The City Record. Official Publication of the Council of the City of Cleveland. September the Twenty-Seventh, Two Thousand and Seventeen

Transcription

1 The City Record Official Publication of the Council of the City of Clevel September the Twenty-Seventh, Two Thous Seventeen Frank G. Jackson Mayor The City Record is available online at Kevin J. Kelley President of Council Containing PAGE Patricia J. Britt City Clerk, Clerk of Council Ward Name 1 Terrell H. Pruitt 2 Zachary Reed 3 Kerry McCormack 4 Kenneth L. Johnson 5 Phyllis E. Clevel 6 Blaine A. Griffin 7 TJ Dow 8 Michael D. Polensek 9 Kevin Conwell 10 Jeffrey D. Johnson 11 Dona Brady 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Brian J. Cummins 15 Matthew Zone 16 Brian Kazy 17 Martin J. Keane City Council 3 The Calendar 9 Board of Control 9 Civil Service 11 Board of Zoning Appeals 20 Board of Building Stards Building Appeals 22 Public Notice 24 Public Hearings 24 City of Clevel Bids 24 Adopted Resolutions Ordinances 25 Committee Meetings 34 Index 35 Printed on Recycled Paper

2 DIRECTORY OF CITY OFFICIALS CITY COUNCIL LEGISLATIVE President of Council Kevin J. Kelley Ward Name Residence 1 Terrell H. Pruitt Throckley Avenue Zack Reed East 149th Street Kerry McCormack West 38th Street Kenneth L. Johnson Hampton Road Phyllis E. Clevel East 36th Street Blaine A. Griffin Larchmere Boulevard TJ Dow Decker Avenue Michael D. Polensek Brian Avenue Kevin Conwell Ashbury Avenue Jeffrey D. Johnson Parkgate Avenue Dona Brady West Boulevard Anthony Brancatelli Ottawa Road Kevin J. Kelley Parkridge Avenue Brian J. Cummins Mapledale Avenue Matthew Zone West 69th Street Brian Kazy West 143rd Street Martin J. Keane Colletta Lane City Clerk, Clerk of Council Patricia J. Britt, 216 City Hall, MAYOR Frank G. Jackson Ken Silliman, Secretary to the Mayor, Chief of Staff Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs Martin J. Flask, Executive Assistant to the Mayor of Special Projects Monyka S. Price, Executive Assistant to the Mayor, Chief of Education Matt Gray, Executive Assistant to the Mayor, Chief of Sustainability Natoya J. Walker Minor, Executive Assistant to the Mayor, Chief of Public Affairs Edward W. Rybka, Executive Assistant to the Mayor, Chief of Regional Development Duane Deskins, Executive Assistant to the Mayor, Chief of Prevention, Intervention Opportunity for Youth Young Adults Dan Williams, Media Relations Director OFFICE OF CAPITAL PROJECTS Matthew L. Spronz, Director DIVISIONS: Architecture Site Development Manager Engineering Construction Richard J. Switalski, Manager Real Estate James DeRosa, Commissioner OFFICE OF EQUAL OPPORTUNITY Melissa K. Burrows, Ph.D., Director OFFICE OF QUALITY CONTROL AND PERFORMANCE MANAGEMENT Sabra T. Pierce-Scott, Director DEPT. OF LAW Barbara A. Langhenry, Director, Gary D. Singletary, Chief Counsel, Richard F. Horvath, Chief Corporate Counsel, Thomas J. Kaiser, Chief Trial Counsel, Victor R. Perez, Chief Assistant Prosecutor, Room 106: Robin Wood, Law Librarian, Room 100 DEPT. OF FINANCE Sharon Dumas, Director, Room 104; Natasha Brt, Manager, Internal Audit DIVISIONS: Accounts Lonya Moss Walker, Commissioner, Room 19 Assessments Licenses Dedrick Stephens, Commissioner, Room 122 City Treasury James Hartley, Interim Treasurer, Room 115 Financial Reporting Control James Gentile, Controller, Room 18 Information Technology Services Kimberly Roy-Wilson, Commissioner, 205 W. St. Clair Avenue Purchases Supplies Tiffany White, Commissioner, Room 128 Printing Reproduction Michael Hewitt, Commissioner, 1735 Lakeside Avenue Taxation Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue DEPT. OF PUBLIC UTILITIES Robert L. Davis, Director, 1201 Lakeside Avenue DIVISIONS: Clevel Public Power Ivan Henderson, Commissioner Utilities Fiscal Control Frank Badalamenti, Chief Financial Officer Water Alex Margevicius, Commissioner Water Pollution Control Rachid Zoghaib, Commissioner DEPT. OF PORT CONTROL Robert Kennedy, Director, Clevel Hopkins International Airport, 5300 Riverside Drive DIVISIONS: Burke Lakefront Airport Khalid Bahhur, Commissioner Clevel Hopkins International Airport Fred Szabo, Commissioner DEPT. OF PUBLIC WORKS Michael Cox, Director OFFICES: Administration John Laird, Manager Special Events Marketing Tangee Johnson, Manager DIVISIONS: Motor Vehicle Maintenance Jeffrey Brown, Commissioner Park Maintenance Properties Richard L. Silva, Commissioner Parking Facilities Kim Johnson, Interim Commissioner Property Management Tom Nagle, Commissioner Recreation Samuel Gissentaner, Interim Commissioner Streets Frank D. Williams, Interim Commissioner Traffic Engineering Robert Mavec, Commissioner Waste Collection Disposal Rell T. Scott, Interim Commissioner DEPT. OF PUBLIC HEALTH Merle Gordon, Director, 75 Erieview Plaza DIVISIONS: Air Quality