusinesses, the nature of thegoods, materials, supplies, or ser-vices provided, and the name andaddress, and the qualifications ofeach Local Producer or Local-FoodPurchaser or Local SustainableBusiness as such.

Section 187A.04 Sanctions for Non-compliance

If the OEO Director determinesthat a Contractor is in breach ordefault with respect to any repre-sentation regarding its status as aLocal Producer or Local-Food Pur-chaser or Local Sustainable Busi-ness when the Contractor would nothave been the lowest bidder or rec-ommended proposer for a Contractbut for application of any Bid Dis-count(s) or Evaluation Credit(s)based upon that status, the OEODirector, in addition to other reme-dies available with respect to theforegoing or other defaults underany Contract in question, may rec-ommend that the Contracting De-partment Director cancel the con-tract and declare a forfeiture of anyperformance bond.

Section 187A.05 Responsibilitiesof Commissioner and ContractingDepartments

The Commissioner and each Con-tracting Department shall:

(a) Endeavor to maximize thepurchase of Local Producers, Local-Food Purchasers, and Local Sus-tainable Businesses goods, materi-als, supplies, or services in Con-tracts of $10,000 or less; and

(b) Develop lists of Local Pro-ducers, Local-Food Purchasers, andLocal Sustainable Businesses forwhose goods, materials, supplies, orservices the City typically contracts.

Section 187A.06 Contracts withOther Governmental Entities as Con-tractors

Contracts or other agreementsbetween the City and other political

subdivisions, governmental, or quasi-governmental agencies, under whichthose entities receive money from orthrough the City for the purpose ofcontracting with Business Enter-prises to perform projects in theCity, shall encourage BusinessEnterprises to comply with the pro-visions of this Chapter in awarding,administering, and implementingthe contracts.

Section 187A.07 Reports; Recon-sideration of Scope.

(a) As part of the annual reportsubmitted under Section 123.08, theOEO Director shall summarize theutilization of this chapter in theaward of City contracts during thepreceding year.

(b) The Council shall reconsiderthe scope of this chapter, includingthe size of the Local ContractingMarket, five years after the effec-tive date of this section.

Section 187A.99 Violations; Penal-ty

(a) No Person shall willfully fal-sify, conceal or cover up by a trick,scheme, or device a material fact, ormake any false, fictitious, or fraud-ulent statements or representationsor make use of any false writing ordocument knowing the same to con-tain any false, fictitious, or fraudu-lent statement or entry in any mat-ter administered under this Chapter.

(b) No Person shall fraudulentlyobtain, attempt to obtain, or aidanother Person fraudulently obtain-ing or attempting to obtain a LocalProducer’s or Local-Food Purchas-er’s or Local Sustainable Business’Bid Discount or Evaluation Credit.

(c) Any Person who violates theprovisions of this section is guiltyof a misdemeanor of the first de-gree.

(d) In addition to other remediesavailable with respect to violationsof divisions (a) and (b) of this sec-tion, the OEO Director may recom-mend to a Contracting DepartmentDirector, and a Contracting Depart-ment Director may:

(1) Recommend to the Director ofLaw that the City take such legalaction, whether civil or criminal, asthe Director of Law deems appro-priate;

(2) Disqualify a Bidder, Contrac-tor, or other Business Enterprisefrom eligibility as Contractor, sub-contractor, or Local Producer orLocal-Food Purchaser or Local Sus-tainable Business for providinggoods, materials, supplies, or ser-vices to the City for a period not toexceed two (2) years; or

(3) Make a claim for payment ofdamages, including but not limitedto any liquidated damages specifiedin the Contract.

Section 2. That Sections 187A.01 to187A.07 and 187A.99 of the CodifiedOrdinances of Cleveland, Ohio, 1976,shall take effect and be in forcesixty (60) days after passage of thisordinance.

Section 3. That this ordinanceshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed March 29, 2010.Effective April 28, 2010.

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Ord. No. 158-10.

By Council Member Sweeney (by departmental request).

An emergency ordinance to make appropriations and provide current expenses for the daily operation of

all municipal departments of the City of Cleveland for the fiscal year from January 1, 2010 until December

31, 2010.

Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal

department; now, therefore,

Be it resolved by the Council of the City of Cleveland:

Section 1. That to provide for the current expenses for the City of Cleveland for the fiscal year ending December

31, 2010, the following sums be and they are hereby appropriated viz:

The sum of Five Hundred Eleven Million, Three Hundred Fifty Four Thousand, Eighty One Dollars ($511,354,081)

from the General Fund;

The sum of Fifty Three Million, Five Hundred Eighty Three Thousand, Three Hundred Ninety Six Dollars

($53,583,396) from the Special Revenue Funds;

The sum of Twenty Seven Million, Two Hundred Twenty Six Thousand, Nine Hundred Fifty One Dollars

($27,226,951) from the Internal Service Funds;

The sum of Six Hundred Forty Five Million, Eight Hundred Seventy Three Thousand, Eight Dollars ($645,873,008)

from the Enterprise Funds;

The sum of Ten Million, One Hundred Twenty Six Thousand, Seven Hundred Sixty Two Dollars ($10,126,762)

from the Trust and Agency Funds;

The sum of Sixty Two Million, Four Hundred Eleven Thousand, Three Hundred Twenty Seven Dollars

($62,411,327) from the Debt Service Fund;

All set forth in the Mayor’s Estimate on file with Council and identified in the aggregate amount for each

department as follows:

GENERAL FUND

Legislative Branch $ 6,263,014

Judicial Branch 40,352,220

Executive Branch

General Government 8,055,947

Department of Aging 864,052

Department of Personnel 1,652,803

Department of Consumer Affairs 316,104

Department of Law 8,244,483

Department of Finance 13,331,185

Department of Port Control 242,708

Department of Public Service 35,154,368

Department of Public Health 5,620,812

Department of Public Safety 303,690,205

Department of Parks, Recreation and Properties 36,888,893

Department of Building and Housing 9,427,613

Department of Economic Development 1,288,639

Nondepartmental 39,961,035

———————

TOTAL EXECUTIVE BRANCH $ 464,738,847

——————————————

TOTAL GENERAL FUND $ 511,354,081

——————————————

Special Revenue Funds $ 53,583,396

Internal Service Funds 27,226,951

Enterprise Funds 645,873,008

Trust and Agency Funds 10,126,762

Debt Service Funds 62,411,327

———————

TOTAL APPROPRIATIONS FOR 2010 $1,310,575,525

––——————––——————

GENERAL FUND

LEGISLATIVE BRANCH

Council and Clerk of Council $ 6,263,014

I. Personnel and Related Expenses $ 4,586,639

II. Other Expenses 1,676,375

––——————

TOTAL LEGISLATIVE BRANCH $ 6,263,014

––——————––——————

JUDICIAL BRANCH

Municipal Court - Judicial Division $ 22,634,366

I. Personnel and Related Expenses $ 20,072,417

II. Other Expenses 2,561,949

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Municipal Court - Clerk’s Division $ 14,421,653

