the city record - dln.com · 3 city council monday, january 4, 2010 official publication of the...

Containing PAGE

City Council 3The Calendar 4Rules of Council 4Board of Control 11Civil Service 12Board of Zoning Appeals 12Board of Building Standards

and Building Appeals 13Public Notice 13Public Hearings 13City of Cleveland Bids 13Adopted Resolutions

and Ordinances 13Committee Meetings 13Index 13

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

January the Sixth, 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

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. 106Karen E. Martines, 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, Interim 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 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 – Omayra G. Feliciano, Acting 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,Gia Hoa Ryan, Rev. Jesse Harris, Magda Gomez, Fred J. Livingstone, Margot JamesCopeland.

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 Joe Cimperman.

FAIR EMPLOYMENT WAGE BOARD – Room 210 – Gerald Meyer, Chair; AngelaCaldwell, Vice Chair; Patrick Gallagher, Kathryn Jackson, Draydean McCaleb, CouncilMember ____________, 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, 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; 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

3

CITY COUNCILMONDAY, JANUARY 4, 2010

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

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

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 SCHEDULESTANDING COMMITTEES

OF THE COUNCIL2010-2013

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. John-son, 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

______________

Cleveland, OhioMonday, January 4, 2010

The meeting of the Council wascalled to order by Clerk of CouncilPro Tempore Sandra Franklin.

Council Members — Elect present:Brady, Brancatelli, Cimperman, Cleve-land, Conwell, Cummins, Dow, J.Johnson, K. Johnson, Keane, Kelley,Miller, Mitchell, Polensek, Pruitt,Reed, Sweeney, Westbrook and Zone.

Also present was Mayor Frank G.Jackson.

Pursuant to Ordinance No. 2926-76,prayer was offered by Reverend Dr.Robin E. Hedgman of BethanyChristian Church. Colors presentedby Cleveland Police Honor Guard.Pledge of Allegiance.

File No. 1-10.

January 4, 2010

Sandra FranklinFirst Assistant ClerkCleveland City Council601 Lakeside AvenueCleveland, Ohio 44114

Dear Ms. Franklin:

You are hereby requested to serveas Clerk of Council Pro Tempore forthe purpose of calling the January4, 2010 Council meeting to order anduntil such time as the Councilselects a Clerk of Council.

Your assistance is appreciated.

Sincerely,Martin J. Sweeney,

Council President

Received.

OATH OF OFFICE

File No. 2-10.Frank G. Jackson, Mayor. Re-

ceived.

OATH OF OFFICEMEMBERS OF COUNCIL

The Oath of Office was adminis-tered to the 2010-2013 Council by theHonorable Ronald B. Adrine, Admin-istrative and Presiding Judge ofCleveland Municipal Court.

File No. 3-10.

January 4, 2010

Ms. Patricia J. BrittCity Clerk, Clerk of CouncilCity of Cleveland

Dear Clerk Britt:

Pursuant to Section 194 of theCharter of the City of Cleveland, ISandra Franklin, Clerk of CouncilPro Tempore, hereby certify to youthat there has been filed in theOffice of the Clerk of Council, theOaths of Office, subscribed by thefollowing Council Members:

Ward 1 — Terrell H. PruittWard 2 — Zachary ReedWard 3 — Joe CimpermanWard 4 — Kenneth L. JohnsonWard 5 — Phyllis E. ClevelandWard 6 — Mamie J. MitchellWard 7 — TJ DowWard 8 — Jeffrey D. JohnsonWard 9 — Kevin ConwellWard 10 — Eugene MillerWard 11 — Michael D. PolensekWard 12 — Anthony BrancatelliWard 13 — Kevin J. KelleyWard 14 — Brian J. CumminsWard 15 — Matthew ZoneWard 16 — Jay WestbrookWard 17 — Dona BradyWard 18 — Martin J. SweeneyWard 19 — Martin J. Keane

Very truly yours,Sandra Franklin

Clerk of Council Pro Tempore

Received.

ELECTION OF TEMPORARYCHAIRMAN

Council Member Eugene Millermoved, pursuant to Rule 9, thatCouncil Member Phyllis E. Cleve-land serve as Temporary Chairmanfor the purpose of organizing theCouncil. Council Member AnthonyBrancatelli seconded the motion.Council Member Kenneth L. Johnsonmoved that nominations for Tempo-rary Chairman be closed. A roll callensued. Council Member Phyllis E.

Cleveland received 19 votes. Thosewho voted for Council MemberCleveland: Council Members Brady,Brancantelli, Cimperman, Cleveland,Conwell, Cummins, Dow, J. Johnson,K. Johnson, Keane, Kelley, Miller,Mitchell, Polensek, Pruitt, Reed,Sweeney, Westbrook, and Zone.

Council Member Cleveland assum-ed the Chair and thanked the Coun-cil Members for giving her theopportunity to serve as TemporaryChairman.

ELECTION OFCOUNCIL PRESIDENT

The Temporary Chairman statedthe next order of business was theelection of the President of Council.Council Member Kevin J. Kelleymoved that Council Member MartinJ. Sweeney serve as President ofCouncil for the 2010-2013 CouncilTerm. Council Member Terrell H.Pruitt seconded the motion. CouncilMember Mamie J. Mitchell movedthat the nomination for CouncilPresident be closed. A roll calledensued. The Temporary Chairmaninstructed the members of Councilto state the name of the candidate,Martin J. Sweeney, when respondingto the roll call and requested theClerk to call the roll call on the elec-tion of President of Council.

After completion of the roll call,the Clerk announced that CouncilMember Sweeney received 19 votes.Those who voted for Council MemberSweeney were: Council MembersBrady, Brancantelli, Cimperman, Cleve-land, Conwell, Cummins, Dow, J.Johnson, K. Johnson, Keane, Kelley,Miller, Mitchell, Polensek, Pruitt,Reed, Sweeney, Westbrook and Zone.Council Member Martin J. Sweeney,having received a majority of vote ofall the members elected to Council,is the duly elected President of Coun-cil for the 2010-2013 term.

The Temporary Chairman re-quested Council Member Martin J.Sweeney’s family to escort thenewly elected Council President tothe Chair. The Honorable JudgeGerald F. Sweeney (Retired), ofCleveland Municipal Court adminis-tered the oath of office to CouncilMember Martin J. Sweeney, thenewly elected President of Council.

Council President Sweeney assumedthe Chair and thanked the CouncilMembers for giving him the oppor-tunity to serve as President of Coun-cil of 2010-2013 term, introduced isfamily and gave brief remarks.

OATH OF OFFICE

File No. 4-10.Martin J. Sweeney, President of

Council. Received.

ELECTION OF COUNCIL CLERK

Council Member Phyllis E. Cleve-land moved that in order to expeditethe orderly organization of the 2010– 2013 Council proceed with the elec-tion of the City Clerk and placed innomination the name Patricia J.Britt as City Clerk, Clerk of Coun-cil for the 2010-2013 Council term.Council Member Jay Westbrook sec-

onded the motion. Council MemberMartin J. Keane moved that thenomination for City Clerk, Clerk ofCouncil be closed. Council PresidentSweeney instructed the members ofCouncil to state the name of the can-didate, Patricia J. Britt, whenresponding to the roll call andrequested the Clerk to call the rollon the election of City Clerk, Clerkof Council.

After completion of the roll call,it was announced that Patricia J.Britt received 19 votes. Those votingfor Patricia J. Britt were: CouncilMembers Brady, Brancantelli, Cim-perman, Cleveland, Conwell, Cum-mins, Dow, J. Johnson, K. Johnson,Keane, Kelley, Miller, Mitchell,Polensek, Pruitt, Reed, Sweeney,Westbrook, and Zone.

The Honorable Kathleen O’Malley,Judge Cuyahoga County Court ofCommon Pleas, Division of DomesticRelations, administered the oath ofoffice to Patricia J. Britt, the newlyelected City Clerk, Clerk of Council.

Council Clerk Britt assumed theduties of her office and thanked theCouncil Members for giving her theopportunity to serve as City Clerk,Clerk of Council of the 2010-2013term.

OATH OF OFFICE

File No. 5-10.Patricia J. Britt, City Clerk, Clerk

of Council. Received.

MOTION

Council Member TJ Dow movedthat the Rules of Council for the2006-2009 Council term prevail forthe 2010-2013 Council Term untilsuch time as the Council Presidentconvene the Rules Committee. Coun-cil Member Kevin J. Kelley second-ed the motion. Without objection,motion approved.

RULES OF COUNCIL

File No. 6-10.Rules of Council for the years

2010-2013. Received.

Personal expressions were ad-dressed to the body by the CouncilPresident, Council Members and theCouncil Clerk.

The Council Meeting adjourned at9:24 p.m. to meet Monday, January11, 2010 at 7:00 p.m. in the CouncilChambers.

Patrica J. BrittCity Clerk, Clerk of Council

THE CALENDAR

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

NONE

RULES OF COUNCIL

Rules of OrderGoverning the Council of the

City of Cleveland2010-2013 [January 4, 2010]

The following rules of order shallgovern the procedures of the CityCouncil and the conduct of its mem-bers.

I. MEETINGS: PLACE, TIME OFCONVENING, QUORUM, ORDER

OF BUSINESS

Rule 1. Meetings — Place. Allmeetings of the Council shall beheld in the Council Chamber in theCity Hall, unless otherwise orderedby the Council.

