The City Record

The City Record

Official Publication of the Council of the City of Cleveland

April the Ninth, Two Thousand and Eight

Frank G. Jackson

Mayor

Martin J. Sweeney

President of Council

Patricia J. Britt

City Clerk, Clerk of Council

Ward

Name

1 Nina Turner 2 Robert J. White

3 Zachary Reed

4 Kenneth L. Johnson 5 Phyllis E. Cleveland

6 Mamie J. Mitchell

7 Fannie M. Lewis 8 Sabra Pierce Scott

9 Kevin Conwell 10 Roosevelt Coats 11 Michael D. Polensek

12 Anthony Brancatelli 13 Joe Cimperman 14 Joseph Santiago

15 Brian J. Cummins 16 Kevin J. Kelley 17 Matthew Zone

18 Jay Westbrook 19 Dona Brady 20 Martin J. Sweeney

21 Martin J. Keane

The City Record is available online at

Containing

PAGE

City Council

3

The Calendar

17

Board of Control

18

Civil Service

20

Board of Zoning Appeals 20

Board of Building Standards

and Building Appeals 21

Public Notice

22

Public Hearings

22

City of Cleveland Bids

22

Adopted Resolutions

and Ordinances

24

Committee Meetings

37

Index

38

DIRECTORY OF CITY OFFICIALS

CITY COUNCIL ? LEGISLATIVE

President of Council ? Martin J. Sweeney

Ward

Name

Residence

1 Nina Turner..................................................16204 Sunny Glen Avenue 2 Robert J. White .................................................9703 Cardwell Avenue 3 Zachary Reed .....................................................3734 East 149th Street 4 Kenneth L. Johnson...............................................2948 Hampton Road 5 Phyllis E. Cleveland .............................................2369 East 36th Street 6 Mamie J. Mitchell.................................12701 Shaker Boulevard, #712 7 Fannie M. Lewis.........................................................7416 Star Avenue 8 Sabra Pierce Scott.................................................1136 East 98th Street 9 Kevin Conwell ..................................................10647 Ashbury Avenue 10 Roosevelt Coats ....................................................1775 Cliffview Road 11 Michael D. Polensek..............................................17855 Brian Avenue 12 Anthony Brancatelli..................................................6924 Ottawa Road 13 Joe Cimperman....................................................3053 West 12th Street 14 Joseph Santiago ...................................................3169 West 14th Street 15 Brian J. Cummins ............................................3104 Mapledale Avenue 16 Kevin J. Kelley ..............................................6608 Woodhaven Avenue 17 Matthew Zone .....................................................1228 West 69th Street 18 Jay Westbrook ...................................................1278 West 103rd Street 19 Dona Brady ..........................................................1272 West Boulevard 20 Martin J. Sweeney.............................................3632 West 133rd Street 21 Martin J. Keane......................................................15907 Colletta Lane

44128 44105 44120 44120 44105 44120 44103 44108 44106 44112 44119 44105 44113 44109 44109 44144 44102 44102 44102 44111 44111

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

MAYOR ? Frank G. Jackson Ken Silliman, Secretary to the Mayor, Chief of Staff Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs Monyka S. Price, Executive Assistant to the Mayor, Chief of Education Maureen Harper, Executive Assistant to the Mayor, Chief of Communications Andrea V. Taylor, Executive Assistant to the Mayor, Press Secretary Debra Linn Talley, Director, Office of Equal Opportunity

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

DEPT. OF FINANCE ? Sharon Dumas, Director, Room 104; Frank Badalamenti, Manager, Internal Audit

DIVISIONS: Accounts ? Richard W. Sensenbrenner, Commissioner, Room 19 Assessments and Licenses ? Dedrick Stephens, Commissioner, Room 122 City Treasury ? Algeron Walker, Treasurer, Room 115 Financial Reporting and Control ? James Gentile, Controller, Room 18 Information Technology and Services ? Douglas Divish, Commissioner, 205 W. St. Clair

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

DEPT. OF PUBLIC UTILITIES ? Barry A. Withers, Interim Director, 1201 Lakeside Avenue

DIVISIONS ? 1201 Lakeside Avenue Cleveland Public Power ? Ivan Henderson, Commissioner Street Lighting Bureau ? ______________, Acting Chief Utilities Fiscal Control ? Dennis Nichols, Commissioner Water ? John Christopher Nielson, Commissioner Water Pollution Control ? Ollie Shaw, Commissioner

