2026-10-08 - Utilities Committee

00:02I

00:26feel

00:55Hey, hey, hey, hey, hey, hey, hey, hey,

00:55hey, hey,

01:18hey.

02:05everybody.

02:19Hey

02:48Hey.

04:51baby.

04:54Baby,

05:00daddy.

05:32Hey, hey, hey.

06:26Hey, hey, hey.

07:06Hey,

07:17hey, hey.

07:38down. I got a

10:23Hey, baby.

10:56Heat. Heat. N.

11:06Heat. Heat. N.

11:34Hey.

11:38Hey. Hey.

11:58Hey,

12:00hey, hey.

12:25Good morning. Today is Thursday, October

12:278th. Calling the utilities committee to

12:30order. Madame clerk, can you please call

12:32the role?

12:33>> Present.

12:41Thank you. Uh, director, you want to

12:42come up to the table? We have four

12:44pieces of legislation. We're going to do

12:46uh, Department of Public Utilities

12:47first.

12:49Ordinance number 1037 2026 by council

12:52members Ky Bishop and Griffin by

12:54departmental request and emergency

12:55ordinance to amend section 129.22 22 of

12:59the codified ordinance of Cleveland,

13:00Ohio 1976 as amended by ordinance number

13:041548-84

13:06passed October 8th, 1984 relating to

13:09easement acquisitions. Director, you

13:12want to explain this one?

13:14>> Thank you, chairman, members of the

13:15utilities committee. The Department of

13:16Public Utilities enters into uh

13:19easements very very regularly. This

13:22ordinance, this cap that was set in

13:241984,

13:25um has uh caused some concerns as

13:29projects go. Most specifically and

13:31recently was on Lee Road where the

13:33design of the sewer project entered into

13:35private property. Um and then the

13:38easement valuation was greater than the

13:40$3,500 that was set in 1984 by in which

13:44we either had to go through the

13:46legislative process or redesign the

13:48sewer. In that instance, we redesigned

13:50the sewer and moved it over. But that

13:52also comes at a cost. What we're

13:55proposing is to establish the value of

13:57the easement based on fair market value,

14:00which is by an appraisal, which is

14:02typically determined by the value of the

14:04property before the easement, value of

14:06the property after the easement, and

14:08then the difference in those two numbers

14:10is typically a standard appraisal of an

14:13easement. This would give the authority

14:15to the director of the department of

14:16public utilities to engage in that

14:19activity, that transaction by and

14:21through the board of control in order to

14:25uh allow the projects to proceed. So

14:28again, I understand council's

14:30reservations on caps. Uh I don't know,

14:34in 1984, I wasn't here. Um but

14:38>> $3,500 in in 1984 is a much different

14:42number now. And we know the property

14:44valuations throughout primarily either

14:46sewer or water. Obviously on the power

14:48side we don't do a lot too many

14:50easements but a ton on the water and

14:52sewer side. It gives us the flexibility

14:55again based on fair market value. So we

14:58assure that our customers are not

14:59negatively impacted by the transaction

15:02and then take it to board of control to

15:04ensure that there is a formal process to

15:06get the easement transaction completed

15:09and then properly filed so we can

15:11maintain the project.

15:13>> Director, the piece of legislation in '

15:1584 passed did not have the border

15:17control in it and now you're adding the

15:19border of control. What was the process

15:22prior to as opposed to adding the board

15:25of control? So currently the director of

15:27public utilities has standing authority

15:29to enter into easements and vacate

15:31easements based on the charter as

15:32established by councel. So it would just

15:34happen uh any easement below $3,500 any

15:38easement in the right of way any

15:39easement throughout the service area

15:41would just happen by right in the

15:43director's seat. So as we are lifting

15:46the cap that council established we

15:48thought it appropriate to have a process

15:50the appraisal and then the board of

15:51control which is then the formal process

15:54before

15:55uh having the authority to sign the

15:57easement and then file it with the

15:59county recorder.

16:00>> But wouldn't it be easier director if we

16:02just kept it with the director of public

16:06utilities and not added the additional

16:07step of going to the border control?

16:09Yes, but chairman this was uh based on a

16:13number of conversations with the law

16:14department understanding how council

16:17does not well chair this chairman or

16:20this committee doesn't want to give up

16:21the responsibilities or give that kind

16:24of blanket authority. Uh we thought it

16:26to have a good check and balance to have

16:28it go to another administrative step

16:30which would be board of control after an

16:32appraisal process. And then does the

16:35department does the the director of

16:38public utilities sit on border control?

16:40>> Yes, chairman.

16:42>> So why the additional step?

16:44>> Again, it's just a formality.

16:47>> Any questions on 1037 2026?

16:51>> Yes.

16:52>> Uh Councilwoman Gray,

16:53>> thank you. Uh could you kind of clarify

16:57again what easement is for? Is it cheer

17:00to the uh director? Is it for like to

17:02help sewer problems

17:05>> chairman to the council members? So the

17:07easement is the legal right for the

17:09utility to have access to that

17:11underground infrastructure. So it would

17:13prohibit anyone and typically it's it's

17:15very close to the right of way as a

17:18sewer line water line. Sometimes on

17:20bends you can't take 90°. You sometimes

17:23encroach onto private property. What the

17:25easement would allow us to do is to in

17:28perpetuity forever have the ability to

17:30go and fix it in the event that it

17:32breaks. So they couldn't build a

17:34structure over our water pipe sewer

17:36pipe.

17:38>> Typically I've never seen an instance

17:40where they could because it's so close

17:42to the right ofway, so close to the

17:44roadway, but we still need the legal

17:46assurance that we can get to that pipe

17:48to fix it. And if there's any

17:50obstructions above it, if they close a

17:51roadway, if they like you can't you

17:54can't restrict access to the utilities

17:56to fix the infrastructure to serve our

17:58customers.

17:59>> Okay. All right. Thank you.

18:02>> Uh, anybody else? Director, I'm still

18:04stuck on this board of control thing.

18:06the department of public if the chair if

18:08the the director of public utilities

18:12sits on the board of control and it's

18:14got to go in front of the border of

18:15control. The director of public

18:16utilities then has to vote on their own

18:19piece in front of the border of control

18:22as opposed to just having

18:25for us just the blanket authority like

18:27you like it's been since 1984 without

18:30the border control. I mean it it doesn't

18:33to me it doesn't doesn't make much

18:34sense. I again it's the prerogative of

18:37council. We tried to obviously lifting

18:40the the cap that was placed on there in

18:421984. We thought the administrative step

18:45everything we do by charter, by code, by

18:47law is fair market value. That

18:50evaluation is done in accordance with A,

18:52B, C and D. Uh we come up with a number

18:55that is agreed upon by the private

18:56property owner and by the utility and we

18:58execute the easement and then we duly

19:00file with the county of record. Standing

19:03authority is something that I would

19:06request as the current occupant of the

19:08seat and hopefully any further occupants

19:11of the seat would respect the codified

19:14ordinances of the city of Cleveland. In

19:16this instance, it was just $3,500 was a

19:19madeup number a long time ago and the

19:22standing authority of any director to my

19:25knowledge has been uh an open line of

19:28communication and discussion.