Rule 2. Meetings — Public. Allmeetings of the Council or commit-tees thereof shall be public, andupon request of any citizen desiringto be heard on any matter, thenunder consideration by the Council,the Council may, on motion, resolveitself into a Committee of the Wholeand hear such citizen at such timeand for such period as Council maydetermine. Persons desiring to beheard by any committee of Councilon any matter then under consider-ation may, by consent of such com-mittee, be given an opportunity tobe heard thereon. All Rules of Coun-cil minutes and records of the Coun-cil shall be open to the public at allreasonable times.

Rule 3. Regular Meetings. Afterthe Council has been organized pur-suant to Section 28 of the Charter,regular meetings of the Councilshall be held in the Council Cham-ber every Monday evening at 7:00o’clock P.M., unless otherwise order-ed by motion, resolution or ordi-nance. Whenever the regular meet-ing falls on a legal holiday or a spe-cial election day — or the day pre-ceding a legal holiday or primary orother election day, the meeting shallbe held on a day to be fixed by theCouncil.

Rule 4. Summer Schedule. Duringthe months of July and August, theCouncil shall be on summer sched-ule and shall meet at such times asshall be set forth in the resolutionof Council establishing such sched-ule.

Rule 5. Special Meetings. Specialmeetings may be called at any timeby the Mayor, the President of Coun-cil, or any five members upon atleast twelve (12) hours writtennotice to each member of the Coun-cil served personally on each mem-ber or left at his usual place of res-idence; provided, however, that nosuch notice need be served on anyCouncilmember present at a meetingof Council at which the President ofCouncil may give oral notice of thetime and purpose of a special meet-ing. Any such notice shall state thesubjects to be considered at themeeting, and no other subjects shallbe there considered.

Rule 6. Quorum; Professionalism.A majority of all the members elect-ed to Council shall be a quorum to

4 The City Record January 6, 2010

4

do business, but a less number mayadjourn from day to day and com-pel the attendance of absent mem-bers in the manner and under suchpenalties as shall be prescribed bythese rules. All members shall con-duct themselves professionally andshall attend all official meetings ofCouncil in appropriate professionalattire.

Rule 7. Order of Business. Thebusiness of all regular meetings ofthe Council shall be transacted inthe following order, unless the Coun-cil by a two-thirds vote, shall sus-pend the rules and change the order.

1. Roll call of members.2. Prayer. 3. Pledge of Allegiance.4. Disposal of the journal of the

preceding meeting.5. Reports and communications

from the Mayor.6. Reports and communications

from departments, commissions andother public officers.

7. Other communications, petitionsand memorials.

8. Reports of standing committees.9. Reports of special committees.10. Introduction of ordinances and

resolutions.11. Second reading of ordinances

and resolutions.12. Third reading of ordinances

and resolutions.13. Reading and passage of emer-

gency ordinances and resolutions.14. Miscellaneous business shall

be permitted at the discretion of thechair.

15. Report of the clerk with ref-erence to absence of members.

16. Adjournment.The presiding officer may, at any

time without objection of the mem-bers of Council, permit a member tointroduce an ordinance, resolution ormotion out of the regular order pro-vided, however, if an objection ismade, a two-thirds vote of all mem-bers elected to Council shall berequired to permit such introductionout of the regular order.

Rule 8. The Calendar. It shall bethe duty of the Clerk to have setaside conspicuously in The CityRecord a portion to be titled “TheCalendar. The following measureswill be on their passage at the nextmeeting.” Under this title the Clerkshall arrange, and have printed inconsecutive order, by title all ordi-nances and resolutions which are onfor passage at the next meeting ofCouncil. In the event that any suchordinances or resolutions have beenamended, the full text of the opera-tive sections of such ordinance or res-olution, as amended, shall be pub-lished in addition to the title thereof.When action upon any measure ap-pearing upon the Calendar is post-poned to a day certain, such measureshall be considered on said day towhich postponed whether or not it ap-pears upon the Calendar of said day.

II. OFFICERS AND EMPLOYEESOF COUNCIL

Rule 9. Presiding Officer. ThePresident of Council, and in thePresident’s absence the President ofCouncil pro tempore, shall preside

over the meetings of the Council. Inthe absence of the President ofCouncil, the Majority Leader shallserve as the President of Councilpro tempore; in the absence of boththe President of Council and theMajority Leader, the Majority Whipshall serve as the President of Coun-cil pro tempore. In the absence ofthe President of Council, the Major-ity Leader and the Majority Whip,the City Clerk shall call the Coun-cil to order; and if, after the roll callis called a quorum shall be present,the Council shall choose one of itsmembers President of Council protempore. The President of Councilpro tempore shall preside until thePresident of Council appears, but inno event beyond such meeting, andshall discharge all the duties and beclothed with all the powers of thePresident of Council as such presid-ing officer during the President ofCouncil’s absence. The PresidingOfficer shall call all meetings of theCouncil to order at the hour appoint-ed and shall proceed with the orderof business. If a quorum be present,the Presiding Officer shall give themembers an opportunity for correct-ing the journal of the previous meet-ing, a copy of which shall be placedon the desk of each member of theCouncil. In the absence of any objec-tions or corrections, the minutesshall stand approved. The PresidingOfficer shall preserve order anddecorum, prevent personalities orthe impugning of members’ motives,confine members in debate to thequestion under discussion, shalldecide all points of order subject toan appeal to the Council, and shallappoint all standing committees andsuch select committees as may beauthorized by Council from time totime, except in those cases wherethe resolution authorizing suchselect committees specifically namesthe membership thereof.

Rule 10. Members Presiding. ThePresident of the Council during anymeeting thereof may name anymember to perform the duties of thechair; but such substitution shall notextend beyond such meeting.

Rule 11. The Vote Necessary forElection of President and Clerk. Nocandidate for President or Clerk ofCouncil shall be declared electedunless the candidate shall havereceived a majority vote of all mem-bers elected to Council.

Rule 11-1. Roll Call upon Electionof President, and Filling Vacanciesin the Membership of Council. Uponthe roll call for the election of Pres-ident of Council, Clerk of Council, orfor filling any vacancy in the mem-bership of Council, each membershall respond by stating the nameof the candidate of his choice eligi-ble for such office or appointment,which candidate shall not berequired to be a person duly nomi-nated and whose nomination hasbeen duly seconded, provided, how-ever, that no member shall beexcused from voting hereon exceptby unanimous consent.

Rule 12. The City Clerk. TheCouncil shall choose a Clerk andsuch other officers and employees

as may be deemed necessary and fixtheir compensation. The Clerk shallkeep the record of the Council, andthe Clerk shall be the editor of TheCity Record. The Clerk shall keep aproper file of all papers and docu-ments which are a part of the trans-actions of the Council, of meetingsof committees and all orders of theCouncil, and shall make suchrecords available to the public. TheClerk shall be secretary to all com-mittees, but may assign an assistantas secretary to any committee.When directed by any committee theClerk shall cause to be kept minutesof each meeting of such committeethat shall be kept in record formand be made available for publicinspection. The record of committeemeetings may be kept in the formof loose sheet records and need notbe printed in The City Record norcopied in any other book, exceptthat the Clerk shall cause to beprinted in The City Record atten-dance roll calls of committee meet-ings. In addition, the Clerk shallreport to Council the absence ofmembers from Council meetings andshall perform such other and furtherduties as may from time to time byCharter, statute or ordinance be re-quired of the Clerk.

Rule 12-1. Committee on CouncilPersonnel and Operations. Not laterthan the fourth meeting of the Coun-cil after its organization, the Presi-dent of Council shall appoint six (6)members to a Committee on CouncilPersonnel and Operations. In addi-tion to the appointed members, thePresident of Council shall also bemember of the committee. The com-mittee shall consider personnel andoperational issues of Council, suchas staffing levels, hiring of staff,and technical and operational mat-ters pertaining to the offices ofCouncil. Upon a vacancy in Council’sstaff, the Clerk of Council shall noti-fy all members of such vacancy andthe President of Council shall con-vene a meeting of the Committee onCouncil Personnel and Operations todiscuss the vacancy. Prior to fillingany staffing vacancy or newly cre-ated position, the Clerk of Councilshall forward the name of the pro-posed employee to be hired and theposition to be filled to the membersof Council. Within thirty (30) daysfollowing the completion of theemployee’s first ninety days of em-ployment, the committee shall reportits recommendation on retaining theemployee to Council for a roll callvote of the Council for which amajority vote must be received.

Rule 12-2. The City Record. TheCity Clerk, as editor of The CityRecord, shall see that the followingrules are observed in the prepara-tion and introduction of ordinancesand resolutions and in the editingand printing of The City Record.

(a) The title of all ordinances andresolutions shall be confined to abrief statement of the subject mat-ter of the bill and shall be printedin bold face type.

(b) Preambles or “whereasas” inordinances and resolutions shall berestricted to one emergency pream-

January 6, 2010 The City Record 5

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ble required by the Charter, exceptwhere a whereas is an essentialpart of the ordinance or resolution.

(c) Ordinances of a general orpermanent nature shall, in theirpreparation, be divided into shortsections, wherever practicable, inorder to permit amendments beingmade without printing so much ofthe original ordinance.

(d) The practice of introducingresolutions of condolence and con-gratulatory resolutions shall berecorded by number and reservedfor cases of death of outstanding cit-izens or occasion of great civicimportance. In lieu of such resolu-tion of condolence the Clerk shallhave prepared a suitable memorialwhich shall be sent to the relativesof the deceased and The City Recordshall contain the request of themember of Council for such memor-ial and the fact that such memorialhas been sent.