DEPT. OF PORT CONTROL ? Ricky D. Smith, Director Cleveland Hopkins International Airport, 5300 Riverside Drive Burke Lakefront Airport ? Khalid Bahhur, Commissioner Cleveland Hopkins International Airport ? Fred Szabo, Commissioner

DEPT. OF PUBLIC SERVICE ? Jomarie Wasik, Director, Room 113

DIVISIONS: Architecture ? Kurt Wiebusch, Commissioner, Room 517 Engineering and Construction ? Randall E. DeVaul, Commissioner, Room 518 Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard Yards Streets ? Randell T. Scott, Commissioner, Room 25 Traffic Engineering ? Robert Mavec, Commissioner, 4150 East 49th Street, Building #1 Waste Collection and Disposal ? Ron Owens, Commissioner, 5600 Carnegie Avenue

DEPT. OF PUBLIC HEALTH ? Matt Carroll, Director, Mural Building, 1925 St. Clair Ave. DIVISIONS: Air Quality ? Richard L. Nemeth, Commissioner Environment ? Willie Bess, Commissioner, Mural Building, 1925 St. Clair Ave. Health ? Anjou Parekh, Commissioner, Mural Building, 1925 St. Clair Ave.

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

DEPT. OF PARKS, RECREATION & PROPERTIES ? Michael Cox, Director Cleveland Convention Center, Clubroom A, 1220 East 6th Street DIVISIONS: Convention Center & Stadium ? James Glending, Commissioner Public Auditorium, East 6th Street and Lakeside Avenue Parking Facilities ? Leigh Stevens, Commissioner Public Auditorium, East 6th Street and Lakeside Avenue Park Maintenance and Properties ? Richard L. Silva, Commissioner Public Auditorium ? East 6th Street and Lakeside Avenue Property Management ? Tom Nagle, Commissioner, East 49th Street & Harvard Recreation ? Kim Johnson, Commissioner, Room 8 Research, Planning & Development ? Mark Fallon, Commissioner, 1501 N. Marginal Road Burke Lakefront Airport

DEPT. OF COMMUNITY DEVELOPMENT ? Daryl Rush, Director, 3rd Floor, City Hall DIVISIONS: Administrative Services ? Terrence Ross, Commissioner Neighborhood Services ? Louise V. Jackson, Commissioner Neighborhood Development ? Joseph A. Sidoti, Commissioner

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

DEPT. OF PERSONNELAND HUMAN RESOURCES ? Trudy Hutchinson, Director, Room 121

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

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

DEPT. OF CONSUMER AFFAIRS ? Angel Guzman, Director

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

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

SINKING FUND COMMISSION ? Frank G. Jackson, President; Council President Martin J. Sweeney; Betsy Hruby, Asst. Sec'y.; Sharon Dumas, Director.

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

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

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

BOARD OF SIDEWALK APPEALS ? Service Director Jomarie Wasik, Law Director Robert J. Triozzi; Councilman ______________.

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

CITY PLANNING COMMISSION ? Room 501 ? Robert N. Brown, Director; Anthony J. Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean Pinkney, Norman Krumholz, Council Member Joe Cimperman.

FAIR CAMPAIGN FINANCE COMMISSION ? Chris Warren, C. Ellen Connally, Hillary S. Taylor.

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

FAIR HOUSING BOARD ? Charles See, Chair; _________, Vice Chair; Daniel Conway, Doris Honsa, Lisa Camacho.

HOUSING ADVISORY BOARD ? Room 310 ? Keith Brown, Terri Hamilton Brown,Vickie Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, David Perkowski, Joan Shaver Washington, Keith Sutton.

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

MORAL CLAIMS COMMISSION ? Law Director Robert J. Triozzi; Chairman; Finance Director Sharon Dumas; Council President Martin J. Sweeney; Councilman Kevin Kelley; Councilman Nina Turner.

POLICE REVIEW BOARD ? Thomas Jones, Board Chair Person; Vernon Collier, Vermel Whalen, Nancy Cronin, Elvin Vauss.