19:29>> Director, I I appreciate that. I

19:31understand that. Right. And I don't

19:33think the issue doesn't come with the

19:35fair market value. The issue comes with

19:37the board of control. Council,

19:40Councilman Sha, thank you, chair. Um,

19:43yeah, I think I I wanted to understand a

19:45little more of like I I echo some of

19:48those concerns. I it seems like the

19:50board has I'm granted I'm new so I'm I'm

19:53still observing and learning but has the

19:55board of control ever

19:58denied or turned down a request from a

20:03department because as far as I've seen

20:05it's kind of been a rubber stamping body

20:08>> chairman to the council member so a

20:10matter wouldn't get to the board of

20:11control without the sitting director's

20:14approval and then without the

20:16appropriate reviews so matter a number

20:18of matters don't make it to the board of

20:20control due to some type of uh a missing

20:24document or a missing process or

20:26procedure or it doesn't meet the legal

20:28form and correctness or any number of

20:30things. So, it wouldn't make it to the

20:31board of control. But as a d a sitting

20:34director who also uh represents the

20:36department on the board of control, a

20:38matter won't make it to the agenda

20:40without the approval of that director

20:42and that department with the additional

20:45reviews that are required. Right? So,

20:47there's a number of reviews to get to

20:49the board of control, but to your point,

20:52if I'm there to recommend its approval

20:55to the the mayor and to the members of

20:57the board, um then typically it is well

20:59received.

21:01>> That's that's helpful, but that still I

21:04don't think answers my question. Has

21:05anything in as far as your knowledge

21:07goes, has the board of control ever

21:09denied something that a director has

21:12asked for?

21:13>> Not to my knowledge. Uh there has been

21:16active discussion in my time at the

21:18board of control discussion at the board

21:20of control where a matter would be

21:21removed from the agenda. So maybe a ne

21:24not a negative vote to your question.

21:25Sure. But it would be removed uh and

21:28then adjusted or uh something would

21:32happen and it would later come up and

21:33likely get approved.

21:36>> Yeah, I think I I I

21:39echo the concerns that the chairman

21:40brought up. To me, the having the board

21:43of control be the determination

21:46body instead of the director, I think

21:50obfiscates

21:52accountability because if there was

21:54hypothetically, right, if we're saying

21:56we have an issue with some a decision

21:58that was made, at least as of right now,

22:00the way it is structured, we would be

22:02able to come to the director of public

22:03utilities and say, "Hey, why was this

22:06decision made?" We can't really do that

22:08same thing with the board of control.

22:12Chairman of the council member, if I'm

22:15understanding the question, say the

22:17evaluation of the easement was $20,000.

22:20>> Sure.

22:21>> Then I would need to get the request for

22:23legislation. I would have to draft the

22:24legislation, get it introduced, get it

22:27heard, and then ultimately passed. What

22:30we're asking for here, and again, the

22:32board of control was added as just a

22:34formality with the currently standing

22:36authority of of the director of public

22:39utilities, whoever he or she is, has the

22:42standing authority to enter into

22:43easements and vacate easements on behalf

22:47of our customers to deliver highquality

22:49service. If that evaluation was $20,000,

22:52then this process would come into play.

22:56I don't know if I answered the question

22:57because I didn't fully understand the

22:59question

23:00>> and I apologize for that.

23:01>> No, no, no. I I I think I You're saying

23:03that you're still going to have to go

23:05through

23:07the legislative process to get the

23:09approval. So, the board of control isn't

23:11necessarily the one that is making that

23:13determination of what the fair market

23:14value is independently or separately.

23:17>> That's correct. Chairman to the

23:18councilman.

23:19>> Okay. Um that's then I I guess as if

23:22it's it is just a formality. I I mean I

23:25would still want to just keep it with

23:26the director of public utilities. Um and

23:29>> I think my other concern with this was

23:33seems to be that like what what kind of

23:37do you foresee

23:39>> uh

23:40>> through through the chair? Um do you

23:42foresee a um in the future uh not as

23:44principal director of public utilities

23:47or um a different administration,

23:49different conditions um using this to

23:54acquire

23:55other part parcels and easements that

23:58may not necessarily be for that reason,

24:01but it's under disguise. But now that

24:03we've kind of opened up the cap, it's

24:05going to leave it up for abuse for other

24:08uses. Do you foresee that happening of

24:10like kind of Trojan horsing other

24:12acquisitions?

24:13>> No, I understand the question. Thank you

24:15chairman to the council member. Uh

24:16again, this is for the easement, right?

24:18So there has to be underground

24:19infrastructure that it we are required

24:21access to. So, um, in the easement

24:25conversation, I don't see how because,

24:29for instance, when we designed the Green

24:31Road pump station and the the

24:34distribution mains take a different

24:36route and potentially tie in at a

24:38different location under private

24:39property. The pipes there, we need

24:41access to the pipe in the event of its

24:43failure. We would execute an easement.

24:46So I I can't envision a scenario where a

24:51um where where that circumstance would

24:54happen. I can't

24:56>> guess

24:56>> as we sit here today.

24:57>> Sure. And I guess kind of the example I

24:59would s offer up um through the chair

25:01would be you know if we have a private

25:04company who we are trying to bring here

25:06and they're saying hey these kind of

25:08hookups or these kind of things are

25:10something that we would need before we

25:12want to do it. In order to make that

25:13more attractive, we would try to, you

25:16know, I can imagine a administration

25:18wanting to make the pot a little sweeter

25:20and say, "Hey, we'll actually undertake

25:22this type of work. We're going to go

25:23ahead and do this before you even

25:24acquire it."

25:26And this would be kind of I would

25:28imagine this would be the avenue they

25:30would use to acquire that first or get

25:32the easement, put in those hookups, and

25:34then turn around, market it for

25:36development.

25:38>> Chairman to the councilman. Um yeah, I

25:43any of those projects would have come

25:44through council anyhow

25:46>> first and foremost, right? But we're not

25:48going on to private property. This is

25:51just the transmission or distribution

25:53mains or the moving of storm or sanitary

25:55sewer. This is not uh like a connection,

25:59okay,

26:00>> uh per se past the curb stop where we do

26:02not have the chartered responsibilities

26:05uh under well under the constitution of

26:07the state of Ohio or the city of

26:08Cleveland charter past the curb. This is

26:10the transmission. If we cut a if we cut

26:13a a corner, right? Because you don't

26:15want that 90 degree turn in a in a

26:18utility distribution and you take some

26:21private property or you go under the

26:23private property. We need to make sure

26:24forever we have access to that to fix

26:27it. So, um, again, I hope I'm answering

26:31the question, but certainly not a

26:32connection from a curb stop or from a

26:35lateral sewer connection to a potential

26:39business. That is not our

26:40responsibility, nor do we have the

26:42authority to do that.

26:45>> I that that explains it. I think I was

26:48misunderstanding the portion there. So,

26:50thank you. Um, that's all my questions.

26:52Thank you, Chair.

26:52>> Thank you, Councilman Penc.

26:56>> Thank you, Mr. chairman, honorable

26:58colleagues to the director, what is the

27:01the

27:03is it what is the most we've ever spent

27:05for an easement? Do you happen to know?