David Hearne, Interim Commissioner Environment Brian Kimball, Commissioner, 75 Erieview Plaza Health Persis Sosiak, Commissioner, 75 Erieview Plaza DEPT. OF PUBLIC SAFETY Michael C. McGrath, Director, Room 230 DIVISIONS: Animal Control Services Edward Jamison, Chief Animal Control Officer, 2690 West 7th Street Correction Robert Taskey, Commissioner, Clevel House of Corrections, 4041 Northfield Rd. Emergency Medical Service Nicole Carlton, Acting Commissioner, 1708 South Pointe Drive Fire Patrick Kelly, Chief, 1645 Superior Avenue Police Calvin D. Williams, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street DEPT. OF COMMUNITY DEVELOPMENT Michael Cosgrove, Director DIVISIONS: Administrative Services Joy Anderson, Commissioner Fair Housing Consumer Affairs Office John Mahoney, Manager Neighborhood Development James Greene, Commissioner Neighborhood Services Louise V. Jackson, Commissioner DEPT. OF BUILDING AND HOUSING Ayonna Blue Donald, Interim Director, Room 500 DIVISIONS: Code Enforcement Thomas E. Vanover, Commissioner Construction Permitting Narid Hussain, Commissioner DEPT. OF HUMAN RESOURCES Nycole West, Director, Room 121 DEPT. OF ECONOMIC DEVELOPMENT David Ebersole, Interim Director, Room 210 DEPT. OF AGING Mary McNamara, Director, Room 122 COMMUNITY RELATIONS BOARD Room 11, Grady Stevenson, Interim Director, Mayor Frank G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice- Chairman, Council Member Brian Cummins, Eugene R. Miller (Board Lawyer), Roosevelt E. Coats, Jenice Contreras, Kathryn Hall, Yasir Hamdallah, Evangeline Hardaway, John O. Horton, Gary Johnson, Sr., Daniel McNea, Stephanie Morrison-Hrbek, Rol Muhammad, Gia Hoa Ryan, Peter Whitt. CIVIL SERVICE COMMISSION Room 119, Rev. Gregory E. Jordan, President; Michael Flickinger, Vice-President; Barry A. Withers, Interim Secretary; Members: Daniel J. Brennan, India Pierce Lee. SINKING FUND COMMISSION Frank G. Jackson, President; Council President Kevin J. Kelley; Betsy Hruby, Asst. Sec y.; Sharon Dumas, Director. BOARD OF ZONING APPEALS Room 516, Carol A. Johnson, Chairman; Members; Henry Bailey, Kelley Britt, Joan Shaver Washington, Tim Donovan, Elizabeth Kukla, Secretary. BOARD OF BUILDING STANDARDS AND BUILDING APPEALS Room 516, Joseph F. Denk, Chairman; Howard Bradley, Patrick M. Gallagher, Robert Maschke, Halim M. Saab, P.E., Alternate Members D. Cox, P. Frank, E. P. O Brien, Richard Pace, J.F. Sullivan. BOARD OF REVISION OF ASSESSMENTS Law Director Barbara A. Langhenry, President; Finance Director Sharon Dumas, Secretary; Council President Kevin J. Kelley. BOARD OF SIDEWALK APPEALS Capital Projects Director Matthew Spronz, Law Director Barbara A. Langhenry; Council Member Kenneth L. Johnson. BOARD OF REVIEW (Municipal Income Tax) Law Director Barbara A. Langhenry; Public Utilities Director Robert L. Davis; Council President Kevin J. Kelley. CITY PLANNING COMMISSION Room 501 Freddy L. Collier, Jr., Director; Anthony J. Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean Pinkney, Norman Krumholz, Council Member Phyllis E. Clevel. FAIR HOUSING BOARD, Chair; Daniel Conway, Robert L. Render, Genesis O. Brown. HOUSING ADVISORY BOARD Room 310 Keith Brown, Terri Hamilton Brown,Vickie Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, David Perkowski, Joan Shaver Washington, Keith Sutton. CLEVELAND BOXING AND WRESTLING COMMISSION Robert Jones, Chair man; Clint Martin, Mark Rivera. MORAL CLAIMS COMMISSION Law Director Barbara A. Langhenry; Chairman; Finance Director Sharon Dumas; Council President Kevin J. Kelley; Councilman Kevin Kelley. CLEVELAND LANDMARKS COMMISSION Room 519 Julie Trott, Chair; Giancarlo Calicchia, Vice Chair; Laura M. Bala, Freddy L. Collier, Jr., Allan Dreyer, Council Member Terrell H. Pruitt, Robert Strickl, Donald Petit, Secretary. AUDIT COMMITTEE Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane Down ing, Donna Sciarappa, Council President Kevin J. Kelley; Law Director Barbara A. Langhenry. CLEVELAND MUNICIPAL COURT JUSTICE CENTER 1200 ONTARIO STREET JUDGE COURTROOM ASSIGNMENTS Judge Courtroom Presiding Administrative Judge Ronald B. Adrine Courtroom 15A Judge Pinkey S. Carr Courtroom 15C Judge Marilyn B. Cassidy Courtroom 13A Judge Janet Rath Colaluca Courtroom 12B Judge Michelle Denise Earley Courtroom 14C Judge Emanuella Groves Courtroom 14B Judge Jimmy L. Jackson, Jr. Courtroom 12A Judge Lauren C. Moore Courtroom 14A Judge Charles L. Patton, Jr. Courtroom 13D Judge Ronald J.H. O Leary (Housing Court Judge) Courtroom 13B Judge Michael R. Sliwinski Courtroom 13C Judge Suzan Marie Sweeney Courtroom 12C Judge Joseph J. Zone Courtroom 14D Earle B. Turner Clerk of Courts, Russell R. Brown III Court Administrator, Robert J. Furda Chief Bailiff; Dean Jenkins Chief Probation Officer, Gregory F. Clifford Chief Magistrate.