I. Personnel and Related Expenses $ 9,135,356

II. Other Expenses 5,286,297

Municipal Court - Housing Division $ 3,296,201

I. Personnel and Related Expenses $ 3,137,393

II. Other Expenses 158,808

––——————

TOTAL JUDICIAL BRANCH $ 40,352,220

––——————––——————

EXECUTIVE BRANCH

GENERAL GOVERNMENT

Office of the Mayor $ 2,281,509

I. Personnel and Related Expenses $ 2,144,245

II. Other Expenses 137,264

Landmarks Commission $ 175,990

I. Personnel and Related Expenses $ 171,557

II. Other Expenses 4,433

Board of Building Standards and Appeals $ 115,411

I. Personnel and Related Expensess $ 108,169

II. Other Expenses 7,242

Board of Zoning Appeals $ 197,675

I. Personnel and Related Expenses $ 185,515

II. Other Expenses 12,160

Civil Service Commission $ 1,298,664

I. Personnel and Related Expenses $ 545,991

II. Other Expenses 752,673

Community Relations Board $ 1,162,272

I. Personnel and Related Expenses $ 1,081,477

II. Other Expenses 80,795

City Planning Commission $ 1,513,347

I. Personnel and Related Expenses $ 1,437,019

II. Other Expenses 76,328

Boxing and Wrestling Commission $ 5,696

I. Personnel and Related Expenses $ 5,696

Office of Equal Opportunity $ 543,417

I. Personnel and Related Expenses $ 518,676

II. Other Expenses 24,741

Office of Budget & Management-Budget Admin. $ 761,966

I. Personnel and Related Expenses $ 595,988

II. Other Expenses 165,978

––——————

TOTAL GENERAL GOVERNMENT $ 8,055,947

––——————––——————

DEPARTMENT OF AGING

Department of Aging $ 864,052

I. Personnel and Related Expenses $ 734,825

II. Other Expenses 129,227

––——————

TOTAL DEPARTMENT OF AGING $ 864,052

––——————––——————

DEPARTMENT OF PERSONNEL

Office of Personnel $ 1,652,803

I. Personnel and Related Expenses $ 1,064,453

II. Other Expenses 588,350

––——————

TOTAL DEPARTMENT OF PERSONNEL $ 1,652,803––——————––——————

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DEPARTMENT OF CONSUMER AFFAIRS

Consumer Affair $ 316,104

I. Personnel and Related Expenses $ 274,712

II. Other Expenses 41,392

––——————

TOTAL DEPARTMENT OF CONSUMER AFFAIRS $ 316,104

––——————––——————

DEPARTMENT OF LAW

Division of Law $ 8,244,483

I Personnel and Related Expenses $ 6,556,909

II. Other Expenses 1,687,574

––——————

TOTAL DEPARTMENT OF LAW $ 8,244,483

––——————––——————

DEPARTMENT OF FINANCE

Finance Administration $ 842,493

I. Personnel and Related Expenses $ 777,987

II. Other Expenses 64,506

Division of Accounts $ 1,892,683

I. Personnel and Related Expenses $ 1,261,239

II. Other Expenses 631,444

Division of Assessments and Licenses $ 3,208,644

I. Personnel and Related Expenses $ 2,296,933

II. Other Expenses 911,711

Division of Treasury $ 661,962

I. Personnel and Related Expenses $ 574,575

II. Other Expenses 87,387

Division of Purchases and Supplies $ 549,510

I. Personnel and Related Expenses $ 514,810

II. Other Expenses 34,700

Bureau of Internal Audit $ 940,421

I. Personnel and Related Expenses $ 568,382

II. Other Expenses 372,039

Division of Financial Reporting and Control $ 1,334,116

I. Personnel and Related Expenses $ 1,301,295

II. Other Expenses 32,821

Information Systems Services $ 3,729,007

I. Personnel and Related Expenses $ 2,099,075

II. Other Expenses 1,629,932

Information Tech & Planning $ 172,349

I. Personnel and Related Expenses $ 155,862

II. Other Expenses 16,487

––——————

TOTAL DEPARTMENT OF FINANCE $ 13,331,185

––——————––——————

DEPARTMENT OF PORT CONTROL

Division of Harbors $ 242,708

I. Personnel and Related Expenses $ 93,408

II. Other Expenses 149,300

––——————

TOTAL DEPARTMENT OF PORT CONTROL $ 242,708––——————––——————

DEPARTMENT OF PUBLIC SERVICE

Public Service Administration $ 400,519

I. Personnel and Related Expenses $ 374,874

II. Other Expenses 25,645

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Division of Architecture $ 550,061

I. Personnel and Related Expenses $ 522,306

II. Other Expenses 27,755

Division of Waste Collection and Disposal $ 25,572,851

I. Personnel and Related Expenses $ 15,126,083

II. Other Expenses 10,446,768

Division of Engineering and Construction $ 4,740,395

I. Personnel and Related Expenses $ 4,263,491

II. Other Expenses 476,904

Division of Traffic Engineering $ 3,890,542

I. Personnel and Related Expenses $ 2,897,744

II. Other Expenses 992,798

––——————

TOTAL DEPARTMENT OF PUBLIC SERVICE $ 35,154,368––——————––——————

DEPARTMENT OF PUBLIC HEALTH

Public Health Administration $ 833,161

I. Personnel and Related Expenses $ 573,549

II. Other Expenses 259,612

Division of Health $ 3,201,756

I. Personnel and Related Expenses $ 1,947,546

II. Other Expenses 1,254,210

Division of Environment $ 1,158,684

I. Personnel and Related Expenses $ 1,004,773

II. Other Expenses 153,911

Division of Air Quality $ 427,211

I. Personnel and Related Expenses $ 145,711

II. Other Expenses 281,500

––——————TOTAL DEPARTMENT OF PUBLIC HEALTH $ 5,620,812

––——————––——————

DEPARTMENT OF PUBLIC SAFETY

Public Safety Administration $ 3,418,827

I. Personnel and Related Expenses $ 2,328,111

II. Other Expenses 1,090,716

Division of Police $ 173,822,597

I. Personnel and Related Expenses $165,221,057

II. Other Expenses 8,601,540

Division of Fire $ 89,193,842

I. Personnel and Related Expenses $ 86,343,378

II. Other Expenses 2,850,464

Division of Emergency Medical Services $ 21,429,594

I. Personnel and Related Expenses $ 19,133,156

II. Other Expenses 2,296,438

Division of Dog Pound $ 1,068,244

I. Personnel and Related Expenses $ 823,511

II. Other Expenses 244,733

Division of Correction $ 14,757,101

I. Personnel and Related Expenses $ 11,339,732

II. Other Expenses 3,417,369

––——————

TOTAL DEPARTMENT OF PUBLIC SAFETY $ 303,690,205

––——————––——————

DEPARTMENT OF PARKS, RECREATION, AND PROPERTIES

Parks, Recreation, and Properties Administration $ 695,199

I. Personnel and Related Expenses $ 549,986

II. Other Expenses 145,213

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Division of Research, Planning, and Development $ 740,215