27:08>> Uh I know last year we came to council

27:11for I think it was $18,000

27:13was the fair market value for a and I I

27:17think it was Green Road um

27:20>> in I don't remember the municipality it

27:22was in, but we did have to go through

27:24the legislative process. Okay. Okay.

27:26>> Lee Road, I believe, uh the sewer

27:29project, chairman of the council member,

27:31I believe we redesigned it because of

27:34the number of different uh easements

27:36that were necessary. So, I think we we

27:38avoided it, but it would have been

27:40significant amounts because that the

27:42whole frontage of a parcel uh on Lee

27:46Road and all of those individual

27:48parcels, we were going to need

27:49individual easements and then negotiate

27:51fair market value with each of them. So

27:53we knew that the cumulative number would

27:55have been significant.

27:56>> Yeah. Okay. Have we've ever been barred

28:01from getting an easement?

28:03>> Chairman of the councilman, not to my

28:06knowledge. No. We have had uh in some

28:09projects we have had property owners who

28:12have respectfully declined uh

28:15negotiations on easements which like

28:17then we have to redesign, right? We

28:20can't take property from someone to move

28:22water or sewer. So, we have to redesign.

28:25And there have been instances of that.

28:27>> Okay. See, I'm just trying to get a

28:29better I think all of us are trying to

28:31get a better understanding as it

28:33pertains to the mechanism. Um because

28:36you're not seeking an easement just for

28:38the heck of it. You're seeking an

28:39easement because you need it.

28:40>> Chairman of the councilman. That's

28:41correct.

28:41>> Either water, sewer, or

28:44>> those or power.

28:45>> Correct. Chairman of the councilman.

28:46>> Okay. Thank you, Mr. Chairman. Thank

28:48you, Councilwoman Hudson.

28:50>> Thank you, Mr. Chair. Um, I'd like to

28:52propose an amendment to strike the

28:54phrase as determined by the board of

28:57control.

28:58>> There's an amendment on the table to uh

29:00under section 129.22.

29:04Uh, the last line as determined by board

29:07of control, there's an amendment to

29:09strike that from the legislation. Do I

29:11have a second?

29:11>> Second.

29:12>> We have a first and second. Any

29:14discussion?

29:14>> Yes.

29:15>> Councilman Palinsk. Okay. Um, there's

29:18nobody around this table that defends

29:20the authority and the protocol more than

29:23I do as it pertains to city council. Um,

29:26because we got elected to serve and to

29:28represent. My question is to the

29:30director

29:32um by that being stricken.

29:35Would you then have to come back to

29:37council for every easement?

29:39>> Chairman, to the council member, I would

29:41or the director of public utilities

29:42would not.

29:43>> Okay, that's all I need to know.

29:47Well, hang on

29:48>> because I'm trying to understand we're

29:49we don't I have a as you know I have an

29:52issue about giving up our authority

29:55>> and so but I want to make sure in the

29:57process that we are not creating a

29:59problem as well for the three utilities

30:02who need an easements to perform or

30:06install water, sewer or power lines.

30:12chairman of the council member. Again,

30:14the the board of control was added as a

30:16formality in pre-introduction

30:19discussion to we understanding council's

30:23reservations in um foregoing those

30:27response and and by no means am I asking

30:29that question here today. I I again it's

30:32the $3,500

30:34that is prohibitive to the projects that

30:37we need to complete. That's the reason

30:40that that we started talking about this.

30:42It was established in 1984. It's no

30:45longer a equitable number. It's no

30:47longer a number that can work in uh in

30:50our business. So, the thought was to to

30:53lift it, but not requesting council just

30:56to lift it arbitrarily, knowing that

30:58that would likely receive great

31:00resistance. uh right

31:02>> we determine based on fair market value

31:04after an appraisal and then present it

31:07to the board of control because well

31:09they meet every Wednesday if the

31:11director supports it and it's legally

31:13defensible

31:15uh the likelihood of success would be

31:17high again these are time-sensitive

31:19decisions that need to happen when two

31:23years of design did not identify this

31:25parcel corner and we have to pivot

31:28quickly if we want to keep digging up

31:30this roadway. Well, Mr. Chairman, to the

31:32director, based on the the amendment uh

31:36that was that was just um sponsored,

31:40if you're not going to go before the

31:41board of control, who do you go before

31:43then?

31:44>> Chairman to the council member, it would

31:45still be the fair market value as

31:47determined by an appraisal. And then I

31:49would work with MOAP and the

31:50commissioner of real estate to have it

31:52properly executed. We file our own

31:55easements at the Department of Public

31:56Utilities. So, we have our engineering

31:58staff goes to the county, make sure that

32:00it's properly filed, we pay the fees,

32:02and we get it on the the deed of that

32:05property holder.

32:06>> Do you have any idea how many easements

32:08a year you see?

32:09>> Holy moly. There are quite a few

32:11chairman of the council member,

32:14>> not necessarily in the city of

32:15Cleveland, but throughout the division

32:16of water service area, there are I mean,

32:19because they are they do require

32:21signature of uh with the standing

32:23authority that's currently rests with

32:25the director of public utilities. There

32:27is the the requirement of legal

32:28analysis, the commissioner of real

32:30estate to my knowledge, the director of

32:32public utilities, then the the person

32:35that is granting the easement and then

32:38back to law for seal and then back to

32:43I'm it it is a but it's a very important

32:46process. There's a lot of utilities that

32:48just don't because it's our pipe and we

32:50know we can get there. But in in a

32:53number of our our uh our service area

32:57municipalities, sometimes they will put

32:59things very close to our pipes or they

33:01will close a road which then we have a

33:03water main break that's affecting 3,000

33:05people that we have to get to and we

33:06have to call the municipality to either

33:08raise the gates, allow access, move the

33:11ballards, uh you know, it's

33:13>> it's important to us in order to

33:15continue to deliver service. So I don't

33:17>> if we are to include in the amendment

33:20that that you would have to you would

33:22notify you would notify the clerk

33:25council on the on the easement. Would

33:29that would that create a problem

33:31>> chairman? We obviously we respect

33:33council's role in everything that we do.

33:35Notification to anyone is not a burden

33:38an additional burden on us.

33:40>> Thank you.

33:41>> Thank you Mr. Chairman.

33:42>> Anybody else on discussion?

33:45I want to ask the um director a

33:46question. You want to kill

33:49>> through the chair.

33:49>> Through the chair. I'm sorry. Through

33:51the chair.

33:52>> Um what you saying cuz what I think I

33:56hear you want to kill the time

33:57constraints that that it take you to get

34:01to execute on the work that you need to

34:03work on. Is that is that correct?

34:06>> Chairman to the council member. Our hope

34:08was to more seamlessly uh deliver these

34:13large projects

34:15>> across large pieces of property across

34:17many different jurisdictions. That has

34:20proven to be complicated in certain

34:21circumstances. I'm not saying that it

34:23happens in every project, but recently

34:25is coming up more and more where the

34:28easements and then the value of the

34:29easement exceeds our current cap, which

34:32is what brought about the discussion of

34:34this legislation. Um, I I knew that it

34:37would be a conversation obviously, but

34:41uh we need to deliver these projects on

34:44time, under budget,

34:46>> and with as little disruption to our

34:49neighborhoods as possible.