(e) The minutes and proceedingsof administrative boards shall beprepared in abstract form and beprinted in six (6)-point type in TheCity Record.

(f) Once each year, there shall beprepared for distribution or printedin The City Record a cumulativesubject index covering the proceed-ings of the Council.

Rule 13. Sergeant-at-Arms. TheCouncil shall appoint a Sergeant-at-Arms who shall be in attendance atall meetings of Council. TheSergeant-at-Arms, under the direc-tion of the presiding officer, shallpreserve order in the Council Cham-ber and adjoining rooms, and in themanner to be prescribed by ordi-nance shall compel the attendanceof absent members.

III. COMMITTEES OF COUNCIL

Rule 14. Standing Committees. Notlater than the fourth meeting of theCouncil after its organization, thePresident of Council shall appointone (1) standing committee ofeleven members; four (4) standingcommittees of nine (9) memberseach; and six (6) standing commit-tees of seven (7) members each ofwhom the first named membersshall be chair and the second namedshall be vice-chair. All committeeappointments, made under this Rule,including that of chair and vice-chair, the vice-chair shall presideuntil the chair appears, and shalldischarge all the duties and beclothed with all the powers of thechair during such absence. In theabsence of the chair and the vice-chair and a quorum being present,a temporary chair shall be selectedby a majority vote of the memberspresent who shall preside until thechair or vice-chair appears and thetemporary chair shall discharge allthe duties and be clothed with allthe powers of the chair during suchabsence.

A. The eleven member committeeand its subject matter is as fol-lows:

COMMITTEE ON FINANCE, towhich shall be referred all ordi-nances, resolutions and other mat-ters pertaining to finances, indebt-edness, appropriations, the paymentof monies not provided for by pre-vious legislation, taxation and allmatters pertaining to the Depart-ments of Finance, Law and Person-nel, the standardization of salariesand wages, union agreements, civilservice, the pensioning of employeesand the sale, lease or purchase ofreal estate.

B. The nine member committeesand the subject matters that shallbe referred to them shall be as fol-lows:

a. COMMITTEE ON PUBLICUTILITIES, to which are referredall ordinances, resolutions and othermatters pertaining to the City’swater supply, sewage disposal,municipal electrical light plant andall matters pertaining to the Depart-ment of Public Utilities, and all ordi-nances, resolutions and other mat-ters pertaining to telecommunica-tions, rates to be paid by the Cityto the public utility for street light-ing or other utility services and toexisting or proposed franchisesincluding railway and railroad oper-ations and the Regional Sewer Dis-trict.

b. COMMITTEE ON PUBLIC SER-VICE, to which shall be referred allordinances, resolutions and othermatters pertaining to streets andstreet uses, street and sewer im-provements, switch track and pipelines, elimination of grade cross-ings, street cleaning, waste collec-tion and disposal, bridges andunderpasses, taxes and assessmentsfor sidewalks and street improve-ments, all banners across streetsand all matters pertaining to theDepartment of Public Service.

c. COMMITTEE ON COMMUNITYAND ECONOMIC DEVELOPMENT,to which shall be referred all ordi-nances, resolutions and other mat-ters pertaining to the redevelopmentof blighted areas, the rehabilitationand conservation of property, thealleviation of the housing shortageand alum clearance, economic andindustrial development, the LandReutilization Program and all mat-ters relating to the Departments ofCommunity Development and Eco-nomic Development.

d. COMMITTEE ON PUBLICSAFETY, to which shall be referredall ordinances, resolutions and othermatters pertaining to police, fire,and emergency medical services andmatters pertaining to the Boxingand Wrestling Commission, to theenforcement of the traffic code andoff street parking and to inspectionof buildings, and all matters per-taining to the Department of PublicSafety, and to tag days.

C. The seven member committeesand the subject matters that shall bereferred to them shall be as follows:

a. COMMITTEE ON CITY PLAN-NING, to which shall be referred allordinances, resolutions and other

matters relating to city planning,the City Planning Commission andmatters relating to zoning.

b. COMMITTEE ON HEALTHAND HUMAN SERVICES, to whichshall be referred all ordinances, res-olutions and other matters pertain-ing to public health, public chari-ties, direct and work relief, city cor-rectional and charitable institutions;and all matters pertaining to theDepartments of Public Health andWelfare, Human Resources andAging, and all matters pertaining tohealth, sanitation, unemployment,job training, air pollution control,lake and river pollution, smokeabatement and nuisances.

c. COMMITTEE ON LEGISLA-TION, to which shall be referred allordinances, resolutions and othermatters pertaining to county, stateand federal legislation affecting thecity annexations, redistricting, char-ter amendments and all initiative,referendum and recall petitions; allmatters relating to courts; ordi-nances relating to licenses andthose imposing fines, penalties, for-feitures or imprisonment, printingand advertising.

d. COMMITTEE ON AVIATIONAND TRANSPORTATION, to whichshall be referred all ordinances, res-olutions and other matters pertain-ing to the municipally-owned air-ports and any and all matters con-cerning aviation; and all ordinances,resolutions and other matters per-taining to bridges, harbors, riverand lake travel, public transporta-tion and bus, limousine and taxicaboperations and all matters pertain-ing to the Department of Port Con-trol, the Regional Transit Authorityand the Port Authority.

e. COMMITTEE ON PUBLICPARKS, PROPERTY AND RECRE-ATION, to which shall be referredall ordinances, resolutions and othermatters pertaining to public parks,public places, public recreation,playgrounds and public beaches; toall public buildings not specificallyrelated to or belonging to somedepartment or division, includingthe City Hall, Public Auditorium,the Public Stadium, the city mar-kets, and golf courses and cemeter-ies; to the purchase or sale of allproperty not specifically referred toanother committee of this Councilexcept for the Committee onFinance, and all matters pertainingto the Department of Parks, Recre-ation and Properties.

f. COMMITTEE ON EMPLOY-MENT, AFFIRMATIVE ACTIONAND TRAINING, to which shall bereferred all ordinances, resolutionsand other matters pertaining to theformulation and monitoring of jobparticipation linkage for publiclyfunded development projects; theoversight of affirmative action poli-cies, certification of minority andfemale business enterprises, andcontract compliance within the affir-mative action goals of the City; andthe formulation of job training poli-cies and performance monitoring ofjob training contracts.


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Rule 14-1. Approval of Council ofAppointments by Mayor. Wheneverthe approval of Council is requiredfor appointments by the Mayor, thePresident of Council, upon requestof the Mayor for approval of anyappointment, shall forthwith appointa select committee of five (5) mem-bers to which shall be referred thename of each person whose appoint-ment is submitted for approval ofCouncil. The select committee shallreport to Council its recommenda-tion thereon. Thereupon Council, aspart of the appropriate order of busi-ness, shall proceed to vote upon theapproval of each appointment; thequestion being “Shall the Councilapprove the appointment by theMayor?” If a majority of all themembers elected to Council voteaye, the Council shall approve suchappointment.

Rule 14-2. Member Pro Tempore.In the event of the absence of amember from a published scheduledcommittee, the Council President,upon the request of the chair of thecommittee, may appoint a Coun-cilmember to serve as a member protempore for purposes of that com-mittee meeting. The appointment bythe Council President of the memberto that committee shall expire uponcompletion of that committee meet-ing. Upon appointing a member protempore, the Council President shallnotify the members of Council of theappointment and shall cause suchappointment to be reflected in theCity Record.

Rule 14-3. Removal of Membersfrom Committees. The President ofCouncil, may for cause at any time,remove and replace any member ormembers of any standing committeeestablished under Rule 14 or fromany special committee or commit-tees.

Rule 15. Committee Meetings. Amajority of the members of a com-mittee shall constitute a quorum forthe transaction of business. Eachcommittee shall hold its regularmeetings at the time and place fixedin the schedule, as prepared by thePresident of Council and Clerk ofCouncil in conference with thechairs of the several committees.

Rule 15-1. Meeting. A committeemeeting schedule shall be publishedby the Clerk. Should the chair of acommittee find it necessary to holdthe meeting at another time andplace, the chair shall cause noticethereof to be given and posted atleast twenty-four (24) hours beforethe new time fixed for the meeting.All committee meetings shall beopen, and a record of the attendanceof members of the committee andthe action taken there, shall be keptby the secretary of the committee ina record provided for that purpose.Such record shall be kept on filewith the Clerk of Council and opento public inspection as other publicrecords. No legislation shall beamended while in committee and itshall be the duty of the committeeto recommend to Council theapproval, disapproval or amendmentof any legislation pending beforethe committee. A majority of the

members of a committee shall benecessary for the recommendationof approval, disapproval or amend-ment of any legislation pendingbefore a committee. All othermotions shall require only a major-ity vote of the members of commit-tee present.

Rule 15-2. Councilmember Ab-sences. Each absence of a commit-tee member, not authorized by thechair for good cause, or theabsence of the chair, not autho-rized by the President of Councilfor good cause, shall be deemed aviolation of the Rules of Councilunder Section 29 of the Charter,punishable by a fine of one hun-dred dollars ($100.00) for eachunauthorized absence. For the pur-pose of this Subsection 15(b), butnot for purposes of voting on rec-ommendations to legislation, a com-mittee member or chair thereofshall also be deemed absent if acommittee member or chair reportsto the committee meeting laterthan fifteen (15) minutes after thescheduled time for the commence-ment of said meeting or when afterthe commencement of said meetingleaves the meeting, except in caseof necessity or emergency, withoutthe authority of the chair or actingchair. Absence of a member of acommittee from three (3) consecu-tive meetings, unless authorized bythe chair of such committee, mayupon the recommendation of suchcommittee, cause the removal ofsuch member from such committeeby the President of Council.