I. Personnel and Related Expenses $ 664,066

II. Other Expenses 76,149

Division of Recreation $ 13,202,284

I. Personnel and Related Expenses $ 9,332,824

II. Other Expenses 3,869,460

Division of Parking Facilities-On Street $ 1,257,615

I. Personnel and Related Expenses $ 1,197,750

II. Other Expenses 59,865

Division of Property Management $ 8,461,597

I. Personnel and Related Expenses $ 5,650,516

II. Other Expenses 2,811,081

Division of Park Maintenance and Properties $ 12,531,983

I. Personnel and Related Expenses $ 7,987,606

II. Other Expenses 4,544,377

––——————

TOTAL DEPT. OF PARKS, REC., AND PROPERTIES $ 36,888,893

––——————––——————

DEPARTMENT OF BUILDING AND HOUSING

Building and Housing Dir Office $ 1,864,076

I. Personnel and Related Expenses $ 1,512,501

II. Other Expenses 351,575

Division of Code Enforcement $ 6,005,887

I. Personnel and Related Expenses $ 5,831,335

II. Other Expenses 174,552

Division of Construction Permit $ 1,557,650

I. Personnel and Related Expenses $ 1,539,995

II. Other Expenses 17,655

––——————

TOTAL DEPARTMENT OF BUILDING AND HOUSING $ 9,427,613

––——————––——————

DEPARTMENT OF ECONOMIC DEVELOPMENT

Economic Development $ 1,288,639

I. Personnel and Related Expenses $ 1,224,726

II. Other Expenses 63,913

––——————

TOTAL DEPARTMENT OF ECONOMIC DEVELOPMENT $ 1,288,639

––——————––——————

NONDEPARTMENTAL

County Auditor Deductions $ 2,436,175

II. Other Expenses $ 2,436,175

Other Administrative $ 19,149,637

II. Other Expenses $ 19,149,637

Transfers to Other Funds $ 18,375,223

II. Other Expenses $ 18,375,223

––——————

TOTAL NONDEPARTMENTAL $ 39,961,035

––——————––——————

TOTAL EXECUTIVE BRANCH $ 464,738,847

––——————––——————

TOTAL GENERAL FUND $ 511,354,081

––——————––——————

SPECIAL REVENUE FUND

Restricted Income Tax Fund $ 32,917,751

I. Capital $ 8,142,916

II. Debt Service 24,774,835

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Street Construction, Maintenance & Repair Fund $ 19,665,645

I. Personnel and Related Expenses $ 13,592,156

II. Other Expenses 6,073,489

Schools Recreation & Cultural Activities Fund $ 1,000,000

II. Other Expenses $ 1,000,000

––——————

TOTAL SPECIAL REVENUE FUNDS $ 53,583,396

––——————––——————

INTERNAL SERVICE FUND

Information Systems Services-Telephone Exchange $ 6,466,898

I. Personnel and Related Expenses $ 1,129,075

II. Other Expenses 5,337,823

Division of Motor Vehicle Maintenance $ 17,418,449

I. Personnel and Related Expenses $ 5,830,933

II. Other Expenses 11,587,516

Division of Printing and Reproduction $ 2,468,496

I. Personnel and Related Expenses $ 863,054

II. Other Expenses 1,605,442

City Storeroom and Central Warehouse $ 873,108

I. Personnel and Related Expenses $ 96,188

II. Other Expenses 776,920

––——————

TOTAL INTERNAL SERVICE FUNDS $ 27,226,951

––——————––——————

ENTERPRISE FUNDS

DEPARTMENT OF PUBLIC UTILITIES

Utilities Administration $ 2,563,927

I. Personnel and Related Expenses $ 1,976,716

II. Other Expenses 587,211

Radio $ 1,974,855

I. Personnel and Related Expenses $ 417,065

II. Other Expenses 1,557,790

Division of Fiscal Control $ 3,274,428

I. Personnel and Related Expenses $ 2,888,100

II. Other Expenses 386,328

Division of Water $ 262,912,973

I. Personnel and Related Expenses $ 79,498,526

II. Other Expenses 183,414,447

Division of Water Pollution Control $ 22,725,965

I. Personnel and Related Expenses $ 10,588,455

II. Other Expenses 12,137,510

Division of Cleveland Public Power $ 170,214,862

I. Personnel and Related Expenses $ 28,251,992

II. Other Expenses 141,962,870

––——————

TOTAL DEPARTMENT OF PUBLIC UTILITIES $ 463,667,010

––——————––——————

DEPARTMENT OF PORT CONTROL

Divisions of Cleveland Hopkins & Burke Lakefront

Airports - Operations $ 147,048,168

I. Personnel and Related Expenses $ 31,929,496

II. Other Expenses 115,118,672

––——————

TOTAL DEPARTMENT OF PORT CONTROL $ 147,048,168

––——————––——————

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DEPARTMENT OF PARKS, RECREATION, AND PROPERTIES

Division of Cemeteries $ 1,755,189

I. Personnel and Related Expenses $ 1,278,247

II. Other Expenses 476,942

Golf Course Funds $ 1,797,088

I. Personnel and Related Expenses $ 1,006,951

II. Other Expenses 790,137

Division of Parking Facilities-Off Street Parking $ 10,342,163

I. Personnel and Related Expenses $ 1,140,590

II. Other Expenses 9,201,573

Division of Convention Center $ 4,643,302

I. Personnel and Related Expenses $ 1,819,746

II. Other Expenses 2,823,556

Division of Convention Center & Stadium-

West Side Market $ 1,114,280

I. Personnel and Related Expenses $ 368,152

II. Other Expenses 746,128

Division of Convention Center & Stadium-Stadium $ 15,465,808

II. Other Expenses $ 15,465,808

Division of Property Management -

East Side Market $ 40,000

II. Other Expenses $ 40,000

––——————

TOTAL DEPT. OF PARKS, REC., AND PROPERTIES $ 35,157,830

––——————––——————

TOTAL ENTERPRISE FUNDS $ 645,873,008

––——————––——————

AGENCY FUND

Central Collection Agency $ 10,126,762

I. Personnel and Related Expenses $ 6,218,304

II. Other Expenses 3,908,458

––——————

TOTAL AGENCY FUND $ 10,126,762

––——————––——————

DEBT SERVICE FUND

Sinking Fund Commission $ 62,411,327

I. Personnel and Related Expenses $ 175,176

II. Other Expenses 423,568

III. Debt Service 61,812,583

––——————

TOTAL DEBT SERVICE FUNDS $ 62,411,327

––——————––——————

Section 2. That the appropriations herein made are based upon the detail of expenditures set forth in the Mayor’s

Estimate, but are appropriated to the several departments, offices, and purposes in the aggregate for I. - Per-

sonnel and Related Expenses; and II. - Other Expenses and are not severally and individually appropriated in

said detail. Any unencumbered balance in an appropriation fund at the close of the year 2009 is hereby appro-

priated to such fund for the payment of unpaid obligations lawfully incurred in 2010 or prior years. The Mayor’s

Estimate, File No 158-10-A as modified by the schedule published pursuant to Section 39 of the Charter shall within

the sums appropriated in Section 1 hereof, constitute the expenditure budget for the year 2010 and shall be subject

to the control of the Mayor, provided, however, that no transfer from I. - Personnel and Related Expenses, or II.

- Other Expenses within any department or office, or from one department or office to another shall be made

except as provided in Section 41 of the Charter.

Section 3. That the Commissioner of Accounts is hereby authorized to draw warrants upon the City Treasury

for the amount appropriated in this ordinance, whenever claims are presented properly approved by the head of

the department or by the chief of a commission for which indebtedness was incurred.

Section 4. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative

vote of two-thirds of all the members elected to Council, it shall take effect and be in force upon its passage and

approval by the Mayor; otherwise it shall take effect and be in force at the earliest period allowed by law.

Passed March 29, 2010.

Effective March 29, 2010.

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Ord. No. 197-10.By Council Members Conwell and

Sweeney (by departmental request).An emergency ordinance authoriz-

ing the Director of Public Safety toapply for and accept a grant fromUniversity Hospitals for the 2010Cuyahoga County OVI Task ForceProgram.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofPublic Safety is authorized to applyfor and accept a grant in theapproximate amount of $27,000, andany other funds that may becomeavailable during the grant termfrom University Hospitals to con-duct the 2010 Cuyahoga County OVITask Force Program; that the Direc-tor is authorized to file all papersand execute all documents neces-sary to receive the funds under thegrant; and that the funds are appro-priated for the purposes described inthe services agreement for the grantcontained in the file describedbelow.