34:50>> And it cost to the chair, it cost you

34:52more dollars to it now. And since I

34:55think it was in ' 84 or something, it

34:57was passed. That money value is not the

35:01same as it is decades later chair. Is

35:04that correct? Is that

35:05>> chairman to the councilman? That's

35:06That's exactly right.

35:08>> You're looking at time and cost. That's

35:10what you're looking at.

35:12>> Yes.

35:12>> All right. Thank you. That's what I want

35:13to know. So, I'm there. Thank you, Mr.

35:15Chair.

35:17>> Any other discussion on the amendment?

35:19Yes, Councilman Davis.

35:21>> Thank you, Mr. Chairman. Through the

35:23chair to the chief, if we strike the

35:26language chief

35:28>> Yeah, that's right. I forgot.

35:29>> I've been called worse.

35:32>> Chief

35:33>> by me sometimes, too. But through the

35:34chair, uh, if we strike as termed by

35:37border control, the fair market value

35:38would still control, right, for for this

35:41amendment.

35:43>> If we strike, I'm sorry, can you repeat

35:45that?

35:46>> That was probably too fast. So, we're

35:47the the amendment before us right now is

35:49a strike as determined by the board of

35:51control. Correct. Correct.

35:52>> And if we do that, you would still be

35:55paying fair market value, just not

35:56checking in with border control.

35:58>> Chairman to the council member, that's

35:59correct. So the standing authority of

36:00the director of public utilities for

36:02easement language the granting of or

36:04vacating of is determined by the fair

36:07market value.

36:08>> Very good. And then through the chair

36:09fair market value is I mean has board of

36:13who appraisals right?

36:15That's correct.

36:16>> Okay. So board of through the chair

36:18board of control doesn't really have any

36:20insight to offer on what is a fair

36:22market value or not.

36:23>> Chairman of the councilman that's

36:24correct.

36:24>> Okay. Through the chair then I I yield.

36:26>> Any other discussion on the amendment?

36:28Yes. Where will that be strike? That was

36:31everybody talking so fast. Where? What

36:34area?

36:34>> Right here.

36:35>> Okay.

36:37>> Okay.

36:38>> Any other discussion?

36:39>> Seeing none, madam clerk, can you please

36:40call the role on the amendment?

36:44>> Yes.

36:46>> Yes.

36:48>> Yes.

36:49>> Davis,

36:49>> yes.

36:51>> Yes.

36:52>> Yes.

36:56>> All right. Seeing no further questions

36:59on 1037 2026.

37:02Councilman Shaw,

37:03>> just one final one. Uh potentially

37:05debate. So 3500 through the chair to the

37:10chief. I get it. 3500 is too it's

37:13outdated.

37:14>> Mhm.

37:14>> How much would it hamper or limit your

37:17ability to do things if you put the cap

37:19at like 50,000?

37:22>> I chairman to the to the councilman.

37:25Certainly I I have had that conversation

37:27with with staff. Um and we were if if

37:31again the number I had was more 30. So

37:3530 I don't I can't see anything um being

37:38more than that or it or I would have

37:41real problems with the engineers and

37:43designers who put the project together.

37:46>> Right. So, I that's the other that's the

37:48other variable is that these things go

37:50years of design um with the site surveys

37:54and with all of those needed points. I'm

37:57not saying it doesn't happen, but if I

37:59got a $35,000 easement that wasn't

38:02anticipated, then whoever is sitting in

38:05that seat should have real concerns with

38:07it. So, fair question. That's the best

38:10number that I came up with just with

38:12conversations in preparation for the

38:14legislation's introduction

38:17>> that but since the 30,000 isn't in the

38:21ordinance any at all um so this would I

38:25think you already answered it earlier

38:26right is whatever the fair market value

38:28would be the director would be able to

38:30go forward on that

38:31>> chairman of the councilman that's

38:32correct

38:33>> that's fair I guess my

38:36thoughts to the rest of the the

38:37committee would just be I I'm still a

38:40um uh struck from the I think it was a

38:44shot spot or the board of controls

38:46approval for the IT clause where we

38:48didn't have a cap that we got stung on

38:51earlier. Um I don't know if we

38:52anticipate anything like this. I would

38:54if there's interest I think that would

38:56make sense to cap it at 50 to account

38:58for the fear of the 35 30 limit. But um

39:02if there's no interest, I I'm happy to

39:06trust the administration uh and get

39:08stung later if there's no other

39:09interest. I yield.

39:12>> Got it.

39:13>> Okay. Okay. All right. Any other

39:15questions on 1037 2026? 1037 2026 as

39:20amended stands approved. Please sign up.

39:22Ordinance number 1038, 2026 by council

39:25members KZ and Griffin by departmental

39:27request an emergency ordinance

39:28authorizing the purchase by one or more

39:30requirement contracts for various types

39:32of electrical test equipment and labor

39:34and materials necessary to maintain and

39:36repair electrical test equipment

39:39including training when necessary for

39:41the division of Cleveland Public Power,

39:43Department of Public Utilities for a

39:45period of two years. Director,

39:47>> thank you chairman. um going out to bid

39:49to continue this important service for

39:51the equipment that allows our employees

39:53to do this very dangerous work which

39:55would include the testing and

39:57maintenance and also training of things

39:59like a high voltage cable test sets,

40:01meter test equipment, transformer test

40:03equipment, relay test equipment.

40:06Obviously crucial to uh to the work that

40:09the men and women of the division of

40:10Cleveland Public Power do every day. We

40:13budget $100,000. So, this is a two-year

40:15current contract expires first quarter

40:18of 2027. Um, and we are uh looking to

40:22continue this and go out to bid for it.

40:25Chairman,

40:25>> and again, director, this is going out

40:27to bid.

40:27>> Correct.

40:28>> Any questions on 1038 2026, Councilman

40:31Davis?

40:32>> Thank you, Mr. Chairman, through the

40:33chair to the chief. Uh it did strike me

40:36that the prior contract was $571,000

40:41for about two years and right now you're

40:43anticipating only $100,000 for per year

40:45for two years. Can you just tell us

40:46what's going on?

40:47>> Chairman to the councilman, we did have

40:48a number of we and we budgeted for that

40:50and came to council for it. We had a

40:52number of the equipment that had to be

40:54replaced. It had reached the end of its

40:55useful life. So we had upgraded it. Now

40:58we need to maintain it, which is the

40:59purpose of this um legislation.

41:01>> Oh, good to know. So through the chair,

41:03there's Yeah, you weren't spending

41:04equipment replacements last year and not

41:06this year.

41:06>> Correct.

41:07>> Um, additionally through the chair to

41:09the chief, the

41:12the way CBP budgets is always a little

41:14um confusing to me just because it's so

41:15different. My understanding is there's

41:17no dollar maximum in this legislation

41:20that we're um proposed here, but it's

41:24it's from your appropriations from

41:25earlier this year. That's like a to me

41:27an unusual way to go about contracting.