CLEVELAND LANDMARKS COMMISSION ? Room 519 ? Laura M. Bala, Chair; Jennifer Coleman, Vice Chair; Robert N. Brown, Council Member Joe Cimperman, Thomas Coffey, Robert Jackimowicz; Ari Maron, William Mason, Michael Rastatter, Jr., John Torres, N. Kurt Wiebusch, Robert Keiser, Secretary.

AUDIT COMMITTEE ? Robert Rawson, Chairman; Yvette Ittu, Debra Janik, Bracy Lewis, Don Neebes, Council President Martin J. Sweeney; Law Director Robert J. Triozzi.

CLEVELAND MUNICIPAL COURT

JUSTICE CENTER ? 1200 ONTARIO STREET

JUDGE COURTROOM ASSIGNMENTS Judge Presiding and Administrative Judge Larry A. Jones Judge Ronald B. Adrine Judge Marilyn B. Cassidy Judge Emanuella Groves Judge Kathleen Ann Keough Judge Anita Laster Mays Judge Lauren C. Moore Judge Charles Patton, Jr. Judge Raymond L. Pianka (Housing Court Judge) Judge Michael John Ryan Judge Angela R. Stokes Judge Pauline H. Tarver Judge Joseph J. Zone

Courtroom 14B 15A 12A 13A 13D 14C 14A 12B 13B 12C 15C 13C 14D

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

The City Record

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 95

WEDNESDAY, APRIL 9, 2008

CITY COUNCIL

MONDAY, APRIL 7, 2008

No. 4922

The City Record

Published weekly by the City Clerk, Clerk of Council under authority of the Charter of the City of Cleveland The City Record is available online at Address all communications to

PATRICIA J. BRITT

City Clerk, Clerk of Council 216 City Hall

PERMANENT SCHEDULE STANDING COMMITTEES

OF THE COUNCIL 2006-2009

MONDAY--Alternating

9:30 A.M. -- Public Parks, Property & Recreation Committee: Johnson, Chair; White, Vice Chair; Brancatelli, Cummins, Kelley, Polensek, Turner.

9:30 A.M. -- Health & Human Services Committee: Brancatelli, Chair; Cleveland, Vice Chair; Conwell, Kelley, Mitchell, Reed, Santiago.

11:00 A.M. -- Public Service Committee: Brady, Chair; Turner, Vice Chair; Cleveland, Cummins, Johnson, Polensek, Reed, Santiago, White.

11:00 A.M. -- Legislation Committee: Cleveland, Chair; Keane, Vice Chair; Cimperman, Lewis, Pierce Scott, Reed, White.

MONDAY

2:00 P.M. -- Finance Committee: Sweeney, Chair; Cimperman, Vice Chair; Brady, Brancatelli, Coats, Conwell, Pierce Scott, Turner, Westbrook, White, Zone.

TUESDAY

9:30 A.M. -- Community and Economic Development Committee: Pierce Scott, Chair; Brancatelli, Vice Chair; Brady, Cimperman, Cummins, Coats, Lewis, Westbrook. Zone.

1:30 P.M. -- Employment, Affirmative Action & Training Committee: Lewis, Chair; Santiago, Vice Chair; Coats, Conwell, Cummins, Johnson, Mitchell.

WEDNESDAY--Alternating

10:00 A.M. -- Aviation & Transportation Committee: Kelley, Chair; Keane, Vice Chair; Brancatelli, Cleveland, Mitchell, Turner, Westbrook.

10:00 A.M. -- Public Safety Committee: Conwell, Chair; Brady, Vice Chair; Coats, Cummins, Kelley, Mitchell, Polensek, Santiago, Turner.

WEDNESDAY--Alternating

1:30 P.M. -- Public Utilities Committee: Zone, Chair; Reed, Vice Chair; Cleveland, Cummins, Keane, Kelley, Polensek, Santiago, Westbrook.

1:30 P.M. -- City Planning Committee: Cimperman, Chair, Westbrook, Vice Chair, Conwell, Keane, Lewis, Reed, Zone.

The following Committees are subject to the Call of the Chair:

Rules Committee: Sweeney, Chair; Cleveland, Kelley, Pierce Scott, Polensek.

Personnel and Operations Committee: Westbrook, Chair; Kelley, Mitchell, Pierce Scott, Santiago, Sweeney, White.

Mayor's Appointment Committee: Coats, Chair; Pierce Scott, Kelley, Sweeney, Westbrook.