Section 2. That the services agree-ment for the grant, File No. 197-10-A, made a part of this ordinance asif fully rewritten, as presented tothe Finance Committee of this Coun-cil at the public hearing on this leg-islation, is approved in all respectsand shall not be changed withoutadditional legislative authority.

Section 3. That the Director ofPublic Safety shall have the author-ity to extend the term of the grantduring the grant term.

Section 4. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed March 29, 2010.Effective March 31, 2010.

Ord. No. 198-10.By Council Members Conwell and

Sweeney (by departmental request).An emergency ordinance authoriz-

ing the Director of Public Safety toapply for and accept a grant fromUniversity Hospital for the 2010Cleveland High Visibility Enforce-ment Overtime Program.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofPublic Safety is authorized to applyfor and accept a grant in the ap-proximate amount of $80,592.46, andany other funds that may becomeavailable during the grant termfrom University Hospital to conductthe 2010 Cleveland High VisibilityEnforcement Overtime Program; thatthe Director is authorized to file all

papers and execute all documentsnecessary to receive the funds underthe grant; and that the funds areappropriated for the purposesdescribed in the services agreementfor the grant contained in the filedescribed below.

Section 2. That the services agree-ment for the grant File No. 198-10-A,made a part of this ordinance as iffully rewritten, as presented to theFinance Committee of this Councilat the public hearing on this legis-lation, is approved in all respectsand shall not be changed withoutadditional legislative authority.

Section 3. That the Director ofPublic Safety shall have the author-ity to extend the term of the grantduring the grant term.

Section 4. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed March 29, 2010.Effective March 31, 2010.

Ord. No. 200-10.By Council Members Conwell and

Sweeney (by departmental request).An emergency ordinance authoriz-

ing the Director of Public Safety toapply for and accept a grant fromthe Ohio Office of Criminal JusticeServices for the 2009 Recovery ActState Byrne Memorial AssistanceGrant, Northern Ohio Violent CrimeConsortium; and authorizing one ormore contracts with various agen-cies and entities to implement thegrant.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofPublic Safety is authorized to applyfor and accept a grant in theapproximate amount of $97,500, andany other funds that may becomeavailable during the grant termfrom the Ohio Office of CriminalJustice Services to conduct the 2009Recovery Act State Byrne MemorialAssistance Grant, Northern Ohio Vio-lent Crime Consortium; that theDirector is authorized to file allpapers and execute all documentsnecessary to receive the funds underthe grant; and that the funds areappropriated for the purposesdescribed in the subgrant applica-tion for the grant contained in thefile described below.

Section 2. That the subgrant appli-cation for the grant, File No. 200-10-A, made a part of this ordinance asif fully rewritten, as presented tothe Finance Committee of this Coun-cil at the public hearing on this leg-islation, including the obligation ofthe City of Cleveland to providecash matching funds in the amountof $32,500 from Fund Nos. 10 SF 025,10 SF 027, and 10 SF 049, is approvedin all respects and shall not be

changed without additional legisla-tive authority.

Section 3. That the Director ofPublic Safety shall have the author-ity to extend the term of the grantduring the grant term.

Section 4. That the Director ofPublic Safety is authorized to enterinto one or more contracts withvarious agencies and entities toimplement the grant as describedin the file, payable from the fundor funds which are credited thegrant proceeds accepted in thisordinance.

Section 5. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed March 29, 2010.Effective March 31, 2010.

Ord. No. 202-10.By Council Members Conwell and

Sweeney (by departmental request).An emergency ordinance authoriz-

ing the Director of Public Safety toapply for and accept a grant fromthe U.S. Department of Justice,Bureau of Justice Assistance, for the2009 Bulletproof Vest Grant.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofPublic Safety is authorized to applyfor and accept a grant in theapproximate amount of $36,625, andany other funds that become avail-able during the grant term, from theU.S. Department of Justice, Bureauof Justice Assistance, to conduct the2009 Bulletproof Vest Grant; that theDirector of Public Safety is autho-rized to file all papers and executeall documents necessary to receivethe funds under the grant; and thatthe funds are appropriated for thepurposes described in the applica-tion submission contained in the filedescribed below.

Section 2. That the applicationsubmission for the grant, File No.202-10-A, made a part of this ordi-nance as if fully rewritten, includ-ing the obligation of the City to pro-vide $36,625 in cash matching fundsfrom Fund Nos. 10 SF 025, 10 SF 027,and 10 SF 049, as presented to theFinance Committee of this Councilat the public hearing on this legis-lation, is approved in all respectsand shall not be changed withoutadditional legislative authority.

Section 3. That the Director ofPublic Safety shall have the author-ity to extend the term of the grantduring the grant term.

Section 4. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage and

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approval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed March 29, 2010.Effective March 31, 2010.

Ord. No. 214-10.By Council Member Pruitt.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located at 4150 East 141stStreet to Ferrel Ridgeway.

Whereas, the City of Clevelandhas elected to adopt and implementthe procedures under Chapter 5722of the Ohio Revised Code to facili-tate reutilization of nonproductivelands situated within the City ofCleveland; and

Whereas, real property acquiredunder the City’s Land ReutilizationProgram is acquired, held, adminis-tered and disposed by the City ofCleveland through its Department ofCommunity Development under theterms of Chapter 5722 of the OhioRevised Code and Section 183.021 ofCodified Ordinances of the City ofCleveland, 1976; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That under Section183.021 of the Codified Ordinances ofCleveland, Ohio 1976, the Commis-sioner of Purchases and Supplies isauthorized to sell the real property,more fully described below, to Fer-rel Ridgeway.

Section 2. That the real propertyto be sold pursuant to this ordinanceis more fully described as follows:

P. P. No. 138-12-048Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio: And known as being SublotNo. 129 in W. M. Southern StanleyHeights Subdivision of part of Orig-inal Warrensville Township Lot Nos.61 and 71, as shown by the record-ed plat in Volume 16 of Maps Page23 of Cuyahoga County Records andbeing 40 feet front on the Westerlyside of East 141st Street and extend-ing back of equal width 125 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways.

Also subject to zoning ordinances,if any.

Section 3. That all documents nec-essary to complete the conveyanceauthorized by this ordinance shallbe executed within six (6) monthsof the effective date of this ordi-nance. If all of the documents arenot executed within six (6) monthsof the effective date of this ordi-nance, or such additional time asmay be granted by the Director ofCommunity Development, this ordi-nance shall be repealed and shall beof no further force or effect.

Section 4. That the considerationfor the subject parcel shall be estab-lished by the Board of Control andshall be not less than Fair MarketValue taking into account suchterms and conditions, restrictionsand covenants as are deemed nec-essary or appropriate.

Section 5. That the conveyanceauthorized hereby shall be made byofficial deed prepared by the Direc-tor of Law and executed by theMayor on behalf of the City of Cleve-land. The deed shall contain suchprovisions as may be necessary toprotect and benefit the public inter-est including such restrictive cove-nants and reversionary interests asmay be specified by the Board ofControl, the Director of CommunityDevelopment or the Director of Law.

Section 6. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed March 29, 2010.Effective March 31, 2010.