3 The City Record OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND Vol. 104 WEDNESDAY, SEPTEMBER 27, 2017 No CITY COUNCIL MONDAY, SEPTEMBER 25, 2017 The City Record Published weekly by the City Clerk, Clerk of Council under authority of the Charter of the City of Clevel The City Record is available online at Address all communications to PATRICIA J. BRITT City Clerk, Clerk of Council 216 City Hall PERMANENT SCHEDULE STANDING COMMITTEES OF THE COUNCIL MAY 15, 2017 MONDAY Alternating 9:30 A.M. Health Human Services Committee: Cummins (CHAIR), Griffin (VICE-CHAIR), Brady, Clevel, Conwell, J. Johnson, McCormack. 9:30 A.M. Municipal Services Properties Committee: K. Johnson (CHAIR), Dow (VICE-CHAIR), Brancatelli, Cummins, J. Johnson, Kazy, Reed. MONDAY 2:00 P.M. Finance Committee: Kelley (CHAIR), Clevel (VICE- CHAIR), Brady, Brancatelli, Conwell, Griffin, Keane, Pruitt, Zone. TUESDAY 9:30 A.M. Development, Planning Sustainability Committee: Brancatelli (CHAIR), Clevel (VICE-CHAIR), Cummins, Dow, McCormack, Pruitt, Zone. TUESDAY Alternating 1:30 P.M. Utilities Committee: Pruitt (CHAIR), Brady (VICE- CHAIR), Brancatelli, Cummins, Griffin, Keane, Polensek. 1:30 P.M. Workforce Community Benefits Committee: Clevel (CHAIR), Zone (VICE-CHAIR), J.Johnson, Kazy, Polensek, Pruitt, Reed. WEDNESDAY Alternating 10:00 A.M. Safety Committee: Zone (CHAIR), Conwell (VICE- CHAIR), Griffin, Kazy, Keane, McCormack, Polensek. 10:00 A.M. Transportation Committee: Keane (CHAIR), Dow (VICE-CHAIR), Conwell, J. Johnson, K.Johnson, Kazy, Reed. The following Committees meet at the Call of the Chair: Mayor s Appointments Committee: Kazy (CHAIR), Brady, Clevel, Dow, Kelley. Operations Committee: Pruitt (CHAIR), Griffin, Kelley, Keane, Zone. Rules Committee: Kelley (CHAIR), Clevel, Keane, Polensek, Pruitt. OFFICIAL PROCEEDINGS CITY COUNCIL Clevel, Ohio September 25, 2017 The meeting of the Council was called to order at 7:01 p.m. with the President of Council, Kevin J. Kelley, in the Chair. Council Members present: Dona Brady, Anthony Brancatelli, Phyllis E. Clevel, Kevin Conwell, Brian J. Cummins, TJ Dow, Blaine A. Griffin, Jeffrey D. Johnson, Kenneth L. Johnson, Brian Kazy, Kevin J. Kelley, Martin J. Keane, Kerry McCormack, Michael D. Polensek, Terrell H. Pruitt, Zack Reed, Matthew Zone. Also present were: Chief Operating Officer Darnell Brown, Chief of Regional Development Edward W. Rybka, Chief of Education Monyka S. Price, Media Relations Director Dan Williams, Chief of Sustainability Matt Gray, Chief of Public Affairs Natoya Walker-Minor, Chief of Prevention, Intervention Opportunity for Youth Young Adults Duane Deskins, Directors Langhenry, Dumas, Davis, Kennedy, Spronz, Gordon, McGrath, Cosgrove, Donald, West, Ebersole, Stevenson, Collier, McNamara, Withers, Burrows Pierce Scott. MOTION Pursuant to Ordinance No , the opening prayer was offered by Bishop Eugene W. Ward Jr., Greater Love Missionary Full Gospel Baptist Church, Clevel, Ohio (Ward 2). Pledge of Allegiance. MOTION On the motion of Council Member Conwell, the reading of the minutes of the last meeting was dispensed with the journal approved. Seconded by Council Member Cummins FROM OHIO DIVISION OF LIQUOR CONTROL File No RE: # Economic Development Transfer Application, D5 D International LLC, 2222 St. Clair Avenue (Ward 7). Received. File No RE: # Transfer of Ownership Application, D2 D2X D3 D3A. Cavadas LLC, 2317 Denison Avenue (Ward 12). Received. File No RE: # Stock Application, D2 D2X D3 D3A D6. Kennys Tav, Inc., 4227 Fulton Road (Ward 13). Received. File No RE: # Transfer of Ownership Application, C1 C2 D6. Falguni Krupa LLC, 3584 West 150th Street (Ward 11). Received. CONDOLENCE RESOLUTIONS The rules were suspended the following Resolutions were adopted by a rising vote: Res. No Ora Lee Thompson. Res. No David Brooks Bailey. Res. No Troyonn Berge. Res. No Martha Ann Mason. CONGRATULATIONS RESOLUTIONS The rules were suspended the following Resolutions were adopted without objection: Res. No Michael DiMartino. Res. No Christopher M. Connor. Res. No Patrick A. Criscuolo. RECOGNITION RESOLUTIONS The rules were suspended the following Resolutions were adopted without objection: Res. No Menlo Park Academy Dedication. Res. No The Foundry. FIRST READING EMERGENCY ORDINANCES REFERRED Ord. No By Council Members K. Johnson Kelley (by departmental request). An emergency ordinance authorizing the Mayor to apply to the District One Public Works Integrating

4 4 The City Record September 27, 2017 Committee for state funding for the rehabilitation of Clark Avenue, East 105th Street, East 131st Street, Fulton Road, Harvard Avenue Lorain Avenue; to apply for accept gifts, grants, other funding from various entities for the improvements; authorizing the Director of Capital Projects to enter into contracts agreements to design construct the improvements other agreements needed to implement the improvements; authorizing the Commissioner of Purchases Supplies to acquire, accept, record for right-of-way purposes real property easements necessary to make the improvements; giving consent of the City of Clevel to the Director of Transportation of the State of Ohio for improving Clark Avenue Lorain Avenue; cause payment to the State of Ohio for the City s share of the cost of the Clark Avenue Lorain Avenue improvement. Whereas, under Article VIII, Section 2k of the Ohio Constitution, the State of Ohio is authorized to issue bonds other obligations of the State for the purpose of financing public infrastructure capital improvements of political subdivisions as designated by law; Whereas, under Section of the Revised Code, the District One Public Works Integrating Committee has been created to evaluate applications for state financing of capital improvement projects of local subdivisions in Cuyahoga County; Whereas, this ordinance constitutes for the usual daily operation of a municipal department; now, therefore Be it ordained by the Council of the City of Clevel: Section 1. That the Mayor is authorized to apply to the District One Public Works Integrating Committee for state funding for the following infrastructure capital improvements (collectively the Improvements ): 1. Clark Avenue rehabilitation from West 41st Street to Quigley Road, PID ; 2. East 105th Street rehabilitation from East Boulevard to Greenlawn Avenue; 3. East 131st Street rehabilitation from Miles Avenue to Union Avenue; 4. Fulton Road reconstruction from Clark Avenue to Lorain Avenue; 5. Harvard Avenue rehabilitation from Lee Road to Evanston; 6. Lorain Avenue rehabilitation from West 117th Street to West 65th Street, PID Section 2. That the Mayor is authorized to apply to the District One Public Works Integrating Committee for state funding to obtain credit enhancements loan assistance in support of the city s bonds issued for bridge road improvements. Section 3. That the Mayor is authorized to accept one or more grants from the Ohio Public Works Commission, acting by through its