OFFICIAL PROCEEDINGS

CITY COUNCIL

______________

Cleveland, Ohio Monday, April 7, 2008 The meeting of the Council was called to order, The President, Martin J. Sweeney, in the Chair. Council Members present: Brady, Brancatelli, Cimperman, Cleveland, Coats, Conwell, Cummins, Johnson, Keane, Kelley, Mitchell, Polensek, Reed, Santiago, Pierce Scott, Sweeney, Westbrook, White and Zone. Also present were Ken Silliman, Chief of Staff; Darnell Brown, Chief Operating Officer; Valarie J. McCall, Chief of Government Affairs; Monyka S. Price, Chief of Education; Maureen Harper, Chief of Communications; Andrea V. Taylor, Press Secretary; Debra Linn Talley, Office of Equal Opportunity; and Directors Triozzi, Smith, Carroll, Flask, Cox, Rush, Rybka, Hutchinson, Nichols, Fumich, Griffin and Interim Director Weathers; Theresa Stevenson, Legislative Liaison.

Pursuant to Ordinance No. 2926-76, a prayer was offered by Rev. Earl Bumgarner, Senior Pastor of the City of God Baptist Fellowship Church, 15210 St. Clair Avenue located in Ward 10. Pledge of Allegiance.

663

MOTION

On the motion of Council Member Mitchell, the reading of the minutes of the last meeting was dispensed with and the journal approved. Seconded by Council President Sweeney.

FROM DEPARTMENT OF LIQUOR CONTROL

File No. 523-08. Re: New Application -- 873808 -- Swift Foods, Inc., d.b.a. Swift Food Mart, 10929 St. Clair Avenue. (Ward 8). Received.

File No. 524-08. Re: Stock Transfer Application -- 6081178 -- Moe's Stop One, Inc., 625 East 140th Street, 1st floor. (Ward 10). Received.

COMMUNICATIONS

File No. 525-08. From Cleveland Housing Network, Inc. Re: Cleveland Green Homes, residential rental development. Received.

File No. 526-08. From Cleveland Housing Network, Inc. Re: Cleveland Green Homes -- East, residential rental development. Received.

File No. 527-08. From Cleveland Housing Network, Inc. Re: Eton and Rugby Hall residential rental development. Received.

File No. 528-08. From Cleveland Housing Network, Inc. Re: Opportunity Housing, LLC scattered side residential development. Received.

File No. 529-08. From Cleveland Housing Network, Inc. Re: Rainbow Apartments, residential rental development. Received.

File No. 530-08. From Dominium Development & Acquisition, LLC, Inc. Re: Lakeshore Village, residential rental development. Received.

File No. 531-08. From Ralph A. Falbo, Inc. Re: Garden Valley Phase II, residential rental development. Received.

File No. 532-08. From Cleveland Thermal, LLC Re: Balance Sheet from the year end audited financial statements for 2007. Received.

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April 9, 2008

File No. 533-08. From Vorys, Sater, Seymour and Pease, LLP -- Revised Tariff Sheets and Appendix A to Cleveland Thermal Steam Distribution.

CONDOLENCE RESOLUTIONS

The rules were suspended and the following Resolutions were adopted by a rising vote:

Res. No. 519-08--Thomas O. Matia. Res. No. 534-08--Rev. Thomas H. Almond. Res. No. 535-08--William E. Morris, Jr. Res. No. 536-08 -- Alfred Patrick Malone. Res. No. 537-08 -- Louise Jones Jackson. Res. No. 538-08--Sean Edward Levert. Res. No. 539-08--Neal R. O'Malley. Res. No. 540-08--Charles Pinzone. Res. No. 541-08--Albert P. Murany. Res. No. 542-08--Rita Carey. Res. No. 543-08--Gertrude Ribbins.

CONGRATULATION RESOLUTIONS

The rules were suspended and the following Resolutions were adopted without objection:

Res. No. 544-08--Hon. Judge John E. Corrigan.

Res. No. 545-08 -- Althea Lee Barnes-Chapman.

Res. No. 546-08--Marlene Stoiber.