41:30Usually there's a max dollar value or

41:31something like that. Can you just tell

41:32us more of that process?

41:34>> So, thank you chairman to the council

41:36members. So, this would be by way of

41:38requirement. So, it would be a

41:39requirements contract where we would say

41:42the uh transformer test equipment needs

41:44to be u uh validated or or tested to

41:48maintain compliance with the regulations

41:51that we're required to follow that there

41:53would be a number associated with that,

41:55right? the testing of the transformer

41:57test equipment, uh the replacement of so

42:00those their prices in just the menu of

42:02things that we need and then the the

42:05number is what we've historically used

42:07to maintain that equipment. So as

42:09opposed to replacement which was what we

42:11did over the last couple years. This is

42:13a requirements contract essentially a

42:15widget. How much is that widget? And

42:17they give us a number and then we get

42:19the most compliant and lowest bid and

42:21then we maintain the u the equipment.

42:23>> Understood. It's the nature through the

42:25chair. The nature of requirements

42:26contracts always throws me off. Thank

42:28you, sir.

42:28>> Thank you.

42:29>> And thank you, Councilman Davis. Uh,

42:32this equipment is not proprietary.

42:34Correct.

42:34>> Chairman, it's not.

42:35>> Okay. Any other questions? Councilwoman

42:38Gray?

42:38>> Yes. Thank you, Chair. Um, pertaining to

42:41uh the testing of equipment and uh uh

42:43keeping it stabilized. Does this

42:46equipment also um

42:49uh is help with um help with the wiring

42:54on the poles when the um light uh when

42:58the light structures um when the light

43:01fixtures on the poles attached to the

43:04light bulbs constantly go out all the

43:08time? Is this part of the testing, you

43:11know, to ensure, you know, that won't

43:13constantly happen?

43:15you know, weather with a storm because

43:17these are questions that I have

43:19constantly been getting recently uh

43:22pertaining to the uh fixtures of the

43:26light of the lights going out all the

43:28time, you know, during a storm, you

43:30know. So, you know, so will this help

43:33that chair to the uh director chief

43:36>> chairman to the council member? Not

43:39primarily storm related. this ordinance

43:41wouldn't be other than just the safety

43:43equipment to ensure something's

43:45deenergized, okay, which is the

43:46equipment and very very important before

43:49our uh employees start working on it.

43:51But on every day, if there's a customer

43:54that's uh experiencing regular outages,

43:57this would be the equipment to test the

43:58meter to test the transformer that

44:01delivers that power um to make sure that

44:03they're properly functioning. And in the

44:05event that they're not, then we would

44:06replace. So, yes, all of the things that

44:09you said other than kind of the storm um

44:11because really not storm response except

44:15for the relay test equipment to make

44:16sure that it's deenergized. Uh but yeah,

44:20everything that we uh that we do needs

44:22to be tested and maint make sure that

44:24it's working properly and that would be

44:25this ordinance.

44:27>> Okay. So, one more question. Okay. So,

44:31>> uh, pertaining to that, that's great.

44:33But I'm getting recently I'm getting

44:36constant constant calls pertaining to,

44:40um, your light fixtures.

44:43The light fixture that a house, the bug

44:48that keep the street lights on.

44:50>> Okay.

44:51>> Those are constantly going out all the

44:54time. uh in the Diction of you know um

44:57you know in the Dixon area okay of 102nd

45:01those polls are flickering you know the

45:04lights are freickling and then they go

45:06out constantly like every two months I'm

45:09calling your governor affairs manager uh

45:12uh and the um and the um and the crew is

45:16going out constantly you know replacing

45:19those buffs that's constantly going out

45:22all the time. So due to that uh how you

45:27know how that can be maintained if this

45:30is not the source you know for if this

45:33is not the source for it to you know be

45:35taken care of chair to the director

45:38chief

45:39>> chairman to the council member certainly

45:41I can take a look at it and talk to to

45:43chief Jackson and and get a the history

45:45of the complaints and talk to the

45:47commissioner who's um currently uh in a

45:51in another meeting. But I will look into

45:54it a little closer and find out. But

45:56yes, to your point, this would be the

45:58this would be the equipment that tests

46:00that distribution of power to maintain

46:03the the light. If it's if it's the

46:05fixture itself, it needs to be replaced.

46:07If it's how the power gets there, this

46:09would test it and then determine what

46:10needs to be upgraded.

46:12>> Okay.

46:12>> All right. Thank you.

46:14>> All right. Councilman Thank you,

46:15Councilwoman Gray. Councilman Conwell,

46:17>> you know, um to the chair, to the

46:19director, um you're going to check to

46:22see that and when you check also check

46:24and see why the issues at the same time

46:28what's going on uh in Columwood that I

46:31have to call you about several times

46:34even when it's not a storm. And um if

46:37you can through the chair, talk with our

46:40chairman about your IT strategic plan

46:44and where you're at with that. Your IT

46:47strategic plan will be able to tell the

46:49council woman instead of you just

46:51checking what's going on with it because

46:53you look at your IT strategic plan

46:57constantly. Is that true? To the chair

46:59to the um man, you got so many titles.

47:02Councilman, director, chairman,

47:04>> chairman. Chairman chief chairman of the

47:07council changing them man

47:09>> I just say Marty when I talk with him

47:11>> chairman of the councilman yes that's

47:13absolutely the IT the infrastructure and

47:16the between the SCADA and the um the

47:20bright city application on the street

47:22lights that's something that takes a lot

47:24of of uh time and energy pardon the pun

47:28>> yeah but you have a strategic plan on

47:30that with your IT chairman of the

47:31council yes

47:32>> and you can narrate that to us and the

47:34reason why.

47:35>> Yes.

47:36>> And they could tell you, you're not just

47:38going back to the chair saying, "I got

47:39to check on it." No, you get at least a

47:42quarterly or monthly update. Uh, is that

47:45correct? To the chair, to the chief,

47:48>> chairman of the councilman. Yes, I do

47:50get regular updates. I I don't know of

47:52the Dixon. It was only in response to

47:54the council members. I I just not fresh

47:56on my mind. I'm sure we've talked I get

47:59plenty of emails from all of council and

48:01and welcome it because it's on behalf of

48:03our customers, right? I mean, that's why

48:05that's why CPP exists. So, I I'm I'm in

48:08no way complaining about it. I'm saying

48:10that yes, I get regular updates. We know

48:12where we have certain uh infrastructure

48:14improvements that need to be made. uh we

48:17know areas where we experience problems

48:20and and work really hard to try to

48:22minimize the the disruptions in service

48:25based on the IT strategic plan based on

48:28every other uh report that's generated

48:30regularly.

48:31>> Yeah, that could that could help us out

48:33with the column issue also. I was

48:35wondering yeah we could and I was

48:36thinking about it and you could share

48:38that with us to the chair to the um

48:40director

48:43you know are you good? Yes,

48:44>> I'm good.