Ord. No. 215-10.By Council Member Pruitt.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located at 14910 Edgewood Ave-nue to Constance J. Hollinger.

Whereas, the City of Clevelandhas elected to adopt and implementthe procedures under Chapter 5722of the Ohio Revised Code to facili-tate reutilization of nonproductivelands situated within the City ofCleveland; and

Whereas, real property acquiredunder the City’s Land ReutilizationProgram is acquired, held, adminis-tered and disposed by the City ofCleveland through its Department ofCommunity Development under theterms of Chapter 5722 of the OhioRevised Code and Section 183.021 ofCodified Ordinances of the City ofCleveland, 1976; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That under Section183.021 of the Codified Ordinances ofCleveland, Ohio 1976, the Commis-sioner of Purchases and Supplies isauthorized to sell the real property,more fully described below, to Con-stance J. Hollinger.

Section 2. That the real propertyto be sold pursuant to this ordinanceis more fully described as follows:

P. P. No. 139-15-103Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio: and known as being Sublot No.705, in the Shaker Overlook LandCompany’s Subdivision, of part ofOriginal Warrensville Township LotNos. 51, 52, 61 and 62, as shown bythe recorded plat in Volume 65 ofMaps, Page 36 of Cuyahoga CountyRecords, and being 40 feet front onthe Southerly side of Edgewood Ave-nue, S.E. and extending back 131.95feet deep on the Westerly line,132.12 feet deep on the Easterly line,and being 40 feet in the rear, asappears by said plat, be the samemore or less, but subject to all legalhighways.

Section 3. That all documents nec-essary to complete the conveyanceauthorized by this ordinance shallbe executed within six (6) monthsof the effective date of this ordi-nance. If all of the documents arenot executed within six (6) monthsof the effective date of this ordi-nance, or such additional time asmay be granted by the Director ofCommunity Development, this ordi-nance shall be repealed and shall beof no further force or effect.

Section 4. That the considerationfor the subject parcel shall be estab-lished by the Board of Control andshall be not less than Fair MarketValue taking into account suchterms and conditions, restrictionsand covenants as are deemed nec-essary or appropriate.

Section 5. That the conveyanceauthorized hereby shall be made byofficial deed prepared by the Direc-tor of Law and executed by theMayor on behalf of the City ofCleveland. The deed shall containsuch provisions as may be necessaryto protect and benefit the publicinterest including such restrictivecovenants and reversionary inter-ests as may be specified by theBoard of Control, the Director ofCommunity Development or theDirector of Law.

Section 6. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed March 29, 2010.Effective March 31, 2010.

Ord. No. 333-10.By Council Members Cimperman,

Brancatelli and Sweeney (by depart-mental request).

An emergency ordinance authoriz-ing the Directors of Community De-velopment and Economic Develop-ment to enter into a third amendmentto Contract No. 56526 originally withMarshall-Magnate Building, LTD, alimited partnership, to change certainterms of the agreement.

Whereas, on August 22, 2000, theDirectors of Community Develop-ment and Economic Developmententered into Contract No. 56526 withMarshall-Magnate Building, LTD, alimited partnership, (the Contract)to provide a $300,000 UDAG Repay-ments Loan for partial financialassistance for the acquisition andredevelopment of the MarshallBuilding located at 1211 West NinthStreet into approximately 41 units ofrental housing; and

Whereas, on May 1, 2001, theDirectors of Community Develop-ment and Economic Developmententered into a first amendment tothe Contract to allow a change inownership, allow additional sourcesof financing, and made other modi-fications to the contract; and

Whereas, on March 6, 2002, underthe authority of Ordinance Number1910-01, passed November 26, 2001,the Directors of Community Devel-opment and Economic Developmententered into a second amendment to

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the Contract to revise the loanterms; and

Whereas, Marshall-Magnate Build-ing, LTD has requested that the Citymodify and enter into a third amend-ment to the Contract to allow them torefinance the original HUD insuredfirst position loan with a new HUDinsured loan, agree to the subordina-tion of the City’s mortgage subject toa new HUD rider, allow a change ofentity name to Marshall-MagnateBuilding LLC, and make otherchanges as agreed to by the Directorsof Community Development, EconomicDevelopment, and Law; and

Whereas, the City and this Councilwish to allow the modifications; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Directors ofCommunity Development and Eco-nomic Development are authorizedto enter into an amendment to Con-tract No. 56526 with Marshall-Mag-nate Building, LTD and/or Marshall-Magnate Building LLC, to (1) changethe name of Marshall-MagnateBuilding, LTD; (2) enter into a sub-ordination agreement; (3) modifyany existing Intercreditor Agree-ments; (4) amend the loan collater-al and security positions; and (5)make such other changes as theydeem necessary to allow the refi-nance of the existing first mortgageloan.

Section 2. That the terms of theloan shall be in accordance with theterms as set forth in the Summarycontained in File No. 333-10-A.

Section 3. That the amendmentand related documents shall be pre-pared by the Director of Law andshall contain terms and provisionsas the Director of Law deems nec-essary to protect and benefit thepublic interest.

Section 4. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed March 29, 2010.Effective March 31, 2010.

Ord. No. 357-10.By Council Members Cimperman and

Sweeney (by departmental request).An emergency ordinance authoriz-

ing the Director of Public Health toapply for and accept a grant fromthe Sisters of Charity Foundationand Mount Sinai Health Care Foun-dation for the 2010 Cleveland Minor-ity Health Grant.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director ofPublic Health is authorized to applyfor and accept a grant in theapproximate amount of $35,000, andany other funds that may become

available during the grant termfrom the Sisters of Charity Founda-tion and Mount Sinai Health CareFoundation; that the Director isauthorized to file all papers andexecute all documents necessary toreceive the funds under the grant;and that the funds are appropriatedfor the purposes described in thesummary for the grant contained inthe file described below.

Section 2. That the summary forthe grant, File No. 357-10-A, made apart of this ordinance as if fullyrewritten, as presented to theFinance Committee of this Councilat the public hearing on this legis-lation, is approved in all respectsand shall not be changed withoutadditional legislative authority.

Section 3. That the Director ofPublic Health shall have the author-ity to extend the term of the grantduring the grant term.

Section 4. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed March 29, 2010.Effective March 31, 2010.

Ord. No. 416-10.By Council Member Pruitt.An emergency ordinance authoriz-

ing the Director of the Departmentof Community Development to enterinto an agreement with the MountPleasant Community Zone for thePromise Academy After-School Pro-gram through the use of Ward 1Neighborhood Equity Funds.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That the Director of theDepartment of Community Develop-ment be authorized to enter into anagreement effective January 11,2010 with the Mount Pleasant Com-munity Zone for the Promise Acad-emy After-school Program for thepublic purpose of providing after-school education activities to youthresiding in the city of Clevelandthrough the use of Ward 1 Neigh-borhood Equity Funds.

Section 2. That the cost of saidcontract shall be in an amount notto exceed $40,000 and shall be paidfrom Fund No. 10 SF 166.

Section 3. That the Director ofLaw shall prepare and approve saidcontract and that the contract shallcontain such terms and provisionsas he deems necessary to protect theCity’s interest.

Section 4. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed March 29, 2010.Effective March 31, 2010.

Ord. No. 421-10.By Council Member Cimperman.An emergency ordinance consent-

ing and approving the issuance of apermit for the Providence HouseAnnual City to City Run, on April11, 2010, sponsored by Hermes Sports& Events Inc.