FIRST READING EMERGENCY ORDINANCES REFERRED

Ord. No. 498-08. By Council Members Cleveland and Sweeney (by departmental request). An emergency ordinance to amend Section 171.40 of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted by Ordinance No. 418-08, passed March 17, 2008, relating to the use of City credit cards. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Section 171.40 of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted by Ordinance No. 418-08, passed March 17, 2008, is amended to read as follows:

Section 171.40 Use of City Credit Cards

(a) Authorization (1) A credit card held by the Clerk of Council may be used to pay the following work-related expenses of the Clerk, member of Council, and Council staff: A. Transportation expenses while traveling on City business; B. Lodging expenses while traveling on City business; C. Food expenses while traveling on City business; D. Food expenses as authorized by ordinance of Council; and E. Registration, tuition or enrollment expenses for meetings, seminars, conferences, or retreats in con-

nection with the performance of official duties.

(2) A credit card held by the Law Department Docket Clerk or any Law Department attorney may be used to pay the following workrelated expenses:

A. Filing fees required by any court, board or tribunal;

B. Any other cost assessed by a court, board or tribunal other than judgments or settlements.

(3) A credit card held by the Finance Director, or his designee, may be used to pay the following work-related expenses:

A. Transportation expenses while traveling on City business;

B. Lodging expenses while traveling on City business;

C. Food expenses while traveling on City business;

D. Food expenses as authorized by ordinance of Council; and

E. Registration, tuition or enrollment expenses for meetings, seminars, conferences, or retreats and other similar events in connection with City business.

Use of a City credit card for uses other than those listed in division (a) of this section shall be considered an unauthorized use.

Use of a City credit card in a manner inconsistent with any restriction or control placed on the card by the Director of Finance shall be considered an unauthorized use.

(b) No late charges or finance charges shall be allowed as an allowable expense on a City credit card unless authorized by the Director of Finance.

(c) Any debt incurred as a result of the use of a credit card under this section shall be paid from moneys appropriated in the budget to specific appropriation line items of the appointing authority for work-related expenses listed in division (a) of this section.

(d) Use of any credit card under division (a) of this section shall be limited to the amount appropriated in a specific appropriation line item for the permitted use or uses designated in division (a) and not otherwise encumbered.

(e) If the card is issued in the name of a specific officer or employee, that officer or employee is liable in person and upon any official bond of the officer or employee to reimburse the City Treasury for the amount charged to the City beyond the authorized amount or the amount of unauthorized use. If the card is issued to the office of an appointing authority, the appointing authority is liable in person and upon any official bond of the appointing authority for the amount charged to the City beyond the authorized amount or for the amount of unauthorized use.

(f) Any time a City credit card authorized for use under this section is used for more than the amount appropriated and not otherwise unencumbered or is used for an unauthorized use, the City Treasury shall be reimbursed for any amount spent beyond the appropriated, otherwise unencumbered amount, or for the amount of unauthorized use, in the following manner:

664

(1) If the card is issued in the name of a specific officer or employee, that officer or employee is liable in person and upon any official bond of the officer or employee for reimbursing the City Treasury for any amount charged on the card beyond the appropriated, otherwise unencumbered amount or for the amount of the unauthorized use.

(2) If the card is issued in the name of the office of the appointing authority, the appointing authority is liable in person and upon any official bond of the appointing authority for reimbursement for any amount charged on the card beyond the appropriated, otherwise unencumbered amount or for the amount of the unauthorized use.

(g) Whenever any officer or employee who is authorized to use a City credit card or the office of any other county appointing authority suspects the loss, theft, or possibility of unauthorized use of the card, the officer or employee shall notify the Director of Finance and either the officer's or employee's appointing authority immediately and in writing.

(h) If the Director of Finance determines there has been a credit card expenditure beyond the appropriated, otherwise unencumbered or the authorized amount or if the Director of Finance determines that there has been unauthorized use of a credit card, and if the Director of Finance determines that the City Treasury should be reimbursed for credit card expenditures beyond the appropriated, otherwise unencumbered or the authorized amount, or for the amount of the unauthorized use, the Director of Finance shall give written notice to the officer or employee or appointing authority of liability to the City Treasury in accordance with this section. If, within thirty days after issuance of the written notice, the City Treasury is not reimbursed for the amount shown on the written notice, the Director of Law shall recover that amount from the officer or employee or appointing authority who is liable under this section by civil action in any court of appropriate jurisdiction.

(i) Use of a City credit card for any use other than those permitted under division (a) of this section is a violation of Section 2913.21 of the Revised Code.