Rule 15-3. Committee Room Seat-ing. Seats at the table in the com-mittee room shall be reserved formembers of the committee, theMayor and administrative officialshaving business before the commit-tee, members of Council not mem-bers of the committee, personsspecifically invited by the chair orby a vote of the committee, re-porters, representatives of civicorganizations and of organizedlabor, and it shall be the duty of theClerk of committees to see to it thatthe foregoing precedence of seatingis strictly followed.

Rule 15-4. Rules of Committees.Except in case of obvious inconsis-tency or inapplicability, committeehearings shall be governed by therules applicable to Council proceed-ings.

Rule 16. Reports. No ordinance,resolution, petition, or other mat-ters referred to a committee foraction shall be approved or disap-proved and reported out until itshall have first been considered ata committee meeting regularlycalled as provided for herein andno committee shall consider or holda hearing on any proposed legisla-tion until it has been introduced inCouncil and referred to the com-mittee. The chair, upon motion ofany member that shall not requirea second, shall put the question ofthe recommendation of approval orof approval when amended. If amajority of the members of thecommittee vote affirmatively, suchlegislation shall be reported forth-

with to Council as “Recommendedfor Passage”, but if a majority ofthe members of the committee votenegatively on such question, suchlegislation shall be reported forth-with to Council as a recommenda-tion of adversal of such legislation.The vote on all matters before thecommittee shall be recorded in theminutes of the committee meeting.When a majority of a committeehas reported, recommending or notrecommending the passage, adop-tion or approval of the legislationunder consideration, the minoritymay present a minority report. Allsuch reports shall be in writingand signed by the members of thecommittee voting in favor of oragainst the report.

Rule 17. Committee of the Whole.Upon declaration by the CouncilPresident without objection or bymotion of a Councilmember support-ed by a majority vote of Council, theCouncil shall resolve itself into aCommittee of the Whole for the pur-pose of hearing from a person whois not a member of the Council, orfor the purpose of considering busi-ness generally, or for the purposestated in the motion. When theCouncil shall decide to go into Com-mittee of the Whole, the regularofficers shall continue to serve,without objection, otherwise theCouncil shall appoint a Chair to pre-side, and the presiding officer of theCouncil shall leave the chair. Therules of Council, in so far as prac-ticable, shall be observed in theCommittee of the Whole; however, aroll call of ayes and nays shall notbe in order.

Rule 17-1. Joint Committee. Whenit is desired that legislation shallbe considered by two or morestanding committees jointly, a ref-erence may be made by the Presi-dent of Council to a joint commit-tee comprised of the membership ofsaid standing committees, whichshall operate as a single commit-tee. A quorum of a joint committeeshall consist of a majority of themembers thereof, counting mem-bership in each committee sepa-rately, so that a member of each ortwo or more committees constitut-ing such joint committee shall becounted once for each committee onwhich he/she is a member. Amajority vote, similarly counted,shall be required for action by suchjoint committee. The President ofCouncil shall determine the chairof the joint committee from thechair of the standing committeesthat make up the joint committee.

Rule 17-2. Subcommittee. Whendetermined to be in furtherance ofthe legislative process, the chair ofa standing committee and the Pres-ident of Council may designate cer-tain members of said standing com-mittee to form a subcommitteethereof for the purpose of examin-ing such matters as are identifiedby the chair and President at thetime the subcommittee is formed.At the completion of its work, thesubcommittee shall report its find-ings to the entire standing com-mittee or, in the discretion of thePresident of Council, the entireCouncil.


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IV. DUTIES, PRIVILEGES ANDDECORUM OF MEMBERS

Rule 18. Roll Call of Council.Every member shall be seated at thetime of roll call, otherwise the mem-ber shall not be recorded as presentexcept upon order of Council. TheClerk shall publish in The CityRecord the names of the memberspresent and absent.

Rule 19. Duty to Vote. Every mem-ber present shall vote on all ques-tions upon the call of the yeas, andnays, unless excused by the unani-mous consent of the Council; exceptthat no member shall vote on anyquestion in which they are finan-cially interested or which in anyway involves personal or privaterights. Any member present, unlessso excused, or excepted as above,who refuses to vote upon any ques-tion relating to the city government,upon which the member may vote,when the yeas and nays are beingtaken shall be guilty of contempt ofthe Council, and may, for such con-tempt, be censured by a majorityvote of the Council or may beexpelled from the Council by a voteof two-thirds of all the members ofthe Council pursuant to Section 29of the Charter of the City of Cleve-land.

Rule 20. Yeas and Nays. On thepassage of every ordinance or reso-lution, and on the appointment ofevery officer, the vote shall betaken by yeas and nays, entered infull upon the records and publishedin the official journal. On any otherquestion, the yeas and nays shall beentered upon the record on therequest of any member. Upon thecall of the yeas and nays, the Clerkshall call the names of membersalphabetically and record the vote.

Rule 21. Change of Vote. Beforethe announcement of the vote onany question, the Clerk shall readthe vote of each member so takenupon the demand of any member, atwhich time any member on accountof error or for any other reason maychange his/her vote; but no membershall be permitted to change his/hervote as recorded after the roll callhas been verified and the resultdeclared.

Rule 22. Recording of Vote ofAbsent Member. Any member, hav-ing been unavoidably absent, mayat the next meeting be permitted tohave their vote recorded upon anyquestion acted upon during suchabsence; provided such vote shallnot change the result; and providedfurther that such member shall notbe entitled to move a reconsidera-tion of the question to be votedupon.

Rule 23. Right of Floor. When anymember is about to address theCouncil the member shall rise andrespectfully address the presidingofficer, and when recognized by thechair shall confine any comments tothe question under debate, avoidpersonalities and refrain fromimpugning the motives of any othermember’s argument or vote. Whentwo or more members ask recogni-

tion at the same time, the presidingofficer shall name the member whois first to speak and the exercise ofsuch discretion by the presiding offi-cer shall not be subject to appealunder Rule 26.

Rule 24. Time Limitation ofSpeaking. No member shall beallowed to speak for a longer timethan 4 minutes at any one timewithout the permission of Council.No member shall speak more thanonce on the same legislation untilevery other member desiring tospeak on that legislation shall havehad an opportunity to do so. Neitherthe Mayor nor any director mayspeak longer than 4 minutes uponthe same motion, ordinance or ques-tion without the consent of Council.

Rule 25. Members Called to Order.If any member in speaking or oth-erwise transgresses the rules of theCouncil, the President shall call theoffending member to order. Themember so called to order shallimmediately take his seat unlesspermitted by the President toexplain. Any member may, by rais-ing the point of order, call the atten-tion of the President to such trans-gression. The President, withoutdebate, shall decide the point oforder. Every such decision of thePresident shall be subject to appealto the Council upon motion with asecond.

Rule 26. Right of Appeal. Anymember may appeal to the Councilfrom a ruling of the presiding offi-cer. The member making the appealmay briefly state the reason for thesame, and the presiding officer maybriefly explain the ruling; but thereshall be no debate on the appeal andno other member shall participate inthe discussion. The presiding officershall then put the question, “Shallthe decision of the chair be sus-tained?” If a majority of the mem-bers present vote aye, the ruling ofthe chair is sustained; otherwise itis overruled.

Rule 27. Member May Read fromBooks, etc. Any member while dis-cussing a question, may read frombooks, papers or documents anymatter pertinent to the subjectunder consideration without askingleave; provided, however, that suchreading shall be subject to andincluded within the time limitationprescribed in Rule 24.

Rule 28. Division of Question. Ifthe question contains two or moredivisible propositions, the presidingofficer may, and upon request of amember, shall divide the same; buta motion to strike out a provisionand insert a substitute is not divis-ible.

Rule 29. Personal Privilege. Anymember may rise to explain a mat-ter personal to the member, and onstating that it is a matter of per-sonal privilege, the member shall berecognized by the President, butshall not discuss a question or issuein such explanation. Such explana-tion shall not consume more than 2minutes of time unless extended byconsent of the Council. Matters of

personal privilege shall yield onlyto a motion to recess or adjourn.

Rule 30. No Person, Other Thanthe Clerk and the Clerk’s Assistants,Shall Be Permitted at the Clerk’sDesk While the Yeas and Nays areBeing Taken. No person, other thanthe Clerk and the Clerk’s assistants,shall be permitted at the Clerk’sdesk while the yeas and nays arebeing taken.

V. MOTIONS

Rule 31. Purpose and Form.Motions shall be used only to expe-dite the orderly transaction at thebusiness of Council and shall not besubstituted for resolutions or ordi-nances. The form of all motionsshall be “I move that” followed bythe substance of the motion. No sec-ond shall be required for any motionexcept as specifically provided forin a rule, but upon demand of anymember any motion shall be with-drawn by the maker before it hasbeen amended or voted upon. Whena motion is made the presiding offi-cer shall state it before any debateshall be in order. All motions thathave been entertained by the Presi-dent of Council shall be enteredupon the minutes.

Rule 32. Precedence of Motions.When a question is before the Coun-cil no motion shall be entertainedexcept the following:

1. To adjourn.2. To fix the hour of adjournment.3. For the previous question.4. To lay on the table.5. To postpone to a day certain.6. To postpone indefinitely.7. To refer to a committee.8. To amend.