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That pursuant to Sec-tion 411.06 of the Codified Ordi-nances of Cleveland, Ohio 1976, thisCouncil consents to and approvesthe holding of the ProvidenceHouse Annual City to City Run onApril 11, 2010 with the Run begin-ning at Huron and West 2nd, Huronto Superior, Superior across Veter-ans Memorial Bridge to Detroit,Detroit to West 28th, West 28th toFulton, Fulton to West 32nd, West32nd to Lorain, cross Lorain (turnaround) return same route to finish,provided that the applicant sponsorshall meet all the requirements ofSection 411.05 of the Codified Ordi-nances of Cleveland, Ohio, 1976.Streets may be closed as deter-mined by the Chief of Police andsafety forces as may be necessaryin order to protect the participantsin the event. Said permit shall fur-ther provide that the City of Cleve-land shall be fully indemnifiedfrom any and all liability resultingfrom the issuance of the same, tothe extent and in form satisfactoryto the Director of Law.

Section 2. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise, itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed March 29, 2010.Effective March 31, 2010.

COUNCIL COMMITTEE

MEETINGS

Tuesday, April 6, 20109:30 a.m.

Community and Economic Devel-opment Committee: Present: Bran-catelli, Chair; Dow, Vice Chair; Cim-perman, Pruitt, Westbrook. Autho-rized Absence: Cummins, J. Johnson,Miller, Zone.

Wednesday, April 7, 201010:00 a.m.

Public Safety Committee: Present:Conwell, Chair; Polensek, Vice Chair;Brady, Cleveland, Cummins, Dow,Mitchell, Zone. Authorized Absence:Miller.

1:30 p.m.

Public Utilities Committee: Present:Kelley, Chair; Brady, Vice Chair;Conwell, Cummins, Dow, Polensek,Pruitt, Westbrook. Authorized Absence:Mitchell.

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IndexO—Ordinance; R—Resolution; F—File

Bold figures—Final Publication; D—Defeated; R—Reprint; T—Tabled; V—Vetoed;

Bold type in sections indicates amendments

Agreements

Promise Academy After-School Program — Community Development (Ward 01 NEF)

(O 416-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471

Appropriations

Appropriations — Year 2010 (O 158-10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 462

Board of Building Standards and Building Appeals

Arthur Avenue, 10718, (Ward 6) — Deirdre J. Laur, owner — appeal adopted on 3/17/10

(Doc. A-344-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457

Douse Avenue, 4467, (Ward 5) — Linda and Terry Moore, owner — appeal resolved

on 3/17/2010 (Doc. A-359-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456

Douse Avenue, 4490, (Ward 5) — Pete & Steve Burczak, owner — appeal resolved on 3/17/2010

(Doc. A-385-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456

East 120th Street, 1898, (Ward 4) — Valerie A. Corbo, owner — appeal resolved

on 3/17/2010 (Doc. A-358-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455

East 121st Street, 2929, (Ward 4) — Clotheil Hawk, owner — extension of time granted on

3/17/10 (Doc. A-161-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457

East 124th Street, 2795, (Ward 6) — Corrine P. Croom, owner — appeal adopted on 3/17/10

(Doc. A-342-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457

East 130th Street, 914, (Ward 10) — Shirley A. Ward, owner — appeal adopted on 3/17/10

(Doc. A-352-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457

East 141st Street, 4100, (Ward 1) — Lonesore Chaney, owner — appeal adopted on 3/17/10

(Doc. A-353-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457

East 152nd Street, 631, (Ward 11) — Mile Brkic, owner — appeal resolved on 3/17/2010 (Doc. A-355-09) . . . . . . . . . 455

East 154th Street, 3835, (Ward 1) — David G. Williams, owner — appeal adopted on 3/17/10

(Doc. A-354-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457

East 4th Street, 2071, (Ward 3) — Graves Restaurant LLC/MRN, owner — appeal adopted on

3/17/10 (Doc. A-36-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457

East 61st Street, 2962, (Ward 12) — Scott E. Hufford, owner — appeal resolved

on 3/17/2010 (Doc. A-356-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455

East 70th Street, 1538, (Ward 7) — The Loan Place, owner — appeal adopted on 3/17/10

(Doc. A-347-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457

East 92nd Street, 1350, (Ward 7) — Brianna Penley, owner — appeal resolved on 3/17/2010

(Doc. A-365-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456

East 9th Street, 2000-2030, (Ward 3) — Schofield Properties, LLC owner — appeal resolved

on 3/17/2010 (Doc. A-32-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456

East Boulevard, 10820, (Ward 8) — University Circle Inc., owner — appeal adopted on

3/17/10 (Doc. A-49-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457

Easton Avenue, 9516, (Ward 5) — Valerie Siggers, owner — appeal resolved on 3/17/2010 (Doc. A-361-09) . . . . . . 456

Euclid Avenue, 629, (Ward 3) — MRN Development—Rick Maron, owner — appeal resolved

on 3/17/2010 (Doc. A-53-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457

Euclid Avenue, 6806, (Ward 7) — 6820 Euclid Ltd., LLC, owner — appeal resolved on

3/17/2010 (Doc. A-362-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456

Fairport Avenue, 11706, (Ward 9) — Jon D. Patterson, owner — appeal adopted on 3/17/10 (Doc. A-350-09). . . . . . 457

Franklin Avenue, 5209, (Ward 15) — West Bethel Baptist Church, owner — appeal resolved

on 3/17/2010 (Doc. A-346-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455

Independence Road, 2900, (Ward 3) — Deirdre J. Laur, owner — appeal adopted on 3/17/10 (Doc. A-343-09) . . . . . 457

Lakeview Road, 736, (Ward 9) — Tree of Knowledge Learning Center Inc. c/o Jackson Comfort

Systems, owner — appeal adopted on 3/17/10 (Doc. A-30-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457

Marvin Avenue, 2705, (Ward 14) — David Sharkey & Keith Brown, owner — appeal withdrawn

on 3/17/2010 (Doc. A-357-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455

Mistletoe Drive, 1619, (Ward 9) — Case Western Reserve University, owner — appeal

withdrawn on 3/17/2010 (Doc. A-364-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456

Nottingham Road, 19306, (Ward 11) — Kalitti LLC, owner — appeal resolved on 3/17/2010 (Doc. A-436-09) . . . . . . 456

Rowley Avenue, 1901, (Ward 14) — Gren Apple Properties, LLC, owner — appeal resolved on

3/17/2010 (Doc. A-345-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455

St. Clair Avenue, 17222, (Ward 11) — Taryll Luster c/o Pettiegrew Properties, LLC, owner —

appeal resolved on 3/17/2010 (Doc. A-52-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457

West 112th Street, 1331, (Ward 17) — Scott D. Simpkins, owner — appeal resolved on

3/17/2010 (Doc. A-336-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455

West 81st Street, 2009, (Ward 15) — John Peicu, owner — appeal adopted on 3/17/10 (Doc. A-18-10) . . . . . . . . . . . . 457

West 85th Street, 2139, (Ward 15) — Jitendra Kapasi, owner — appeal postponed to 03/31/10

on 3/17/2010 (Doc. A-366-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456

Westland Avenue, 14628, (Ward 18) — Linda V. Wolf, owner — appeal postponed to 03/31/10

on 3/17/2010 (Doc. A-363-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456

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Board of Control — Burke Lakefront Airport Division

Utilize facilities for banner towing operations — Drake Aerial Enterprises, LLC, d.b.a.