(j) The Director of Finance may revoke credit card privileges and reclaim the credit cards as the Director deems necessary.

Section 2. That existing Section 171.40 of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted by Ordinance No. 418-08, passed March 17, 2008, repealed.

Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Referred to Directors of Finance; Law; Committees on Legislation, Finance.

April 9, 2008

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5

Ord. No. 499-08. By Council Members Cleveland and Sweeney (by departmental request). An emergency ordinance to amend Section 171.43 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 2153-99, passed March 6, 2000, relating to vehicle mileage allowance. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Section 171.43 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 2153-99, passed March 6, 2000, is amended to read as follows:

Section 171.43 Vehicle Mileage Allowance

In addition to the salary fixed for the position occupied in the City service, any employee whose duties require the use of a motor vehicle, and any person performing the functions of a public office as described in Section 7701(a)(26) of the Internal Revenue Code and authorized by the appointing authority to be eligible for vehicle mileage allowance, may be compensated for the use of his vehicle in the performance of his duties at the rate not to exceed the IRS Standard Rate per mile as set by the Director of Finance and published in the City Record from time to time. The Director of Finance may also establish rules and regulations governing reimbursement for mileage which shall take effect after publication, in the City Record for two consecutive weeks. Nothing in this section shall be deemed to apply to Deputy Bailiffs of the Municipal Court.

Section 2. That existing Section 171.43 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 2153-99, passed March 6, 2000, is repealed.

Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Referred to Directors of Finance; Law; Committees on Legislation, Finance.

Ord. No. 500-08. By Council Members Zone and Sweeney (by departmental request). An emergency ordinance authorizing the Director of Public Utilities to create a Water and Sewer Service Line Residential Service Contract and Protection Plan Program; and authorizing the Director of Public Utilities to employ one or more professionals to develop, market, implement, and manage the program on behalf of the Divisions of Water and Water Pollution Control, for a period of five years, with one option to renew for an additional five-year period, exercisable by the Director of Public Utilities.

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

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

Section 1. That the Director of Public Utilities is authorized to create a Water and Sewer Service Line Residential Service Contract and Protection Plan Program to be administered by a private entity, for the purpose of offering optional protection plan and service contracts to water and sewer residential customers that would cover emergency repairs to their water service lines, sewer service lines, and their existing internal plumbing facilities (the "Program").

Section 2. That the Director of Public Utilities is authorized to employ by contract or contracts one or more professionals or one or more firms of professionals for the purpose of supplementing the regularly employed staff of the several departments of the City of Cleveland in order to provide services necessary to develop, market, implement, and manage the Program described above on behalf of the Divisions of Water and Water Pollution Control (the "Program Service Provider"), for a period of five years, with one option to renew for an additional five-year period, exercisable by the Director of Public Utilities.

The selection of the Program Service Provider for the services shall be made by the Board of Control on the nomination of the Director of Public Utilities from a list of qualified professionals available for employment as may be determined after a full and complete canvass by the Director of Public Utilities for the purpose of compiling a list. The contract or contracts authorized shall be prepared by the Director of Law, approved by the Director of Public Utilities, and certified by the Director of Finance.

Section 3. That the Director of Public Utilities may establish and collect premiums for each plan offered to Program participants and also establish and collect administrative surcharges added to each plan. Both the premiums and the administrative surcharge (collectively, the "Plan Rates") shall be approved by the Board of Control and shall be published in the City Record when changed.

Section 4. That the Director of Public Utilities is authorized to collect the Plan Rates, subsequently remit the premiums to the Program Service Provider, and retain the City's administrative surcharge. The Director of Public Utilities shall deposit the Plan Rates collected under this ordinance into the fund or funds designated by the Director of Finance. In addition, the surcharges collected are appropriated to the Department of Public Utilities for costs associated with administrating the Program.

Section 5. That the contract or contacts shall provide that there will be no additional cost to the City of Cleveland for services performed by the Program Service Provider other than the remittance payments made to them by the City.

665

Section 6. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Referred to Directors of Public Utilities, Finance, Law; Committees on Public Utilities, Finance.