These motions shall have prece-dence in the order indicated. Themotion to adjourn and the motionfor the previous question, shall beput to a vote without debate; the mo-tion to fix the hour of adjournmentshall be debatable only as to thetime of such adjournment; and allother motions shall be debatable.

Rule 33. The Previous Question.The motion for the previous ques-tion shall require a majority vote ofall members elected to Council; shallbe considered only once; may berenewed after intervening business;shall take precedence over all debat-able questions and shall be in orderto prevent amendment of undebat-able questions. When the previousquestion is moved and seconded byone other member, it shall be put asfollows: “Shall the main question benow put?” There shall be no furtheramendment or debate but pendingamendments shall be put in theirorder before the main question. Ifthe question, “Shall the main ques-tion be now put?” be decided in thenegative, the main question remainsbefore the Council.

Rule 34. Motion to Lay on theTable. The motion to lay on thetable shall dispose finally of the leg-islation against which it is invokedbut a motion to lay a pendingamendment to an ordinance or reso-


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lution on the table shall not carrythe ordinance or resolution with it.A motion to lay on the table shallrequire a majority vote of all mem-bers elected to Council.

Rule 35. Motion to Postpone to aDay Certain. A motion to postponeto a day certain shall require amajority vote of the members pre-sent; shall be subject to reconsider-ation; may be renewed after inter-vening business; shall be debatableas to the propriety of the postpone-ment but not upon the merits of thelegislation; and may be amended bychanging the date. Upon the arrivalof the date to which postponed thelegislation shall be considered inthe regular order of business of thatday.

Rule 36. Motion to Postpone Indef-initely. The motion to postponeindefinitely shall have the sameeffect as motion to lay on the table,and shall require a majority vote ofall members elected to Council.Motion to postpone indefinitely shallnot be reconsidered; shall be debat-able and shall open the legislationto debate; may be renewed afterintervening business and may notbe amended or laid on the table, andshall be subject to previous ques-tion.

Rule 37. Reconsideration. Afterthe decision of any question, anymember who voted with the majori-ty may move a reconsideration ofany action at the same or the nextsucceeding meeting, provided, how-ever, that a resolution authorizingor relating to any contract may bereconsidered at any time before thefinal execution thereof. A motion toreconsider shall require a majorityvote of all the members elected toCouncil. After a motion for recon-sideration has once been acted upon,no other motion for a reconsidera-tion thereof shall be made withoutunanimous consent of the memberspresent.

VI. ORDINANCES ANDRESOLUTIONS

Note: “The adoption of a resolu-tion is the proper procedure for aninformal enactment providing forthe disposition of a particular itemof business, while the passage of anordinance is the proper procedurefor the enactment of a regulation ofa general or permanent nature.” (19R.C. L. 895; 46 C.J. 519; 29 O.A. 386).

Rule 38. Introduction. Ordinancesand resolutions shall be introducedin the Council only in printed orwritten form, with the name of themember introducing the sameendorsed thereon. No ordinance orresolution affecting the zoning reg-ulations or the construction of pub-lic improvements within a particularward shall be introduced in Councilin the name of the member of Coun-cil from such ward except with thatmember’s written permission priorto such introduction, and when themember’s name shall be followed bythe words “By departmentalrequest”, which shall be deemed notto imply agreement with the pur-pose of such legislation by reasonof such sponsorship. Ordinances sub-

mitted by the initiative shall haveendorsed thereon “Submitted by Ini-tiative Petition”.

Rule 38-1. Preparation of Legisla-tion. In order that adequate timemay be given to the preparation oflegislation, members of Councilshall present requests for legislationto the Law Department not laterthan 5:00 o’clock P.M. on the Fridaypreceding the meeting at whichsuch legislation is to be introducedfor first reading, and not later than5:00 o’clock P.M. of the Wednesdaypreceding introduction of legislationfor passage under suspension of therules.

Rule 38-2. Request for Legislation.All legislation shall have indicatedat the end thereof the date of prepa-ration and the initials of the drafts-man and typist; and all legislationoriginating in administrative depart-ments shall contain in additionthereto the name of the head of thedepartment or division for whomprepared and the name of the mem-ber of Council introducing such leg-islation shall be followed by thewords “By request” in parentheses.

Rule 38-3. Request for Legislationfor Passage Under Suspension of theRules. The Clerk of Council shallnot accept a request for legislationfor passage on introduction undersuspension of the rules unless fur-nished sufficient copies of such leg-islation to provide each member ofCouncil therewith, together with alike number of copies of a statementby the Director of the requestingdepartment setting forth the reasonsrequiring the immediate actionthereon. A request for legislation forpassage on introduction under sus-pension of the rules at the last meet-ing prior to the Summer recess ofCouncil or at the final annual meet-ing of Council shall not be acceptedby the Clerk of Council unless therequired statement bears theapproval of the President of Coun-cil. To the extent that circumstancespermit all such legislation shall beconsidered informally by at leastone committee of Council, to whichsuch legislation would otherwise bereferred.

Rule 39. Form of Ordinances. Theenacting clause of all ordinancesshall be “Be it ordained by the Coun-cil of the City of Cleveland.” exceptthose submitted by Initiative peti-tion, which shall be “Be it ordainedby the people of the City of Cleve-land.” All ordinances before intro-duction shall be in typewritten form,with two additional copies, on theforms to be provided by the CityClerk. No ordinance or resolution orsection thereof shall be revised oramended unless the new ordinanceor resolution contains the entireordinance or resolution, or sectionrevised or amended, and the origi-nal ordinance, resolution, section, orsections so amended shall berepealed.

Rule 40. Emergency Ordinances. Ifany emergency ordinance or resolu-tion fails to receive a two-thirdsaffirmative vote of all memberselected to Council, such measureshall cease to be before the Council

as an emergency measure and shallhave the standing that a measurewould have had if it had not beenread as an emergency measure.

Rule 41. Reference to Committee.All ordinances and resolutions shallbe read by title on the day whenintroduced, unless such reading isdispensed with by a two-thirds vote;and unless otherwise ordered by theCouncil shall be referred by the pre-siding officer to the appropriatecommittee or committees, which ref-erence shall be announced forthwithby the Clerk. The committee or com-mittees to which the legislation isso referred shall, after due consid-eration and at least one public hear-ing, propose any amendments withrecommendations for approval ordisapproval. When so reported, suchordinance or resolution shall, unlessotherwise ordered, be read a secondtime and laid over until the nextmeeting of the Council, when thesame shall be read a third time anda vote taken thereon. The Councilshall act upon no ordinance or res-olution except a resolution of con-dolence or one of an extreme emer-gency nature, until it has beenreferred to and reported upon by acommittee or committees of Council.

Rule 41-1. Re-reference to Com-mittee. Any pending legislationmay, by a vote of a majority of themembers elected to Council or bydeclaration of the Council Presidentwithout objection, be referred to anycommittee to which previouslyreferred under these rules, or to anyappropriate committee designated inthe motion to re-refer. When re-ferred back to the Council, such leg-islation shall have the same stand-ing as it had at the time when re-referred.

Rule 42. Reference to More ThanOne Committee. Whenever any pend-ing matter is referred to more thanone committee for consideration andreport, said committee may considerthe same in joint session as a jointcommittee, if the chairs of the com-mittees concerned consent thereto.The chair of the committee firstnamed shall preside at such jointsessions, and each member of thejoint committee shall have one votefor each committee of which he/sheis a member composing the jointcommittee. A majority of the mem-bers of each of the separate com-mittees shall constitute a quorum ofsuch committee and the vote shallbe taken by roll call of each of theseparate committees constitutingthe joint committee. Its report shallbe made in the same manner andunder the same rules as reports aremade by standing committees.

Rule 42-1. Relieving Committees.Any committee to which an ordi-nance or resolution has beenreferred under Rule 41 or re-referredunder Rule 41-1, may be relieved offurther consideration of such legis-lation by a motion duly made andadopted by a two-thirds vote of allmembers elected to Council or bythe chair of the committee to whichthe legislation has been referredwith the consent of the CouncilPresident.


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Rule 43. Three Readings. No ordi-nance or resolution shall be passeduntil it has been read on three sep-arate days; unless the reading onthree separate days has been dis-pensed with by a two-thirds vote ofall members elected to Council. Thefinal reading shall be in full unlessa written or printed copy of themeasure shall have been furnishedto each member of the Council priorto such reading. Copies of all firstreading ordinances and resolutionsto be introduced for passage andadoption under suspension of therules and without reading on threeseparate days shall be placed on themembers’ desks within the CouncilChambers prior to a vote beingtaken on the ordinance or resolu-tion. When it is desired to suspendthis and rule 41 in order to permitthe passage of legislation uponintroduction the question on themotion for such suspension shall beas follows: “Shall the Charter andstatutory provisions and rule 43requiring reading on three separatedays and rule 41 requiring referenceto committees be dispensed with andOrdinance No. ... (Resolution No. ...)be placed on final passage?” If two-thirds of all the members elected toCouncil vote aye, the Charter, statu-tory and rule requirements requir-ing reading on three separate daysand reference to committees shall besuspended. As an exception to theforegoing, resolutions of condolenceand congratulatory resolutions shallbe read by title only and adoptedviva voce or by rising vote.

Rule 43-1. Copies Required for Sus-pension of Rule 43. No ordinance ofa general nature or imposing penal-ties which has not been referred toa committee of Council, shall bepassed under suspension of the rulesunless a copy of such ordinanceshall have been placed on the deskof each member prior to the passageof such ordinance under suspensionof Rule 43.