Air America Aerial Ads — Dept. of Port Control (BOC Res. 124-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 451

Board of Control — Cleveland Municipal Court

Courts Interactive Voice Response (IVR) system upgrades — per Ord. 1017-02, 104-04

to Network Data Systems, Inc. — Dept. of Finance (BOC Res. 123-10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 451

Board of Control — Community Development Department

East 108th Street, 3673 (Ward 2) — PPN 135-14-005 — Mickey Twymon and Mary Twymon

(BOC Res. 133-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453

East 119th Street and Miles Avenue (southwest corner) (Ward 2) — various parcels — Union

Miles Development Corporation per Ord. 271-10 (BOC Res. 132-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453

East 174th Street, 1108 (Ward 7) — PPN 113-26-066 — HUD/Fannie Mae property — Collinwood

Nottingham Villages Development Corporation (BOC Res. 129-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452

Environmental clean-up of East 71st Street, 3542 (Land Bank Lot #92 — Ward 12) — per Ord.

1377-09 to Great Lakes Construction Company (BOC Res. 128-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452

St. John’s West Family Homes, L.P. — various parcels on scattered sites (Ward 5) per Ord.

269-10 (BOC Res. 130-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453

Thornhill Road and Eddy Road (Ward 10) — PPN 110-11-004/040 — Greater Friendship Baptist

Church per Ord. 1553-09 (BOC Res. 131-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453

Board of Control — Engineering and Construction Division

Kamm’s Corners Streetscape, Phase III — per Ord. 2457-02, 319-09, 1786-09, 367-10

to Terrace Construction Company, Inc. — rejected — Dept. of Public Service

(BOC Res. 125-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452

Kamm’s Corners Streetscape, Phase III — per Ord. 2457-02, 319-09, 1786-09, 367-10 —

all bids rejected — Dept. of Public Service (BOC Res. 134-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454

Board of Control — Finance Department

Courts Interactive Voice Response (IVR) system upgrades — per Ord. 1017-02, 104-04

to Network Data Systems, Inc. — Cleveland Municipal Court (BOC Res. 123-10) . . . . . . . . . . . . . . . . . . . . . . . . . 451

Board of Control — Land Reutilization Program

East 108th Street, 3673 (Ward 2) — PPN 135-14-005 — Mickey Twymon and Mary Twymon

(BOC Res. 133-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453

East 119th Street and Miles Avenue (southwest corner) (Ward 2) — various parcels — Union

Miles Development Corporation per Ord. 271-10 (BOC Res. 132-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453

East 174th Street, 1108 (Ward 7) — PPN 113-26-066 — HUD/Fannie Mae property — Collinwood

Nottingham Villages Development Corporation (BOC Res. 129-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452

Environmental clean-up of East 71st Street, 3542 (Land Bank Lot #92 — Ward 12) — per Ord.

1377-09 to Great Lakes Construction Company — Dept. of Community Development

(BOC Res. 128-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452

St. John’s West Family Homes, L.P. — various parcels on scattered sites (Ward 5) per Ord.

269-10 (BOC Res. 130-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453

Thornhill Road and Eddy Road (Ward 10) — PPN 110-11-004/040 — Greater Friendship Baptist

Church per Ord. 1553-09 (BOC Res. 131-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453

Board of Control — Parks, Recreation and Properties Department

Elevator maintenance and repair — amend BOC Res. 467-09 — rejected — Division of Property

Management (BOC Res. 126-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452

Roberto Clemente Park concession building — per Ord. 1513-05, 451-08 to Schalmo Builders,

Inc. (BOC Res. 127-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452

Board of Control — Port Control Department

Utilize facilities for banner towing operations — Drake Aerial Enterprises, LLC, d.b.a.

Air America Aerial Ads — Division of Burke Lakefront Airport (BOC Res. 124-10) . . . . . . . . . . . . . . . . . . . . . . . 451

Board of Control — Professional Service Contracts

Courts Interactive Voice Response (IVR) system upgrades — per Ord. 1017-02, 104-04

to Network Data Systems, Inc. — Cleveland Municipal Court, Dept. of Finance

(BOC Res. 123-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 451

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Board of Control — Property Management Division

Elevator maintenance and repair — amend BOC Res. 467-09 — rejected — Dept. of Parks,

Recreation and Properties (BOC Res. 126-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452

Board of Control — Public Improvement Contracts

Environmental clean-up of East 71st Street, 3542 (Land Bank Lot #92 — Ward 12) — per Ord.

1377-09 to Great Lakes Construction Company — Dept. of Community Development

(BOC Res. 128-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452

Kamm’s Corners Streetscape, Phase III — per Ord. 2457-02, 319-09, 1786-09, 367-10

to Terrace Construction Company, Inc. — rejected — Division of Engineering and

Construction, Dept. of Public Service (BOC Res. 125-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452

Roberto Clemente Park concession building — per Ord. 1513-05, 451-08 to Schalmo Builders,

Inc. — Dept. of Parks, Recreation and Properties (BOC Res. 127-10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452

Board of Control — Public Service Department

Kamm’s Corners Streetscape, Phase III — per Ord. 2457-02, 319-09, 1786-09, 367-10

to Terrace Construction Company, Inc. — rejected — Division of Engineering and

Construction (BOC Res. 125-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452

Kamm’s Corners Streetscape, Phase III — per Ord. 2457-02, 319-09, 1786-09, 367-10 — all

bids rejected — Division of Engineering and Construction (BOC Res. 134-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . 454

Board of Control — Requirement Contracts

Elevator maintenance and repair — amend BOC Res. 467-09 — rejected — Division of Property

Management, Dept. of Parks, Recreation and Properties (BOC Res. 126-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452

Board of Control — Roberto Clemente Park

Concession building — per Ord. 1513-05, 451-08 to Schalmo Builders, Inc. — Dept. of

Parks, Recreation and Properties (BOC Res. 127-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452

Board of Zoning Appeals — Report

East 81st Street, 1184, (Ward 7) — Te’aira Cunningham, owners — appeal denied and adopted

on 4/6/10 (Cal. 10-30) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455

East 9th Street, 2000-30, (Ward 3) — Schofield Propeties, LLC, and Euclid-Ninth

Investors, LLC, owners — appeal granted and adopted on 4/6/10 (Cal. 10-28) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455

Franklin Boulevard, 5702, (Ward 15) — Lynnhaven Development Group LLC, owner —

appeal heard on 4/6/2010 (Cal. 10-35) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455

Lake Avenue, 9509, (Ward 16) — St. Thomas Lutheran Church, owner — appeal heard on

4/6/2010 (Cal. 10-33). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454

Lorain Avenue, 6410-14, (Ward 15) — Sue Papadopoulos, owner and Greenwich Village Real

Estate, LLC — appeal granted and adopted on 4/6/10 (Cal. 10-25) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455

Mayfield Road, 12200, (Ward 9) — Roseanne Passalacqua, owner — appeal heard on 4/6/2010

(Cal. 10-29) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454

Board of Zoning Appeals — Schedule

Lakeshore Boulevard, 17570, (Ward 11) — CMR Properties, owner, and

Larry Jackson, lessee — appeal to be heard on 4/19/10 (Cal. 10-38). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454

Lorain Avenue, 13835, (Ward 18) — Jesse Adkins dba Fat Boys Sports Bar, Inc.,

owner — appeal to be heard on 4/19/10 (Cal. 10-41) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454

Old Grayton Road, 4914, (Ward 18) — Canal Road Partners, owner, and Clear Channel