Director, to finance the Improvements; that the Mayor is authorized to file all papers execute all documents necessary to receive the funds under the grant; that the funds are appropriated for the purposes described in this ordinance. Section 4. That the Director of Capital Projects is authorized to apply for accept gifts or grants or other funding from public or private entities, including but not limited to NOACA, that the Director is authorized to file all papers execute all documents necessary to receive the funds; that the funds are appropriated for the purposes of this ordinance. Section 5. That, provided the City sells future bonds authorized for the purposes of this ordinance, the City of Clevel is obligated to provide cash matching funds in the amount of the local share. Section 6. That, provided the City sells future bonds authorized for the purposes of this ordinance, the Director of Capital Projects is authorized to employ by contract or contracts one or more consultants or one or more firms of consultants for the purpose of supplementing the regularly employed staff of the several departments of the City of Clevel in order to provide professional design, engineering construction services necessary for the Improvements. The selection of the consultants for the services shall be made by the Board of Control on the nomination of the Director of Capital Projects from a list of qualified consultants available for employment as may be determined after a full complete canvass by the Director of Capital Projects for the purpose of compiling a list. The compensation to be paid for the services shall be fixed by the Board of Control. The contract or contracts shall be prepared by the Director of Law, approved by the Director of Capital Projects certified by the Director of Finance. Section 7. That, under Section 167 of the Charter of the City of Clevel, this Council determines to make the public improvement as described in this ordinance, for the Office of Capital Projects, by one or more contracts duly let to the lowest responsible bidder or bidders after competitive bidding on a unit basis for the Improvements. Section 8. That, provided the City sells future bonds authorized for the purposes of this ordinance, the Director of Capital Projects is authorized to enter into one or more contracts for the making of the Improvements with the lowest responsible bidder or bidders after competitive bidding on a unit basis for the Improvements, provided, however, that each separate trade each distinct component part of the Improvements may be treated as a separate improvement, each, or any combination, of the trades or components may be the subject of a separate contract on a unit basis. Section 9. That the Director of Capital Projects is authorized to accept cash contributions from public or private entities for infrastructure restoration costs associated with relocating, rehabilitating or reconstructing utility infrastructure for the Improvements costs associated with implementing green infrastructure features to address combined sewer overflows. That the Director of Capital Projects is authorized to enter into agreements with the entities for this purpose Section 10. That, when appropriate, the Director of Capital Projects is authorized to enter into one or more contracts with railroads, the Greater Clevel Regional Transit Authority, the Northeast Ohio Regional Sewer District other entities to obtain services or to acquire property rights such as easements licenses, necessary to construct the Improvement described in this ordinance. Section 11. That the Director of Capital Projects is authorized to enter into one or more agreements with utility companies to pay charges for the installation of underground lines in connection with the Improvements. Section 12. That notwithsting any provision of the Codified Ordinances of Clevel, Ohio, 1976, to the contrary, the Commissioner of Purchases Supplies is authorized to acquire, accept, record for right-of-way purposes any real property easements necessary to make the Improvements. The consideration to be paid for the property easements shall not exceed fair market value to be determined by the Board of Control. Section 13. That the Director of Capital Projects is authorized to execute, on behalf of the City, all documents necessary to acquire, accept, record the property easements to employ pay all fees for title companies, surveys, escrows, appraisers, all other costs necessary for the acquisition of the property easements. Section 14. That the Director of Capital Projects is authorized to enter into any agreements needed to implement the Improvements, including but not limited to, multiparty agreements between the City other governmental entities regarding the funding construction of the Improvements. Section 15. That the Director of Capital Projects is authorized to enter into one or more Local Project Administration agreements with the Ohio Department of Transportation to fund construct any portion of the Improvements contained in this ordinance, to enter into one or more contracts for the expenditures of grants or other funding to implement this ordinance with the lowest best responsible bidder or engineer. Section 16. That it is declared to be in the public interest that the consent of the City of Clevel is given to the Director of Transportation of the State of Ohio ( the State ) to construct the following improvement under plans, specifications, estimates approved by the State: rehabilitation Clark Avenue from West 41st Street to Quigley Road, PID No (the Clark Improvement ) repair resurfacing of Lorain Avenue from West 117th Street to West 65th Street, PID (the Lorain Improvement ). Section 17. That the City proposes to cooperate with the State in the cost of the Improvement by assuming contributing the entire cost expense of the Improvement, less the amount of federal funds allocated by the Federal Highway Administration, United States Department of Transportation. The City agrees to assume one hundred percent (100%) of the cost of preliminary engineering, right-of-way