Rule 44. Appropriation Ordinances.Ordinances making appropriationsshall be confined to the subject ofappropriation. No money shall beappropriated except by ordinance.All ordinances for fixing a tax rate,the appropriation of money, theissuance of bonds, the transfer ofmoney to any fund, or the paymentof claims; and all resolutions andordinances whereby the city shallbecome liable for the payment ofany money, shall be referred with-out debate to the finance committeefor consideration and report; unlessthis requirement shall be suspendedby two-thirds of all the memberselected. The vote of each suspensionshall be taken by yeas and nays andentered on the record.

Rule 45. Substitute Legislation.Legislation dealing with the samesubject matter may be substitutedfor any pending ordinance or reso-lution by a majority vote of all themembers elected to Council, uponthe recommendation of any commit-tee to which such legislation hasbeen referred. Substitute legislationshall be subject to all the provisionsof the Charter and rules applying toordinances on first reading, and the

legislation for which such substituteis offered shall be laid upon thetable as a final disposition thereof.Before accepting for introductionany substitute legislation, theauthor of the original legislationshall be given notice thereof by theClerk of Council.

Rule 46. Ordinances Fixing Finesand Penalties. All ordinances impos-ing fines, penalties, forfeiture orimprisonment shall be referred tothe Committee on Legislation, andthe Director of Law shall be askedto give an opinion thereon.

Rule 47. Amendments. It shall bein order to amend an ordinance atany time when not in the hands ofa committee; but if amended afterits second reading, it shall again beread as the second reading thereof,and laid over for further and finalaction. A majority vote of all themembers elected to Council shall benecessary for the adoption of anamendment to any legislation pend-ing before the Council.

Rule 48. Adoption. All ordinancesand resolutions shall require forpassage or adoption a majority voteof all the members elected. The voteon their adoption shall be taken byyeas and nays and entered on therecords of the meeting except asotherwise provided in these rules.

Rule 49. Signing Ordinances andResolutions. All ordinances passedand resolutions adopted by Councilshall be signed by the President andpresented forthwith to the Mayor bythe Clerk.

Rule 50. Action on Mayor’s Veto.When the Mayor refuses to sign anordinance or resolution or partthereof and returns such ordinanceor resolution to the Council withobjections, pursuant to Section 37 ofthe Charter, the Council shall afterthe expiration of not less than oneweek following the meeting atwhich such vetoed ordinance or res-olution is returned, proceed to recon-sider the same. After the adoptionof the motion so to reconsider, thequestion shall be stated as follows:“Shall Ordinance No. (ResolutionNo.) be passed (or adopted) notwith-standing the veto of the Mayor?Those voting aye vote to overridethe Mayor’s veto. Those voting nayvote to sustain the Mayor’s veto.” Iftwo-thirds of all the members elect-ed to Council vote aye, such ordi-nance or resolution vetoed by theMayor shall take effect without theMayor’s signature.

VII. ADMINISTRATIVEOFFICERS

Rule 51. Attendance Required. TheMayor and the directors of alldepartments shall be required toattend the regular and special meet-ing of Council and shall be provid-ed with seats on the floor of theCouncil. They shall be required, atany such meeting, to answer suchquestions relating to the affairs ofthe city under their respectivesupervision and control as may beput to them by any member of theCouncil.

Rule 52. Reports of City Officers.All ordinances, resolutions and com-munications pertaining to mattersthat come under the supervision andcontrol of the Mayor shall, in addi-tion to being referred to the propercommittees, be also referred to suchrespective administrative officersfor recommendation and report. Notlater than thirty (30) days after ref-erence to the administrative officeror officers as the case may be eachordinance, resolution, or communi-cation so referred shall be returnedto the Clerk of Council with theendorsement of each such adminis-trative officer’s approval or disap-proval of such matter so referred. Itshall be the duty of the Clerk ofCouncil to enforce this rule rigidly.The Clerk shall use all diligence inseeing that departments to whichmeasures are referred return themto the Clerk’s office within the timefixed herein.

Rule 52-1. Mandatory Referral ofLegislation. Mandatory referral oflegislation under Section 76-3 of theCharter shall be deemed to includethe following matters:

1. Zoning or other regulations ofland use.

2. Acquisition or lease of land forpublic uses.

3. Sale or lease of publicly ownedlands.

4. Vacation or dedication ofstreets or alleys.

5. Street widening or street exten-sions.

6. Permits for private uses ofstreets or public property.

7. Determining to proceed withpublic improvements.

8. Requests for studies or planpreparation.

9. Bond issues for capital im-provements.

10. Housing.

A request for an additional thir-ty (30) day period for further con-sideration may be granted by thePresident of Council if the appli-cation for such extension is sub-mitted to the President before theexpiration of the thirty (30) dayperiod allowed by Section 76-3 ofthe Charter. No further extensionof time shall be allowed exceptupon motion of a member of Coun-cil adopted by a majority vote ofall the members present. Suchrequest shall be filed with theClerk of Council.

Rule 52-2. Mutilation of Legisla-tion. No alteration, change, erasureor mark shall be made upon anypiece of legislation by any personexcept the Clerk of Council and thenonly pursuant to an amendmentthereto made by Council pursuant toRule 47. Nothing shall be physicallyattached to any piece of legislationafter introduction thereof except thefiscal certificate required by Section106 of the Charter nor shall anyendorsement appear upon any legis-lation except that of the head of thedepartment or office to which re-ferred or the person duly authorizedby such head. Reports of subordi-nates to the heads of departments orother pertinent data or reports may


10

be filed with such legislation ifreferred to in the official reportsendorsed upon the back of suchpiece of legislation.

VIII. COUNCIL CHAMBER

Rule 53. Use of Council Chamber.The Council Chamber shall be usedonly for meetings of the Council orcommittees thereof, except wherethe Council by vote authorizes itsuse by persons other than city offi-cials. The Clerk, with the writtenapproval of the President of Coun-cil, may permit other public officialsto use the Council Chamber on pub-lic business, when not in use by theCouncil or committees.

Rule 54. Privileges of Floor. Noperson except members or formermembers of the Council, officersnamed in the rules, reporters andpersons invited by the President ofCouncil or by vote of the Councilshall be admitted within the bar ofthe Council chamber, and theSergeant-at-Arms shall cause thisrule to be rigidly enforced.

IX. RULES, SUSPENSION,AMENDMENT AND OTHER

Rule 55. Suspension of Rules. Anyprovision of these rules may be sus-pended at any meeting of the Coun-cil, by a majority vote of all themembers elected, except when agreater number is required by lawor by the rules. The vote on anysuch suspensions shall be taken byyeas and nays and entered upon therecords.

Rule 56. Amending Rules. Theserules may be amended, or new rulesmay be adopted by a majority voteof all members elected to the Coun-cil, on the report of the committeeformed for such purpose.

Rule 57. Other Rules. Except asherein otherwise provided, the pro-ceedings of the Council shall be gov-erned by the City Charter, the Cod-ified Ordinances of the City ofCleveland, and Robert’s Rules ofOrder, and it shall be the duty ofthe presiding officer to adhere toand enforce such rules.

BOARD OF CONTROL

December 30, 2009

The regular meeting of the Boardof Control convened in the Mayor’soffice on Wednesday, December 30,2009, at 10:30 a.m. with Director Tri-ozzi presiding.

Present: Directors Triozzi, Dumas,Acting Director Withers, DirectorSmith, Acting Director R. Scott,Directors Carroll, Flask, Cox, Rush,Acting Director West, DirectorsNichols, Fumich, Interim DirectorMahoney and Director Rybka.

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

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

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

tions were adopted, except as maybe otherwise noted:

Resolution No. 580-09.By Director Dumas.Resolved by the Board of Control

of the City of Cleveland, that underSection 101 of the Charter, Section181.19 of the Codified Ordinances ofCleveland, Ohio, 1976, and Resolu-tion No. 921-52, adopted by the Boardof Control on November 26, 1952, thereport of the Commissioner of Pur-chases and Supplies for the sale ofscrap, personal property, and by-products during the month of De-cember, 2009 in the amount of$10,481.06, attached and made apartof this resolution, is received, ap-proved and ordered filed.

Yeas: Directors Triozzi, Dumas,Acting Director Withers, DirectorSmith, Acting Director R. Scott,Directors Carroll, Flask, Cox, Rush,Acting Director West, DirectorsNichols, Fumich, Interim DirectorMahoney and Director Rybka.

Nays: None.Absent: Mayor Jackson.

Resolution No. 581-09.By Interim Director Withers.Be it resolved by the Board of

Control of the City of Cleveland thatthe bid of Shook, Inc. Northern Divi-sion for the public improvement ofthe Morgan Chemical Facility Pro-ject No. 119, including a $1,592,855.00contingency allowance, all items, forthe Division of Water, Departmentof Public Utilities, received onNovember 18, 2009, under the author-ity of Ordinance No. 649-09, passedJune 8, 2009, upon a unit basis forthe improvement in the aggregateamount of $17,521,405.00, is affirmedand approved as the lowest respon-sible bid, and the Director of PublicUtilities is authorized to enter intoa contract for the improvement withthe bidder.