48:45>> All right. Thank you. Any other

48:46questions on 1038 2026? Seeing none,

48:481038 2026 stands approved. Please sign

48:51up. Ordinance number 11352026

48:55by council members Kazy and Griffin by

48:56departmental request an emergency

48:58ordinance authorizing the director of

48:59public utilities to enter into one or

49:01more concession agreements for the

49:03operation of a firstass food and

49:06beverage service at the Carl B. Stokes

49:09public utility building for a period of

49:11two years with two one-year options to

49:14renew established by the director of

49:16public utilities director. This is going

49:17out. You guys are going out for an RFP.

49:19>> Yes, chairman. We are trying desperately

49:22to go out again to see if there's

49:24interest. It's a very small kitchen at

49:261201. We have a number of employees in

49:29the building and in the area that we

49:31like to have options available. Um,

49:35we've had good uh many iterations over

49:38the history of this par this piece of

49:40kitchen uh in our cafeteria. Um, we're

49:43hoping that someone can get creative um

49:46and to think outside the box and put a

49:48good proposal together to better serve

49:51our employees.

49:53>> Would you take them if they weren't

49:54first class?

49:56>> Chairman, I'm going to That's our

49:57effort. That's That's our That's our

50:00charge. Any questions on 11:35 2026?

50:04>> Councilman Sha.

50:05>> Yeah, just uh quick um urging through

50:09the chair to the chief. Can we make sure

50:12that they are also able to offer uh

50:14vegetarian options? That's something

50:16that I've been getting asked a lot from

50:18other city employees now that the word

50:20is out that I'm a vegetarian. So, I'm

50:22trying to make more of an effort that we

50:23have those offerings at our um food

50:25places.

50:27>> Yeah, absolutely. and chairman of the

50:28council member, the current vendor, the

50:31the version of the current contract uh

50:34does allow for very small selection uh

50:38of of

50:40>> vegetarian options. Um unfortunately, we

50:43go out to bid and and it's again a very

50:45small uh spa space. It's it's 300

50:50employees in one building. So, you know,

50:52is the demand there? How do you how do

50:54you meet that supply? So, it's um

50:58something that that uh again it's our

51:02commitment to offer a better option uh

51:06in the cafeteria. Our employees are

51:08everything to us, right? And and they

51:10they want something that meets their

51:13expectations. Whether we can find that

51:16will be determined. So, I will I will

51:19echo your uh sentiments.

51:22>> Thank you.

51:23>> Director, what is the current contract?

51:25Taste of class, taste of take a break,

51:28quick catering.

51:29>> Take a break, quick catering.

51:31>> Yeah.

51:31>> Okay.

51:32>> And again, there there I'm not at all

51:34saying anything negative. They have a

51:36business to run and we have a uh

51:40a product, if you will, like we have

51:42employees that want certain things and

51:45>> it's just a hard it's hard to find the

51:47middle ground and and they've also taken

51:49over the federal building to my

51:50knowledge. So, we're getting some

51:52sandwiches and some options and and it

51:54it just es and flows.

51:56>> Okay.

51:56>> Is I guess.

51:58>> Yeah, it's a work in progress.

52:00>> Good luck to you on that.

52:01>> Thank you, chairman. Appreciate

52:01>> it. 1135 2026 stance approved. Please

52:04sign up.

52:06>> Thank you very much, director. We will

52:07see you on the 29th.

52:17>> Ordinance number 688 2026. as amended by

52:20council members Kazy, Hudson, Bishop,

52:22and Griffin by departmental request, an

52:25emergency ordinance authorizing the

52:26director of parks and recreation to

52:28execute various deeds of easements

52:30granting to the Northeast Ohio Regional

52:32Sewer District certain easement rights

52:35at or under several city-owned

52:37properties at Emory Park and Esther

52:40Brookbrook Park for the Northeast Ohio

52:42Regional Sewer District's Big Creek

52:44Storage Tunnel project and declaring the

52:46easement rights not

52:49needed.

52:50for city's public use.

52:53The amendments

52:58director,

53:00>> there is no legal objection to the

53:02legislation if amended as follows. one

53:04in the title at the end, strike the

53:07period and insert quote semicolon and to

53:11enter into an agreement with Northeast

53:13Ohio Regional Sewer District to accept

53:15the gift of cash for park improvements

53:19end quote. Number two, insert new

53:21sections seven and eight to read as

53:23follows. Section 7 that the director of

53:26parks and recreation is authorized to

53:28allocate 2,200

53:31$220,400

53:33for the sale proceeds of the

53:36non-exclusive easement interest

53:38authorized in section one of this

53:39ordinance to finance park improvements

53:42at Emory Park and $56,400

53:48of the sale proceeds to finance park

53:50improvements at Esesterbrook Park and

53:52that the funds are appropriated solely

53:54for that purpose. Section 8, that the

53:57director of of parks and recreation is

54:00authorized to enter into an agreement

54:01with NEOSD to accept the gift of cash in

54:05the amount of $450,000

54:08to finance park improvements at Emery

54:10Park, that the director is authorized to

54:13file all papers and execute all

54:15documents necessary to receive the

54:17funds, and that the funds are

54:19appropriated for these purposes. Number

54:22three, re number existing section seven

54:24to new section nine.

54:28What's your title? I I know you're Are

54:30you director? Director Commissioner.

54:32Commissioner. All right. Commissioner.

54:35>> Okay. Thank you, uh, Mr. Chairman. So,

54:37this project is known as the Big Creek

54:39Storage Tunnel. It's the seventh of

54:42seven combined sewer overflow storage

54:45tunnel projects um or cso for combined

54:48sewer overflow which are part of sewer

54:50district's project clean lake uh it

54:53which is a $3 billion 24-year program

54:57aimed at significantly reducing uh csos

55:01released into Lake Erie and other

55:03waterways in the greater Cleveland area.

55:05The Big Creek Tunnel is over four miles

55:08long. Um it's a 20 foot diameter tunnel

55:10built in rock 50 to 100 feet below the

55:14surface under Cleveland and also under

55:16the villages of Brooklyn and Lindale. Um

55:18this tunnel will capture and store

55:21combined sanitary and storm water from

55:2311 combined sewer outfalls and upon

55:26completion cso volume discharged to Big

55:29Creek and its tributaries will be

55:31reduced by 550 million gallons per year.

55:34Uh the sewer district is going to

55:36require access for construction and

55:38future maintenance for the project and

55:40is sinking three permanent surface

55:42easements, four subterranean easements

55:45and three temporary easements uh from

55:48the city at Emory and Esbrook parks. Um,

55:51and just to give you an overview of

55:53what's happening at each of the parks,

55:54at Emory Park, the tunnel is being

55:56constructed at the north end of the

55:58park, 70 feet below the surface, and

56:02park operations will not be affected

56:04other than contractor occupation of

56:07portions of the park green space. The

56:09contractor will provide acoustical

56:11fencing around the work area to reduce

56:12impact on park users and residents. And

56:16um I also want to note that future

56:17permanent easements will be needed at

56:19Emory Park for a future CSO project

56:22known as BCSO3

56:24uh which will begin immediately after

56:27Big Creek Tunnel is constructed and it's

56:30anticipated to start uh that is BCSO3 is

56:33anticipated to start in 2029 and be

56:36completed by 2031 at which time the

56:39sewer district will coordinate with

56:40parks and wreck on restoration of the

56:44park at Asterbrook Park. The sewer

56:46district will construct a tunnel shaft

56:48at the north northwest corner of the

56:50park 50 ft below ground. Park operations

56:53will not be affected other than a

56:56temporary relocation of the path from

56:58the playground in ball field or to the

57:01playground in ballfield. Um and similar

57:03to Emory, the work area will be fenced

57:06with acoustical fencing. And at the

57:09completion of the project, the sewer

57:11district will coordinate with parks and

57:12wreck on uh park restoration at

57:14Esesterbrook. The value of the easements

57:17um at Emory Park is $220,400

57:24and the sewer district has agreed to

57:26increase its restoration budget by uh

57:30$450,000 which totals $670,400.