5 September 27, 2017 The City Record 5 environmental documentation. Also, the City agrees to assume contribute 100% of the cost of any items included in the construction contract at the request of the City, which are determined by the State not eligible or made necessary by the Clark Improvement Lorain Improvement. The share of the cost of the City is estimated in the amount of $2,693,982 for the Clark Improvement $851,630 for the Lorain Improvement, but the estimated amount is to be adjusted in order that the City s ultimate share of the Improvements shall correspond with the percentages of actual costs when the actual costs are determined. Section 18. That the Director of Capital Projects is authorized to enter into one or more agreements with the State necessary to complete the planning construction of the Clark Lorain Improvements, which LPA-ODOT-Let agreements shall contain terms conditions that the Director of Law determines shall best protect the public interest. Section 19. Utilities Right-of- Way Statement. The City agrees to acquire /or make available to ODOT, under current State Federal regulations, all necessary rightof-way required for the Clark Lorain Improvements. The City also understs that right-of-way costs include eligible utility costs. The City agrees to be responsible for all utility accommodation, relocation, reimbursement agrees that all such accommodations, relocations, reimbursements shall comply with the current provisions of 23 CFR 645 the ODOT Utilities Manual. Section 20. Maintenance. Upon completion of the Clark Lorain Improvements, unless otherwise agreed, the City shall: (1) provide adequate maintenance for the Improvement under all applicable state federal laws, including, but not limited to, 23 USC 116; (2) provide ample financial provisions, as necessary, for the maintenance of the Improvement; (3) maintain the right-of-way, keeping it free of obstructions; (4) hold said rightof-way inviolate for public highway purposes. Section 21. That the Director of Capital Projects is authorized to enter into contracts with ODOT prequalified consultants for the preliminary engineering phase of the Clark Lorain Improvements to enter into contracts with the Director of Transportation necessary to complete the above described project. Upon the request of ODOT, the Director of Capital Projects is also authorized to assign all rights, title, interests of the City to ODOT arising from any agreement with its consultant in order to allow ODOT to direct additional or corrective work, recover damages due to errors or omissions, to exercise all other contractual rights remedies afforded by law or equity. Section 22. That the City agrees that if Federal Funds are used to pay the cost of any consultant contract, the City shall comply with 23 CFR 172 in the selection of its consultant the administration of the consultant contract. Further, the City agrees to incorporate ODOT s Specifications for Consulting Services as a contract document in all of its consultant contracts. The City agrees to require, as a scope of services clause, that all plans prepared by the consultant must conform to ODOT s current design stards that the consultant shall be responsible for ongoing consultant involvement during the construction phase of the Clark Lorain Improvements. The City agrees to include a completion schedule acceptable to ODOT to assist ODOT in rating the consultant s performance through ODOT s Consultant Evaluation System. Section 23. That this Council requests the State to proceed with the Clark Lorain Improvements. Section 24. That the cost of the contracts, payments, property acquisition, agreements, cash matches, payment to the State for the City s share of the cost of the Clark Avenue rehabilitation Lorain Avenue rehabilitation, other expenditures authorized shall be paid from the fund or funds to which are credited any gift, grant, or other funds received under this ordinance, from cash contributions accepted appropriated under this ordinance, Fund Nos. 20 SF 520, 20 SF 528, 20 SF 534, 20 SF 540, 20 SF 546, 20 SF 554, 20 SF 563, 20 SF 568, 20 SF 574, 20 SF 579 any all funds approved by the Director of Finance, including future bond funds if issued for this purpose. Section 25. That this ordinance is declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it immediately upon its passage approval by the Mayor; otherwise it from after the earliest period allowed by law. Referred to Directors of Capital Projects, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Finance. Ord. No By Council Members McCormack, K. Johnson Brancatelli (by departmental request). An emergency ordinance authorizing the Director of Capital Projects to issue a permit to Key Center Properties LLC to encroach into the public right-of-way of St. Clair Avenue by installing, using, maintaining an entrance vestibule canopy. Whereas, this ordinance constitutes for the usual daily operation of a municipal department; now, therefore Be it ordained by the Council of the City of Clevel: Section 1. That the Director of Capital Projects is authorized to issue a permit, revocable at the will of Council, to Key Center Properties LLC, 1300 Key Tower, 127 Public Square, Clevel, Ohio ( Permittee ), to encroach into the public right-of-way of St Clair Avenue by installing, using, maintaining an entrance vestibule canopy at the following location: 1639 KEY TOWER VESTIBULE AND CANOPY ENCROACHMENT Situated in the City of Clevel, County of Cuyahoga State of Ohio known as being part of the Original Two Acre Lots Nos further bounded described: Beginning at the intersection of the easterly right of way of Ontario Street (99 feet wide) the southerly right of way of St. Clair Avenue N.E. (formerly St. Clair Street) (99 feet wide), referenced by a p.k. nail found North 87 39' 20" West, 1.80 feet; Thence North 55 54' 24" East along the southerly right of way of St. Clair Avenue N.E., feet to the Principal Place of Beginning of encroachment herein described; Thence North 34 09' 37" West, feet to a point; Thence North 55 50' 23" East, 9.85 feet to a point; Thence South 34 09' 37" East, feet to the southerly right of way of said St. Clair Avenue N.E.; Thence South 55 54' 24" West along the southerly right of way of St. Clair Avenue N.E., 9.85 feet to the Principal Place of Beginning, containing 121 square feet of l as described by Peter John Gauriloff, P.S. No of the Riverstone Company in June of 2017 subject to all legal highways, easements, reservations Legal Description approved by Greg Esber, Section Chief, Plats, Surveys House Numbering Section. Section 2. That the Director of Law shall prepare the permit authorized by this ordinance shall incorporate such additional provisions as the Director of Law determines necessary to protect benefit the public interest. The permit shall be issued only when, in the opinion of the Director of Law, the prospective Permittee has properly indemnified the City against any loss that may result from the encroachments permitted. Section 3. That Permittee may assign the permit only with the prior written consent of the Director of Capital Project. That the encroaching structures permitted by this ordinance shall conform to plans specifications first approved by the Manager of the City s Division of Engineering Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits, before installing the encroachments. Section 4. That the permit shall reserve to the City reasonable right of entry to the encroachment location. Section 5. That this ordinance is declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it immediately upon its passage approval by the Mayor; otherwise it from after the earliest period allowed by law. Referred to Directors of Capital Projects, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Development Planning Sustainability.