Be it further resolved by the Boardof Control of the City of Clevelandthat the employment of the follow-ing subcontractors by Shook, Inc.Northern Division for the above-men-tioned public improvement is ap-proved:

SUBCONTRACTOR WORKPERCENTAGE

PriceBuilders(CSB/MBE) $160,000.000.913%

PettyGroup(CSB/MBE) $ 8,274.000.047%



Resolution No. 582-09.By Director Wasik.Be it resolved by the Board of

Control of the City of Cleveland thatthe bid of R. W. Clark Company,Inc., for the public improvement ofthe building improvements for theoffice renovations to the Departmentof Community Development, Real Es-tate Office, base bid, and alternates1A, 1B, 2A, 2B, 2C and 3, for the De-partment of Public Service, receivedon October 14, 2009, under the

authority of Ordinance No. 485-07,passed June 11, 2007 by the Cleve-land City Council, for a gross pricefor the improvement in the aggre-gate amount of $136,705, is affirmedand approved as the lowest respon-sible bidder, and the Director ofPublic Service is authorized to enterinto contract for the improvementwith the bidder.

Be it further resolved, by theBoard of Control of the City ofCleveland that the employment ofthe following subcontractors by R.W. Clark Company, Inc. is ap-proved:

Subcontractor AmountMBE/FBE Percentage

Precision Industrial $10,598.00MBE 7.752%

Work Best Electric $ 5,000.00CSB/FBE 3.658%

Anderson Janitorial $ 300.00CSB/MBE .219%

Don Koo & Associates $ 5,200.003.803%

SRD Builder $17,670.0012.926%

Dentz Painting $ 3,995.002.922%



Resolution No. 583-09.By Director Flask.Resolved by the Board of Control

of the City of Cleveland that the bidof Fire Force Inc., for an estimatedquantity of Thermal Imaging Cam-eras, item number 1 thru item num-ber 4, for the Division of Fire,Department of Public Safety, for theperiod of one (1) year beginningwith the date of execution of a con-tract, received on October 16, 2009,under the authority of Ordinance No.912-09, passed by Cleveland CityCouncil on July 1, 2009, which on thebasis of the estimated quantitywould amount to $232,548.00, is here-by affirmed and approved as thelowest and best bid, and the Direc-tor of Public Safety is hereby re-quested to enter into a requirementcontract for the goods and/or ser-vices, which shall provide for theimmediate purchase as the initialamount of the contract of the fol-lowing:

Requisition No. 199430as specified,which shall be certified against thecontract in the sum of $232,548.00.

The requirement contract shallfurther provide that the Contractorshall furnish the remainder of theCity’s requirements for the goodsand/or services, whether more orless than the estimated quantity, asmay be ordered under subsequentrequisitions separately certifiedagainst the contract.


11



Resolution No. 584-09.By Director Flask.Resolved by the Board of Control

of the City of Cleveland that the bidof Independence Communications,Inc., for an estimated quantity ofInstallation and Removal of ExistingMobile Data Computers and ExistingIn-Car Video system Components,item number 1 and item number 2, forthe Division of Police, Department ofPublic Safety, for the period of one(1) year beginning with the date ofexecution of a contract, received onOctober 23, 2009, under the authorityof Ordinance No. 733-09, passed byCleveland City Council on June 8,2009, which on the basis of the esti-mated quantity would amount to$356,470.59, is hereby affirmed andapproved as the lowest and best bid,and the Director of Public Safety ishereby requested to enter into arequirement contract for the goodsand/or services, which shall providefor the immediate purchase as theinitial amount of the contract of thefollowing:

Requisition No. 188185as specified,which shall be certified against thecontract in the sum of $348,820.59.

The requirement contract shallfurther provide that the Contractorshall furnish the remainder of theCity’s requirements for the goodsand/or services, whether more orless than the estimated quantity, asmay be ordered under subsequentrequisitions separately certifiedagainst the contract.



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 failing

will 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

TUESDAY, JANUARY 19, 2010

9:30 A.M.

Calendar No. 09-247: 13600 Deise Ave-nue (Ward 10)

Northern Lakes Management Com-pany, owner, and Northern OhioScrap Service Corporation, lessee,through attorney Craig Miller, ap-peal under Section 329.02(d) of theCleveland Codified Ordinances froma Notice of Nonconformance issuedNovember 13, 2009 by the City ofCleveland Chief Building Officialfor a proposed scrap metal process-ing facility and open yard storageof scrap metal with an industrial-ized unit office building on acreagelocated at 13600 Deise Avenue.

Calendar No. 09-256: 1464 West 57thStreet (Ward 15)

Jacqueline Ortiz, owner appeals toerect a one-story frame, open porchat the front of a one-family dwellingon a 40' x 70' parcel in a Two-Fam-ily District; contrary to Section357.05(a) an interior side yard of 3feet is provided where 5 feet is re-quired. The proposed porch projects8 feet contrary to 6 feet, and a dis-tance of 8 feet 8 inches is providedfrom the street line, contrary to arequired 10 feet according to Section357.13(b)(4) in the Cleveland Codi-fied Ordinances.

Calendar No. 09-257: 4219 Cyril Ave-nue (Ward 14)

Burnice Weaver, owner, appeals toinstall a gravel driveway on a 35'x 140' parcel in a Two-Family Dis-trict; nonconforming to Section 337.18that requires accessory off-street park-ing spaces, driveway and maneuver-ing areas to be properly graded fordrainage so that all water is drain-ed within the lot providing suchparking spaces, surfaced with con-crete asphaltic concrete, asphalt orsimilar surfacing material, main-tained in good condition and free ofdebris and trash, as stated in theCleveland Codified Ordinances.

Calendar No. 09-261: 2916 FultonRoad (Ward 14)

Olga Rodriquez, owner, appeals toerect a 7' x 30' 4" one-story frame,open porch to the front of an exist-ing two-family dwelling on a 47' x55' parcel in a Local Retail Busi-ness District; contrary to Section357.13(b)(4), the proposed porch pro-

jects 7 feet where an open porchmay not project more than 6 feetand no distance is provided wherethe porch may not extend within 10feet of the street line, and the exist-ing nonconforming use, front porchfor a two family dwelling, requiresthe Board of Zoning Appeals ap-proval in accordance with Section359.01 of the Cleveland CodifiedOrdinances.

Calendar No. 09-264: 1524 East 118thStreet (Ward 9)

Jordan Real Estate LLC andEmmett Jordan, owner, appeal toinstall approximately 98 linear feetof 6-foot tall privacy fence alongthe side yard of a 40' x 138.92' par-cel in a Two-Family District; and adistance of 4 feet from an adjacentresidence building is proposed,where a fence in an actual sideyard of a residence district shallnot exceed 6 feet in height and notbe higher than its distance from aresidence building on an adjacentproperty, according to Section358.04(a) in the Cleveland CodifiedOrdinances.

Calendar No. 09-265: 450 East 109thStreet (Ward 8)

Melvin Upshaw, owner, and Ber-nice Daniels, tenant, appeal to erecta 5' x 5' wheelchair lift on a 40' x87' parcel in a One-Family Districtwhere a wheelchair lift is not a per-mitted encroachment in the provi-sions of Section 357.13 of the Cleve-land Codified Ordinances.

Secretary

REPORT OF THE BOARD

OF ZONING APPEALS

MONDAY, JANUARY 4, 2010

At the meeting of the Board ofZoning Appeals on Monday, January4, 2010, the following appeals wereheard by the Board.

The following appeals were Ap-proved:

Calendar No. 09-258: 18300 LotusDrive

Ervin Simmons, owner, and JaniceTalley, tenant, appealed to erect apre-manufactured wheelchair lift anda front porch landing on a parcel inan A1 One-Family District; subjectto conditions.

Calendar No. 09-215: 339 SkyviewRoad

William Kirchner appealed to erectas 12' x 12' rear deck extension toan existing deck in an A1 One-Fam-ily District.

The following appeal was Denied:

None

The following appeal was Dis-missed:

Calendar No. 09-177: 10515 SanduskyAvenue

Micah Sanford, owner, and LynetteFranklin, tenant, appealed to changeuse from a beauty salon to a daycare a two-story dwelling house ina Two-Family District.


12

The following appeals were Post-poned:

Calendar No. 09-244: 1678 Leonard Ave-nue postponed to February 16, 2010.

Calendar No. 09-245: 3926 Valley Roadpostponed to February 22, 2010.

Calendar No. 09-248: 1859-65 West25th Street postponed to January25, 2010.

Calendar No. 08-54: 3902 Lee Roadpostponed to February 16, 2010.

Calendar No. 09-218: 1616 West 25thStreet postponed to February 22,2010.

The following appeals heard by theBoard on December 21, 2009 were adopt-ed and approved on January 4, 2010.

The following appeals were Ap-proved:

Calendar No. 09-240: 7515 Euclid Ave-nue

Cleveland Housing Network, owner,and Emerald Alliance V, LP ap-pealed to construct a 70 unit apart-ment building in a Midtown MixedUse District 1.

Calendar No. 09-242: 5705 FranklinBoulevard

Lynnhaven Development Group,LLC appealed to erect a one-storyaccessory garage on an irregularshaped corner parcel in a Two-Fam-ily District.

Calendar No. 09-246: 3436 BroadviewRoad

Aqua Santi Builders appealed toerect a two-story room addition to aone-family dwelling in a Multi-Fam-ily District.

The following appeals were De-nied:

Calendar No. 09-243: 11010 AshburyAvenue

Samona Johnson appealed to estab-lish a Type A day Care use in an exist-ing dwelling in a Two-Family District.

Calendar No. 09-249: 4641 BroadwayAvenue

Katherine Kirschnick, d.b.a. FinnCafé appealed from a decision of the

Cleveland Division of Assessmentsand Licenses to deny an applicationfor a Coin Operated Amusement De-vice Licenses.