57:35um to cover costs to install future

57:38improvements at the park. And these

57:40funds will be uh deposited into a a fund

57:43to be used solely for improvements at

57:44the park. At um Estherbrook Park, um the

57:49value of the easements is $56,400.

57:53And similarly, those funds will be

57:55deposited into a a fund created uh

57:59solely to be used for improvements at

58:01the park. We also have um guests from

58:03the sewer district. Doug Lata is to my

58:05right and Doug, what's your title?

58:08>> Program manager.

58:09>> Use the microphone, please.

58:10>> Program manager. And we have Angela

58:12Jones as well, who's our government

58:15affairs uh representative for Norid. And

58:18they can answer any questions that you

58:20might have.

58:22>> All right. Um, Commissioner, how much is

58:25this total project worth? So, the total

58:28the total amount of the easements um are

58:33let's see $670,400

58:38is the value of the easements and the

58:40gift of cash at Emory and at Estherbrook

58:45the um value of the easements is 56,400.

58:49So, I need to do some quick

58:50>> No, that that No, what I was asking is

58:53the whole project.

58:54>> Oh, the whole project. How much is the

58:56whole what is what is

58:58>> to the chairman? Uh $324 million is the

59:01big creek tunnel project. Uh the BCSO3

59:04project has not been bid yet, but it's

59:06in the60 to $70 million range that'll be

59:08at Emery.

59:09>> So we're looking at north of $350

59:12million for the whole project. Yes.

59:14>> Correct. Or right around 350. Um who

59:17pays for that? Who's paying for that?

59:19>> To the chairman, that would be the

59:20entire rateayer system uh of our 63

59:23communities.

59:24>> Okay. So this is being paid for by the

59:26rateayers of Northeast Ohio Regional

59:29Sewer District,

59:32not the Division of Water, not Water

59:34Pollution Control because a lot of

59:36people have a difficult time

59:38differentiating, right? Northeast Ohio

59:41Regional Sewer District is a county

59:44>> state

59:44>> state agency. Cleveland water, Northeast

59:48Ohio Regional Sewer District rates are

59:51set by Northeast Ohio Regional Sewer

59:53District, not us. As we set Cleveland

59:56water rates, I just want to make sure

59:59because I I've already started getting

1:00:01the phone calls, right? I just want to

1:00:03make sure that even to my colleagues

1:00:05that this is not uh a Cleveland project

1:00:08even though it's in the city of

1:00:09Cleveland that Cleveland's not paying

1:00:11for it. This is on Northeast Ohio

1:00:14Regional Sewer District. Um, and

1:00:16Cleveland Water doesn't have any

1:00:18responsibility

1:00:19here, uh, or anything like that. I just

1:00:22wanted to to put that out there and make

1:00:23sure that people are differentiating

1:00:26between the two because one of the

1:00:29confusions is Cleveland Water Bills for

1:00:31Northeast Ohio Regional Sewer District.

1:00:33So, everybody just thinks that it's all

1:00:35one, right? And it's really not. Um, but

1:00:38when it comes to a big project like

1:00:40this, this is not on um the city of

1:00:44Cleveland, right? And even though the

1:00:46city of Cleveland residents are part of

1:00:49your portfolio, so the the city of

1:00:52Cleveland residents ultimately because

1:00:54the rateayers are paying for this

1:00:57ultimately are paying for it. This is

1:00:59not a city-run project. You're just here

1:01:02looking for easements and and stuff,

1:01:06right, that they need to get this that

1:01:08they need to get this done. Um, now we

1:01:12have been having numerous conversations

1:01:14regarding this project because this is a

1:01:16very long project. U, we've met actually

1:01:19out at the site and you know that I do

1:01:21have some some issues and some concerns.

1:01:24um the fact that we're losing

1:01:28the the majority of even though I know

1:01:31you said that the park won't be

1:01:33interrupted. It it will be interrupted

1:01:35because they're taking twothirds of the

1:01:36park for

1:01:39up to seven years, five years, four,

1:01:42however long it's going to be. My

1:01:45neighborhood is losing three4s of its

1:01:47park for a significant amount of time.

1:01:51Um, and I'm I I didn't go over to the

1:01:54Esserbrook site, but I'm assuming that

1:01:55there's going to be some sort of

1:01:57disruption for some amount of time. I

1:01:59know that it's being staged at Emory

1:02:01Park, which is why it's going to be so

1:02:03long, you know, why it's going to be so

1:02:05long at Emory Park. My question is, how

1:02:07long will it take to get from Emory Park

1:02:11to start being disrupted

1:02:13at Esbrook? How long will it take that

1:02:16boring machine to get to Emory Park?

1:02:19>> To the chairman. Um, so essentially the

1:02:22the tunnel the large tunnel boring

1:02:24machine does not get to Esesterbrook

1:02:26Park. That's a different tunnel boring

1:02:28machine. It's a 10-ft diameter machine

1:02:29that will be run out of Esbrook. Uh, so

1:02:32that'll go in two directions out of

1:02:34Estherbrook to Brookside and then to the

1:02:36tunnel. Um, so from Emory, you probably

1:02:40have about a year to sink the shaft and

1:02:42get the machine to the shaft and put it

1:02:45into the shaft down to the bottom. Then

1:02:48you're looking at about a two-year

1:02:50tunneling operation, one and a half to

1:02:51two years. This is our longest tunnel at

1:02:5322,000 ft. That gets it all the way to

1:02:57uh Hener Road and 24th Street. So shaft

1:03:02three in the middle approximately half

1:03:04of that. So I would say a little less

1:03:06than a year um of tunneling. So from

1:03:09start to finish, you're probably looking

1:03:10at a year and a half to two years before

1:03:12it passes Estherbrook underneath Memphis

1:03:15Road. And then where where exactly? It's

1:03:17it's going to stop at west under we're

1:03:19never going to see it, right? Because

1:03:20it's going to be underground, but it's

1:03:22going to stop at West 24th over by over

1:03:25by Memphis over there.

1:03:27>> Yeah. At that point, chairman, it it

1:03:28ties uh there's gates that control it

1:03:31and it uh ties back into the Big Creek

1:03:33interceptor which runs along Hener Road

1:03:35and 24th Street in that area. So, we

1:03:37have to tie back into the existing

1:03:39infrastructure.

1:03:40>> Okay. Um, and then, uh, obviously, you

1:03:44know, I had the poll issue, right?

1:03:46Because one, you decided to go with

1:03:49First Energy and not Cleveland Public

1:03:51Power.