Outdoor, lessee — appeal to be heard on 4/19/10 (Cal. 10-37). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454

St. Clair Avenue, 16569, (Ward 11) — Calabrese & Masonry Contractor, Inc., owner,

and Utilitites Equipment & Supply Company, lessee — appeal to be heard on 4/19/10

(Cal. 10-34) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454

Budget

Appropriations — Year 2010 (O 158-10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 462

City of Cleveland Bids

Riveredge Parking Lot expansion (WBS No. D-426-3) — Department of Port Control —

Division of Cleveland Hopkins International Airport — per Ord. 905-09 —

bid due May 12, 2010 (advertised 3/31/2010 and 4/7/2010) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458

Roof replacement at former Coast Guard Station Boat House and Quarters Building —

Department of Public Service — Division of Architecture — per Ord. 555-09 — bid due

April 22, 2010 (advertised 3/31/2010 and 4/7/2010) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457

Terminal Building Terrazzo Flooring Project (WBS No. A-401-3) — Department of Port

Control — Division of Cleveland Hopkins International Airport — per Ord. 359-05 —

bid due May 12, 2010 (advertised 3/31/2010 and 4/7/2010) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458

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Codified Ordinances

Enacting new Sect(s)187A.01 to 187A.06 and 187A.99 — Local Producer, Local-Food Purchaser,

and Sustainable Business Preference Code (O 1660-A-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 460

Community Development

Amend Contract No. 56526 — Marshall-Magnate Building, LTD (O 333-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470

East 141st St., 4150 — PPN 138-12-048 — Land Reutilization Program — Ferrel Ridgeway

(Ward 01) (O 214-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470

Edgewood Ave., 14910 — PPN 139-15-103 — Land Reutilization Program — Constance J. Hollinger

(Ward 01) (O 215-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470

Promise Academy After-School Program — agreement (Ward 01 NEF) (O 416-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . 471

Community Development Block Grant Program

East 141st St., 4150 — PPN 138-12-048 — Land Reutilization Program — Ferrel Ridgeway

(Ward 01) (O 214-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470

Contracts

Amend Contract No. 56526 — Marshall-Magnate Building, LTD (O 333-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470

Econmic Development Department

Amend Contract No. 56526 — Marshall-Magnate Building, LTD (O 333-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470

Finance Department

Appropriations — Year 2010 (O 158-10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 462

Enacting new Sect(s)187A.01 to 187A.06 and 187A.99 — Local Producer, Local-Food Purchaser,

and Sustainable Business Preference Code (O 1660-A-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 460

Grants

Bulletproof Vest Grant, 2009 — U.S. Department of Justice, Bureau of Justice Assistance

(O 202-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469

Cleveland High Visibility Enforcement Overtime Program, 2010 — University Hospital

(O 198-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469

Cleveland Minority Health Grant, 2010 — Sisters of Charity Foundation & Mount Sinai Health

Care Foundation (O 357-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471

Cuyahoga County OVI Task Force Program, 2010 — University Hospitals (O 197-10) . . . . . . . . . . . . . . . . . . . . . . . . . 469

Recovery Act State Byrne Memorial Assistance Grant, Northern Ohio Violent Crime Consortium,

2009 — Ohio Office of Criminal Justice Services (O 200-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469

Health Care Coverage

Health Care (R 417-10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458

Health Department

Cleveland Minority Health Grant, 2010 — Grants — Sisters of Charity Foundation & Mount

Sinai Health Care Foundation (O 357-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471

House Bill

HB 276 — reform the regulation of telecommunications services in Ohio (R 415-10) . . . . . . . . . . . . . . . . . . . . . . . . . . 458

Land Reutilization Program

East 141st St., 4150 — PPN 138-12-048 — Ferrel Ridgeway (Ward 01) (O 214-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470

Edgewood Ave., 14910 — PPN 139-15-103 — Constance J. Hollinger (Ward 01) (O 215-10) . . . . . . . . . . . . . . . . . . . . . . 470

Liquor Permits

East 131st St., 4005-07 — withdraw objection to renewal — repeal Res. 1144-09 (Ward 02)

(R 420-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459

East 140th St., 831 — objection to transfer of ownership (Ward 10) (R 419-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459

Independence Rd., 3578 — withdraw objection to transfer of ownership and renewal — repeal

Res. 1280-09 & Res. 937-09 (Ward 12) (R 418-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459

Neighborhood Equity Funds

Promise Academy After-School Program — agreement — Community Development (Ward 01 NEF)

(O 416-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471

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Page 28: The City Record - Home | Cleveland-Cuyahoga County …cccfoodpolicy.org/sites/default/files/resources/The City Record... · Fire – Paul A. Stubbs, Chief, 1645 Superior Avenue

Permits

Annual City to City Run — April 11th — Hermes Sports & Events Inc. (Ward 03) (O 421-10) . . . . . . . . . . . . . . . . . . . 471

Regional Transit Authority

RTA — Not to discontinue # 50 Bus Service Line (R 422-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459

Resolution of Support

HB 276 — reform the regulation of telecommunications services in Ohio (R 415-10) . . . . . . . . . . . . . . . . . . . . . . . . . . 458

Health Care (R 417-10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458

Resolutions — Miscellaneous

HB 276 — reform the regulation of telecommunications services in Ohio (R 415-10) . . . . . . . . . . . . . . . . . . . . . . . . . . 458

Health Care (R 417-10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458

RTA — Not to discontinue # 50 Bus Service Line (R 422-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459

Safety Department

Bulletproof Vest Grant, 2009 — Grant — U.S. Department of Justice, Bureau of Justice

Assistance (O 202-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469

Cleveland High Visibility Enforcement Overtime Program, 2010 — Grant — University Hospital

(O 198-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469

Cuyahoga County OVI Task Force Program, 2010 — Grant — University Hospitals

(O 197-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469

Recovery Act State Byrne Memorial Assistance Grant, Northern Ohio Violent Crime Consortium,

2009 — Grant — Ohio Office of Criminal Justice Services (O 200-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469

Service Department

Annual City to City Run — permit — April 11th — Hermes Sports & Events Inc. (Ward 03) (O 421-10) . . . . . . . . . . 471

Ward 01

East 141st St., 4150 — PPN 138-12-048 — Land Reutilization Program — Ferrel Ridgeway (O 214-10). . . . . . . . . . . . 470

Edgewood Ave., 14910 — PPN 139-15-103 — Land Reutilization Program — Constance J. Hollinger

(O 215-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470

Promise Academy After-School Program — agreement — Community Development (Ward 01 NEF)

(O 416-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471

Ward 02

East 131st St., 4005-07 — withdraw objection to renewal — repeal Res. 1144-09 — liquor permit (R 420-10) . . . . . . . 459

Health Care (R 417-10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458

Ward 03

Annual City to City Run — permit — April 11th — Hermes Sports & Events Inc. (O 421-10) . . . . . . . . . . . . . . . . . . . . 471

Ward 06

Health Care (R 417-10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458

Ward 08

Health Care (R 417-10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458

Ward 10

East 140th St., 831 — objection to transfer of ownership — liquor permit (R 419-10) . . . . . . . . . . . . . . . . . . . . . . . . . . 459

Health Care (R 417-10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458

Ward 12

Independence Rd., 3578 — withdraw objection to transfer of ownership and renewal — repeal

Res. 1280-09 & Res. 937-09 — liquor permit (R 418-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459

Ward 16

Health Care (R 417-10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458

Ward 17

Health Care (R 417-10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458

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