6 6 The City Record September 27, 2017 FIRST READING EMERGENCY RESOLUTION REFERRED Res. No By Council Member K. Johnson. An emergency resolution urging the Ohio Attorney General Superintendent of the Ohio Department of Commerce, Division of Real Estate Professional Licensing to vigorously enforce collect civil penalties assessed as disciplinary actions for violating the Ohio Revised Code Section requirement that no person or corporation advertise, act or assume to act as a real estate broker or salesperson without first being licensed under ORC Chapter Whereas, Ohio Revised Code (ORC) Section provides that no person, partnership, association, limited liability company or partnership, or corporation shall advertise, act or assume to act as a real estate broker or real estate salesperson, without first being licensed under Ohio Revised Code Chapter 4735; Whereas, after an investigation hearing, the Ohio Real Estate Commission (Commission) shall decide whether to impose disciplinary sanctions upon a party for violating ORC Section , may assess a civil penalty, in an amount it determines, not to exceed one thous dollars per violation; Whereas, if a party fails to pay a civil penalty assessed as disciplinary action for violating ORC Section s license requirement within the time prescribed by the Commission, the Superintendent of the Ohio Department of Commerce, Division of Real Estate Professional Licensing (Superintendent) shall forward to the Attorney General the name of the party the amount of the civil penalty, for the purpose of collecting that civil penalty any fee assessed by the Attorney General for collection of the civil penalty; Whereas, the Superintendent may reserve the right to bring a civil action against a party that fails to pay a civil penalty for breach of contract; Whereas, this Council urges the Ohio Attorney General Superintendent to vigorously enforce collect civil penalties assessed against parties as disciplinary actions for violating the ORC Section license requirement by selling real estate without a license; Whereas, this resolution constitutes an emergency measure for the immediate preservation of public peace, property, health or safety, now, therefore, Be it resolved by the Council of the City of Clevel: Section 1. That this Council urges the Ohio Attorney General Superintendent of the Ohio Department of Commerce, Division of Real Estate Professional Licensing to vigorously enforce collect civil penalties assessed as disciplinary actions for violating the Ohio Revised Code Section requirement that no person or corporation advertise, act or assume to act as a real estate broker or salesperson without first being licensed under Chapter Section 2. That the Clerk of Council is directed to transmit copies of this resolution to the Ohio Attorney General, Mike DeWine, the Superintendent, Anne Petit. Section 3. That this resolution is hereby declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it immediately upon its adoption approval by the Mayor; otherwise it from after the earliest period allowed by law. Referred to Committee on Finance. FIRST READING EMERGENCY ORDINANCE READ IN FULL AND PASSED Ord. No By Council Member McCormack. An emergency ordinance consenting approving the issuance of a permit for the 40th Annual Walk of Hope, on Saturday, October 7, 2017, sponsored by the Catholic Charities Disability Services Ministries. Whereas, this ordinance constitutes for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Clevel: Section 1. That pursuant to Section of the Codified Ordinances of Clevel, Ohio 1976, this Council consents to approves the holding of the 40th Annual Walk for Hope, sponsored by the Catholic Charities Disability Services Ministries, on Saturday, October 7, 2017; leave St. Augustine Church at 2486 West 14th Street, head north to West 14th Kenilworth Avenue; turn right, go east on Kenilworth to West 11th Street (towards Lincoln Park); turn right onto West 11th to Starkweather Avenue; turn right onto Starkweather go to West 14th Street; turn right onto West 14th go to Kenilworth Avenue; turn right onto Kenilworth go to West 11th Street; turn left onto West 11th walk to University Road; turn right onto University go to West 10th Street; CHECKPOINT at West 10th by Fat Cats, 2061 West 10th Street; turn right onto West 10th walk to stop sign; veer left onto Professor Avenue staying on the right h side of the street; CHECK- POINT at Professor College Avenue in front of St. John Cantius Church, 906 College Avenue; head to Jefferson Avenue; turn right onto Jefferson walk to Starkweather Avenue; turn right onto Starkweather, CHECKPOINT at Starkweather West 11th Street by Merrick House, 1050 Starkweather Avenue; at West 14th Street, cross to the west side of West 14th; turn right return to St Augustine Church; provided that the applicant sponsor shall meet all the requirements of Section of the Codified Ordinances of Clevel, Ohio, Streets may be closed as determined by the Chief of Police safety forces as may be necessary in order to protect the participants in the event. Said permit shall further provide that the City of Clevel shall be fully indemnified from any all liability resulting from the issuance of the same, to the extent in form satisfactory to the Director of Law Section 2. That this ordinance is hereby declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it immediately upon its passage approval by the Mayor; otherwise, it from after the earliest period allowed by law. Motion to suspend rules, Charter, statutory provisions place on final passage. The rules were suspended. Yeas 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. Nays 0. FIRST READING EMERGENCY RESOLUTIONS READ IN FULL AND ADOPTED Res. No By Council Member K. Johnson. An emergency resolution withdrawing objection to a New C2 Liquor Permit at 3350 East 116th Street repealing Resolution No , objecting to said permit. Whereas, this Council objected to a New C2 Liquor Permit at 7 Star LLC, DBA Kinsman Convenience & Gas, 3350 East 116th Street, Clevel, Ohio 44120, Permit Number by Resolution No adopted by the Council on September 18, 2017; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; Whereas, this resolution constitutes for the usual daily operation of a municipal department; now, therefore, Be it resolved by the Council of the City of Clevel: Section 1. That objection to a New C2 Liquor Permit at 7 Star LLC, DBA Kinsman Convenience & Gas, 3350 East 116th Street, Clevel, Ohio 44120, Permit Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is hereby declared to be an emergency measure provided it receives the affirmative vote of two-thirds of all the members elected to Council, it immediately upon its adoption approval by the Mayor; otherwise, it from after the earliest period allowed by law. Motion to suspend rules, Charter, statutory provisions place on final adoption. The rules were suspended. Yeas 17. Nays 0. Read second time. Read third time in full. Adopted. Yeas 17. Nays 0. Res. No By Council Member Brancatelli. An emergency resolution objecting to a New C1 Liquor Permit at 8003 Broadway Avenue. Whereas, Council has been notified by the Division of Liquor Control of an application for a New C1 Liquor Permit at Family Dollar Stores of Ohio, Inc., DBA Family Dollar #10417, 8003 Broadway Avenue, Clevel, Ohio 44105, Permit Number ;

7 September 27, 2017 The City Record 7 Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; Whereas, this resolution constitutes for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, Be it resolved by the Council of the City of Clevel: Section 1. That Council does hereby record its objection to a New C1 Liquor Permit at Family Dollar Stores of Ohio, Inc., DBA Family Dollar #10417, 8003 Broadway Avenue, Clevel, Ohio 44105, Permit Number , requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is hereby declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it immediately upon its adoption approval by the Mayor; otherwise, it from after the earliest period allowed by law. Motion to suspend rules, Charter, statutory provisions place on final adoption. The rules were suspended. Yeas 17. Nays 0. Read second time. Read third time in full. Adopted. Yeas 17. Nays 0. Res. No By Council Member Kelley. An emergency resolution objecting to a New C1 Liquor Permit at 2152 Brookpark Road. Whereas, Council has been notified by the Division of Liquor Control of an application for a New C1 Liquor Permit at Family Dollar Stores of Ohio, Inc., DBA Family Dollar #8343, 2152 Brookpark Road, Clevel, Ohio 44134, Permit Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; Whereas, this resolution constitutes for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, Be it resolved by the Council of the City of Clevel: Section 1. That Council does hereby record its objection to a New C1 Liquor Permit at Family Dollar Stores of Ohio, Inc., DBA Family Dollar #8343, 2152 Brookpark Road, Clevel, Ohio 44134, Permit Number , requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is hereby declared to be an emergency measure, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it immediately upon its adoption approval by the Mayor; otherwise, it from after the earliest period allowed by law. Motion to suspend rules, Charter, statutory provisions place on final adoption. The rules were suspended. Yeas 17. Nays 0. Read second time. Read third time in full. Adopted. Yeas 17. Nays SECOND READING EMERGENCY ORDINANCES PASSED Ord, No By Council Members McCormack, Brancatelli Kelley (by departmental request). An emergency ordinance authorizing the Commissioner of Purchases Supplies to acquire re-convey properties presently owned by CAC Project 2014 Limited Liability Company, or its designee, located at Euclid Avenue, for the purpose of entering into the chain-oftitle prior to the adoption of tax increment financing legislation authorized under Section of the Revised Code. Approved by Directors of Economic Development, City Planning Commission, Finance, Law; Passage recommended by Committees on Development Planning Sustainability, Finance. The rules were suspended. Yeas 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. Nays 0. Ord. No By Council Members McCormack, Brancatelli Kelley (by departmental request). An emergency ordinance approving the addition of certain property to the Northeast Ohio Advanced Energy District; accepting a petition plan from a lessee in the District identifying a special energy improvement project, approving the petition plan as owner of property in the District; declaring it necessary to conduct the special energy improvement project; providing for the assessment of the cost expense of such special energy improvement project; authorizing the Director of Economic Development to enter into a Cooperative Agreement a Special Assessment Agreement to implement the project; declaring an emergency. Approved by Directors of Economic Development, City Planning Commission, Finance, Law; Passage recommended by Committees on Development Planning Sustainability, Finance, when amended, as follows: 1. In the 6th Whereas clause, line 1, strike Cumberl has provided insert the City has provided. 2. In Section 1 line 2, after of this Ordinance insert ; strike lines 3, 4, 5, 6 in their entirety insert: approved, the Director of the Department of Economic Development is directed to execute the Cumberl Project Petition on behalf of the City. A final copy of the Petition will be placed in the file after its adoption by the District.. 3. In Section 4, line 5, strike the Owner insert Cumberl. 4. In Section 10, line 1, strike on the insert on ; in line 2, after Agreement strike the comma insert a semicolon; in line 4, after Cumberl strike the comma insert a semicolon. Amendments agreed to. The rules were suspended. Yeas 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. Nays 0. In compliance with Section 33 of the Charter a copy of the legislation was furnished to each member of Council before final passage.