Ord. No. 501-08. By Council Members Kelley, Cimperman and Sweeney (by departmental request). An emergency ordinance determining the method of making the public improvement of constructing a vehicle fueling system at Cleveland Hopkins International Airport; and authorizing the Director of Port Control to enter into one or more public improvement contracts for the making of the improvement. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That, under Section 167 of the Charter of the City of Cleveland, this Council determines to make the public improvement of constructing a vehicle fueling system, for the Division of Cleveland Hopkins International Airport, Department of Port Control, by one or more contracts duly let to the lowest responsible bidder or bidders after competitive bidding for a gross price for the improvement. Section 2. That the Director of Port Control is authorized to enter into one or more contracts for the making of the public improvement with the lowest responsible bidder or bidders after competitive bidding for a gross price for the improvement, provided, however, that each separate trade and each distinct component part of the improvement may be treated as a separate improvement, and each, or any combination, of the trades or components may be the subject of a separate contract for a gross price. On request of the director the contractor shall furnish a correct schedule of unit prices, including profit and overhead, for all items constituting units of the improvement. Section 3. That the cost of the improvement authorized shall be paid from Fund No. 60 SF 001, Request No. 175205. Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Referred to Directors of Port Control, City Planning Commission, Finance, Law; Committees on Aviation and Transportation, City Planning, Finance.

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April 9, 2008

Ord. No. 502-08. By Council Members Kelley and Sweeney (by departmental request). An emergency ordinance authorizing the Director of Port Control to enter into one or more contracts with Era Systems Corporation for professional services necessary to maintain and support the noise monitoring software at Cleveland Hopkins International Airport, including providing and installing upgrades, for a period of two years, with two one-year options to renew, the first of which is exercisable through additional legislative authority. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland:

Section 1. That the Director of Port Control is authorized to enter into one or more contracts with Era Systems Corporation for professional services necessary to maintain and support the noise monitoring software at Cleveland Hopkins International Airport, for a period of two years, with two one-year options to renew, including providing and installing upgrades, on the basis of their proposal dated March 25, 2008, for the Department of Port Control. The first of the one-year options to renew may not be exercised without additional legislative authority. If such additional legislative authority is granted and the first of the oneyear options to renew is exercised, then the second of the one-year options to renew may be exercisable at the option of the Director of Port

Control, without the necessity of obtaining additional authority of this Council. The cost of the contract or contracts shall not to exceed $85,000, and shall be paid from Fund No. 60 SF 001, and from passenger facility charges authorized for this purpose, Request No. 175206.

Section 2. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Referred to Directors of Port Control, Finance, Law; Committees on Aviation and Transportation, Finance.

Ord. No. 503-08. By Council Members Johnson, Cleveland and Sweeney (by departmental request). An emergency ordinance to amend Section 133.29 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 738-06, passed May 15, 2006, relating to golf course rates. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Section 133.29 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 738-06, passed May 15, 2006, is amended to read as follows:

Section 133.29 Golf Course Rates The Director of Parks, Recreation and Properties is authorized to collect the following rates at municipal golf courses and may, subject to Board of Control approval, establish and collect group, promotional, and other reduced rates at municipal golf courses that do not exceed the following listed rates per person: (a) Regular rates. To qualify for City Residency rates, a player must reside in the City of Cleveland and verify residency by providing photo identification and one other item determined by the Commissioner of Recreation to be acceptable proof.

(1)

For City residents:

Monday-Friday

Weekends

9 holes 18 holes

$11.50 $22.00

$12.00 $23.00

(2)

For non-City residents:

Monday-Friday

Weekends

9 holes 18 holes

$12.50 $24.00

$13.00 $25.00

(b) Senior rates: (Applicable before 3:00 p.m. Monday through Friday and after 3:00 p.m. on weekends and holidays). To qualify for senior rates, a player must be at least sixty (60) years old and must provide positive photo identification. To also qualify for City Residency rates, a player must reside in the City of Cleveland and verify residency and age by providing photo identification and one other item determined by the Commissioner of Recreation to be acceptable proof.

(1)

For City residents:

Rate

9 holes 18 holes

$ 8.00 $15.00

(2)

For non-City residents:

Rate

9 holes 18 holes

$ 9.00 $17.00

(c) 18-Hole Special Rate: (Applicable before 3:00 p.m. Monday through Friday and after 3:00 p.m. on weekends and holidays). To qualify for the discounted green fee, a player would be required to rent a riding cart.

(1)

For City residents:

Rate

Regular Senior

666

$18.00 $14.00

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