Secretary

REPORT OF THE BOARD

OF BUILDING STANDARDS

AND BUILDING APPEALS

NO MEETING

PUBLIC NOTICE

NONE

NOTICE OF PUBLIC HEARING_____________

Notice of Public HearingBy the Council Committee

On City Planning

Mercedes CotnerCommittee Room 217

City Hall, Cleveland, OhioOn Wednesday, January 20, 2010

1:00 p.m.

Notice is hereby given to all inter-ested property owners that theCouncil Committee on City Planningwill hold a public hearing in theMercedes Cotner Committee Room217, City Hall, Cleveland, Ohio, onWednesday, January 20, 2010 at 1:00p.m., to consider the following ordi-nances now pending in the Council:

Ord. No. 1112-09.By Council Member Zone.An ordinance changing the Use

District of lands on the southwestcorner of West 57th Street and Itha-ca Court shown shaded on theattached map from Two Family Res-idential (2F) to Urban Garden Dis-trict (UGD) (Map Change No. 2287,Sheet No. 1).

Ord. No. 1113-09.By Council Member Zone.An ordinance to change the Use

District of land located on the north-east corner of Bridge Avenue and

W. 58th Street to Open Space andRecreation District (Map Change No.2286 Sheet No. 1).

Ord. No. 1114-09.By Council Member Zone.An ordinance to change the Use

District of land located on the north-east corner of Clinton Avenue andWest 65th Street to Open Space andRecreation District (Map Change No.2285 Sheet No. 1).

Ord. No. 1727-09.By Council Member Mitchell.An ordinance to change the Use,

Area and Height Districts of landslocated on the south side of CarnegieAvenue and the north side of Cedarbetween East 100 Street and East106th as shown on the attached mapto an Institutional Research Use Dis-trict, a ‘D’ Area District and a ‘3’Height District (Map Change No. 2290;Sheet No. 5 & 9).

All interested persons are urgedto be present or to be represented atthe above time and place.

Phyllis E. ClevelandChair

Committee on City Planning

_____

January 6, 2010 and January 13, 2010

CITY OF CLEVELAND BIDS

NO BIDS

ADOPTED RESOLUTIONS

AND ORDINANCES

____________

NONE

COUNCIL COMMITTEE

MEETINGS

NO MEETINGS


13

Index

O—Ordinance; R—Resolution; F—File

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

Bold type in sections indicates amendments

Board of Control — Community Development Department

Office renovations — per Ord. 485-07 to R.W. Clark Company, Inc. — Office of Real Estate,

Dept. of Public Service (BOC Res. 582-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Board of Control — Finance Department

Sale of scrap, personal property, and by-products in December 2009 — per BOC Res. 921-52

(BOC Res. 580-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Board of Control — Fire Division

Cameras, thermal imaging — per Ord. 912-09 to Fire Force Inc. — Dept. of Public Safety

(BOC Res. 583-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Board of Control — Garrett A. Morgan Water Works Plant

Chemical Facility Project No. 119 — per Ord. 649-09 to Shook, Inc. Northern Division —

Division of Water, Dept. of Public Utilities (BOC Res. 581-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Board of Control — Police Division

Computers, Mobile Data and In-Car Video systems — per Ord. 733-09 to Independence

Communications, Inc. — Dept. of Public Safety (BOC Res. 584-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Board of Control — Public Improvement Contracts

Morgan Water Works Chemical Facility Project No. 119 — per Ord. 649-09 to

Shook, Inc. Northern Division — Division of Water, Dept. of Public Utilities (BOC Res. 581-09) . . . . . . . . . . . . . 11


Depts. of Community Development and Public Service (BOC Res. 582-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Board of Control — Public Safety Department

Cameras, thermal imaging — per Ord. 912-09 to Fire Force Inc. — Division of Fire

(BOC Res. 583-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11


Communications, Inc. — Division of Police (BOC Res. 584-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Board of Control — Public Service Department


Dept. of Community Development (BOC Res. 582-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Board of Control — Public Utilities Department


Shook, Inc. Northern Division — Division of Water (BOC Res. 581-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Board of Control — Purchases and Supplies Division

Sale of scrap, personal property, and by-products in December 2009 — per BOC Res. 921-52

(BOC Res. 580-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Board of Control — Real Estate Division

Office renovations — per Ord. 485-07 to R.W. Clark Company, Inc. — Depts. of Community

Development and Public Service (BOC Res. 582-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Board of Control — Requirement Contracts

Cameras, thermal imaging — per Ord. 912-09 to Fire Force Inc. — Division of Fire, Dept.

of Public Safety (BOC Res. 583-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11


Communications, Inc. — Division of Police, Dept. of Public Safety (BOC Res. 584-09). . . . . . . . . . . . . . . . . . . . . . 12

Board of Control — Water Division


Shook, Inc. Northern Division — Dept. of Public Utilities (BOC Res. 581-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Board of Zoning Appeals — Report

Ashbury Avenue, 11010, (Ward 9) — Samona Johnson, owner — appeal denied and adopted on

1/4/10 (Cal. 09-243). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Broadview Road, 3436, (Ward 15) — Aqua Santi Builders, owner — appeal granted and adopted

on 1/4/10 (Cal. 09-246) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Broadview Road, 4641, (Ward 5) — Katherine Kirschnick, owner — appeal denied and adopted

on 1/4/10 (Cal. 09-249) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Euclid Avenue, 7515, (Ward 6) — Cleveland Housing Network, owner and Emerald Alliance V,

LP — appeal granted and adopted on 10/4/10 (Cal. 09-240) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Franklin Boulevard, 5705, (Ward 17) — Lynnhaven Development Group, LLC, owner — appeal

granted and adopted on 1/4/10 (Cal. 09-242) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Lee Road, 3902, (Ward 1) — John Barnes, Jr., owner — appeal postponed to 2/16/10 on

1/4/10 (Cal. 08-54) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13


14

Leonard Avenue, 1678, (Ward 13) — Mike Hirko, owner, and Chuck Rogers, tenant — appeal

postponed to 2/16/10 on 1/4/10 (Cal. 09-244) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Lotus Drive, 18300, (Ward 1) — Ervin Simmons, owner, and Janice Talley, tenant — appeal

heard on 1/4/10 (Cal. 09-258) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Sandusky Avenue, 10515, (Ward 2) — Micah Sanford, owner and Lynette Franklin, tenant —

appeal dismissed on 1/4/10 (Cal. 09-177) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Skyview Road, 339, (Ward 15) — William Kirchner, owner — appeal heard on 1/4/2010

(Cal. 09-215) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Valley Road, 3926, (Ward 15) — Valley Road Properties, owner, and Verizon Wireless,

prospective lessee — appeal postponed to 2/22/10 on 1/4/10 (Cal. 09-245) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

West 25th Street, 1616, (Ward 13) — Ojala Properties, LLC, owner and Wael Ayyad, tenant —

appeal postponed to 2/22/10 on 1/4/10 (Cal. 09-218) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

West 25th Street, 1859-65, (Ward 13) — Heil Building Inc., owner, and Cleveland Garage

LLC, tenant — appeal postponed to 1/25/10 on 1/4/10 (Cal. 09-248) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Board of Zoning Appeals — Schedule

Cyril Avenue, 4219, (Ward 14) — Burnice Weaver, owner — appeal to be heard on 1/19/2010

(Cal. 09-257) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Deise Avenue, 13600, (Ward 10) — Northern Lakes Management Company, owner and Northern

Ohio Scrap Service Corporation, lessee, through attorney Craig Miller — appeal to

be heard on 1/19/2010 (Cal. 09-247) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

East 109th Street, 450, (Ward 14) — Melvin Upshaw, owner, and Bernice Daniels, tenant —

appeal to be heard on 1/19/2010 (Cal. 09-265) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

East 118th Street, 1524, (Ward 14) — Jordan Real Estate LLC and Emmett Jordan, owner —

appeal to be heard on 1/19/2010 (Cal. 09-264) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Fulton Road, 2916, (Ward 14) — Olga Rodriquez, owner — appeal to be heard on 1/19/2010

(Cal. 09-261) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

West 57th Street, 1464, (Ward 15) — Jacqueline Ortiz, owner — appeal to be heard on

1/19/2010 (Cal. 09-256) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

City Council

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

Council Members, 2010-2013 — Ward 1 through 19 — Oath of Office (F 3-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

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

Rules of Council, 2010-2013 Term (F 6-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Sweeney, Martin J. — oath of office — President of Cleveland City Council (F 4-10). . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Clerk of Council

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


Communications


Rules of Council, 2010-2013 Term (F 6-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Mayor’s Office

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

Oath of Office

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

Council Members, 2010-2013 — Ward 1 through 19 — oath of office (F 3-10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

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

Sweeney, Martin J. — oath of office — President of Cleveland City Council (F 4-10). . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Zoning

Bridge Ave. (northeast corner) & W. 58th St. — Change the Use District —

Open Space and Recreation District — City Planning Commission (Ward 17)

(O 1113-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Carnegie Ave. (south side) — Cedar Ave. (between East 100 St. & East 106th St.) —

change Use, Area and Height District — City Planning Commission (Ward 06)

(O 1727-09 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Clinton Ave. (northeast corner) & W. 65th St. — Change the Use District —

Open Space and Recreation District — City Planning Commission (Ward 17)

(O 1114-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

West 57th Street (southwest corner) & Ithaca Court — Change the Use District —

Two Family Residential to Urban Garden District — City Planning Commission

(Ward 17) (O 1112-09) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13


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