8 8 The City Record September 27, 2017 Ord. No By Council Members Brancatelli Kelley (by departmental request). An emergency ordinance authorizing the Director of Economic Development to enter into an Enterprise Zone Agreement with Nova Tube Steel LLC, /or its designee, to provide for tax abatement for certain real property improvements for the development of a tube mill manufacturing facility in the Cuyahoga Valley Industrial Center located at I-77 Pershing Avenue in the Clevel Area Enterprise Zone. Approved by Directors of Economic Development, Finance, Law; Passage recommended by Committees on Development Planning Sustainability, Finance. The rules were suspended. Yeas 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. Nays 0. Ord. No By Council Members Brady, Brancatelli Kelley (by departmental request). An emergency ordinance authorizing the Director of Economic Development to enter into a grant agreement with the Detroit Shoreway Community Development Organization, or its designee, to provide economic development assistance to partially finance the redevelopment of the Variety Theatre. Approved by Directors of Economic Development, Finance, Law; Passage recommended by Committees on Development Planning Sustainability; Finance, when amended, as follows: 1. In Section 4, line 2, strike 17 SF 015, insert, 17 SF 015, any all funds approved by the Director of Finance,. Amendment agreed to. The rules were suspended. Yeas 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. Nays 0. In compliance with Section 33 of the Charter a copy of the legislation was furnished to each member of Council before final passage. Ord. No By Council Member Cummins. An emergency ordinance to amend Chapter 106 of the Codified Ordinances of Clevel, Ohio, 1976, as enacted by Ordinance No , passed December 5, 2016, relating to Democracy Day. Approved by Director of Law; Passage recommended by Committee on Finance. The rules were suspended. Yeas 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. Nays 0. Ord. No By Council Member Kelley (by departmental request). An emergency ordinance to amend Section of the Codified Ordinances of Clevel, Ohio, 1976, as amended by Ordinance No , passed June 5, 2017, relating to the use of City credit cards. Approved by Directors of Finance, Law; Passage recommended by Committee on Finance. The rules were suspended. Yeas 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. Nays 0. Ord. No By Council Member Kelley (by departmental request). An emergency ordinance authorizing the Director of Finance to lease certain space located at 3631 Perkins Avenue from MidCity, Ltd. for the public purpose of providing executive office space for the Clevel Community Police Commission, for a term of two years, with one option to renew for an additional one year period, exercisable by the Director of Finance. Approved by Directors of Finance, Law; Passage recommended by Committee on Finance. The rules were suspended. Yeas 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. Nays 0. Ord. No By Council Member Kelley (by departmental request). An emergency ordinance authorizing payment of membership dues of the City of Clevel in the Northeast Ohio Areawide Coordinating Agency for Approved by Directors of Finance, Law; Passage recommended by Committee on Finance. The rules were suspended. Yeas 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. Nays 0. Ord. No By Council Member Kelley (by departmental request). An emergency ordinance authorizing the Director of Finance to enter into various written stard purchase requirement contracts for the purchase of various electrical plumbing materials related equipment, supplies, services, including labor if necessary, for the various divisions of City government, for a period up to two years, with one option to renew for an additional year, exercisable by the Director of Finance. Approved by Directors of Finance, Law; Passage recommended by Committee on Finance. The rules were suspended. Yeas 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. Nays 0. Ord. No By Council Member Kelley (by departmental request). An emergency ordinance authorizing the purchase by one or more requirement contracts of unarmed, uniformed security guard services, for the various divisions of City government, for a period of two years, with an option to renew for a oneyear period, exercisable by the Director of Finance. Approved by Directors of Finance, Law; Passage recommended by Committee on Finance. The rules were suspended. Yeas 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. Nays 0. Ord. No By Council Member Kelley (by departmental request). An emergency ordinance authorizing the purchase by one or more contracts to demolish blighted nuisance outdoor payphones 1642 sidewalk restoration services, including storage disposal of scrap materials, for the Division of Assessment Licenses, Department of Finance, for a period of two years, with two one-year options to renew, exercisable by the Director of Finance. Approved by Directors of Finance, Law; Passage recommended by Committee on Finance. The rules were suspended. Yeas 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. Nays 0. SECOND READING ORDINANCE PASSED Ord. No By Council Member Cummins. An ordinance changing the Use, Height Area Districts South of I-90 North of Clark Avenue between West 41st Street Fulton Road as identified on the attached map (Map Change No. 2569). Approved by Directors of City Planning Commission, Law; Passage recommended by Committee on Development Planning Sustainability. The rules were suspended. Yeas 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. Nays 0. SECOND READING EMERGENCY RESOLUTION ADOPTED Res. No By Council Members Cummins, Brady, McCormack, Zone, J. Johnson, Griffin. An emergency resolution supporting immigrant youth, including those protected by DACA supporting a federal law that would continue the DACA program allow a path to citizenship for Dreamers; opposing the withholding of federal funding as a way to pressure local municipalities to enforce federal immigration policies; denouncing anti-immigrant bills that promote racial profiling, discrimination harassment of immigrant communities; committing to working with the Jackson administration to establish strong policies to protect vulnerable communities, especially immigrant communities. Approved by Committee on Finance. The rules were suspended. Yeas 17. Nays 0. Read second time. Read third time in full. Adopted. Yeas 17. Nays 0. MOTION The Council Meeting adjourned at 7:58 p.m. to meet on Monday, October 2, 2017, at 7:00 p.m. in the Council Chamber. Patricia J. Britt City Clerk, Clerk of Council