1:03:52Two, we have a number, how many how many

1:03:56additional polls are going to be dropped

1:03:58on West 130th between Emory and just

1:04:02past Bair?

1:04:03>> To the chairman, that's 17 new polls as

1:04:05we discussed, but those will be removed

1:04:07as well.

1:04:07>> Right.

1:04:08>> Wow. And how many how many poles are

1:04:11being removed when those 17 get placed?

1:04:17>> Uh to the chairman, we're installing

1:04:20nine new poles that will replace

1:04:22existing poles and then 17 new poles

1:04:25that we will remove.

1:04:26>> Okay. So we're we're replacing nine

1:04:28poles, right? Because

1:04:31>> they for whatever reason, right? We

1:04:34number number of different reasons.

1:04:35>> Yeah. they need to be higher to carry

1:04:37these the new power to the site. Um, and

1:04:39we found that those nine are areas we

1:04:42can consolidate where there was an old

1:04:43pole. We can put the lines existing

1:04:45lines onto those new poles and then just

1:04:48keep that new pole.

1:04:49>> All right. And then of the 17 new poles,

1:04:52these are going to be taller poles. So

1:04:53these are 60 foot poles as opposed to

1:04:55the 50 foot poles, right? How many of

1:04:57those 17 are going to remain um once the

1:05:01project is done?

1:05:03>> None of them.

1:05:03>> Okay. None. So, they'll all be gone.

1:05:05>> Correct.

1:05:06>> Is there a possibility

1:05:08um that some of the existing poles

1:05:10because these new these newer poles will

1:05:13be newer they're newer poles, right? As

1:05:15opposed to the older looking one. Any

1:05:17possibility of just transferring it that

1:05:21when when the project is done from to

1:05:24the new pole and removing the old pole

1:05:28so that when we're done it looks like we

1:05:30have a bunch of new poles as opposed to

1:05:34holes that have been replaced.

1:05:37>> To the chair, I think we'll continue to

1:05:39work with you, CI, CPP, on consolidating

1:05:42all those poles in the future. I think

1:05:44the ones that we're putting in are the

1:05:46larger diameter ones. So, there might

1:05:48not be a desire once those go in to

1:05:50leave those.

1:05:51>> Um, but we'll continue to work with you

1:05:53and everyone else to try to, you know,

1:05:55optimize what's out there.

1:05:57>> And this street is a little unusual

1:05:58because one side of the street is CI and

1:06:00the other side of the street is CPP. So,

1:06:03just for my colleagues um for that kind

1:06:06of knowledge. Um all right. Uh that's

1:06:09all the questions I have.

1:06:11>> Uh Councilwoman Hudson.

1:06:14>> Thank you, Mr. Chair. Um through the

1:06:17chair, I we've um exchanged some emails

1:06:19about the the trees that exist at um

1:06:23Aster Brook Park. Um, so I just want to

1:06:25clarify that um that for this section of

1:06:30uh park that's going to be um affected

1:06:33by this project that um you know there

1:06:36are several new trees that have been

1:06:38planted along um along Fulton there. Um

1:06:42and um I Suzanne let me know that um

1:06:48that Jim Mcnite requested that your

1:06:50contractor relocate the trees that were

1:06:53planted in 2024. So um I just want to

1:06:56confirm that that's part of the plan

1:06:58through the chair

1:06:59>> through the chair to the councilwoman

1:07:01that is part of the plan. Uh we've

1:07:02already talked about that. Um, so we

1:07:05will relocate those as well as when

1:07:07we're done uh with the Esesterbrook

1:07:08site, which will probably be around a

1:07:102year 2 and a half year period, we will

1:07:13replant trees in those uh in the area

1:07:16that we were occupying. So you'll get

1:07:17the relocated trees as well as new trees

1:07:20along Fulton.

1:07:21>> So um through the chair, all trees that

1:07:24will be removed, I'm sorry, that will

1:07:27all of the trees along Fulton will be

1:07:29relocated.

1:07:32the the trees that we will Yes. Uh

1:07:34that's correct. They're small enough

1:07:36where they can be relocated. Um they're

1:07:38not super large at this point because

1:07:40they were just planted. So, we will

1:07:42relocate those uh to wherever the city

1:07:44would like us to. And then we'll um

1:07:47hopefully establish them in their new

1:07:49locations as well as plant new trees.

1:07:51>> And then will um the sewer district be

1:07:54responsible for maintaining these re

1:07:57relocated trees? I would say for a

1:08:00period of time to establish them. Yes.

1:08:02>> Okay.

1:08:02>> Yeah.

1:08:03>> And so then is it correct to say through

1:08:06the chair that there are no trees that

1:08:08will be lost as a result of this

1:08:10project? And actually once it's

1:08:12completed, we will have several

1:08:14additional trees

1:08:16>> through the chair to the councilwoman.

1:08:17That is correct.

1:08:18>> Okay. And um it it was also uh mentioned

1:08:22that the $56,400

1:08:24that will be um you know paid for the

1:08:28easements that that it'll be used for

1:08:31improvements at Esesterbrook Park. Um

1:08:33what what will those improvements

1:08:35entail?

1:08:42>> Um uh through the chairman the

1:08:43counciloman. So we would work with you

1:08:46on what those improvements would be. We

1:08:48haven't we haven't really talked about

1:08:49that yet. Um I do know that there are um

1:08:53um you know some some seating that will

1:08:56be going in soon and and it's up to you

1:08:58how these funds would um complement

1:09:01everything else that's happening there.

1:09:03>> Okay. Thank you. And so through the

1:09:04chair, the $56,400

1:09:06in improvements would be in addition to

1:09:10uh restoring the site to its um you know

1:09:15existing or better condition that it is

1:09:17correct now.

1:09:18>> Okay. And then I have a question also

1:09:21about um I believe it's shaft BCT-2

1:09:27um which would be at uh 42 uh close to

1:09:324270 West 37th Street. There's a vacant

1:09:36lot there, but then there's also one

1:09:38home that was going to be affected by

1:09:40this project. Um can you give me an

1:09:42update you through the chair? Um, have

1:09:45you been able to acquire that property?

1:09:48>> Yep. Through the chair, to the

1:09:50councilwoman, we are still working on

1:09:51that. Um, we have had numerous uh

1:09:54yearslong discussion with that property

1:09:56owner through our real estate group. Um,

1:09:58we have uh also gotten approval from our

1:10:00board to appropriate that location. Uh,

1:10:03and we're in the process of filing that,

1:10:05but also working on a relocation

1:10:07agreement with the property owner um as

1:10:10well.

1:10:10>> Okay. So, um your your goal uh through

1:10:14the chair is to come to an agreement

1:10:17with the property owner and not use um

1:10:22eminent domain to acquire the property

1:10:25>> through through the chairman to the

1:10:26councilman. That's always our goal um to

1:10:28not um you know force someone out. Um

1:10:31however, we do have the consent decree

1:10:32and the federal timeline here. We've

1:10:34we've given that site another year of uh

1:10:37duration before we'll actually be there

1:10:39from the start of the project to give us

1:10:41even more time to negotiate there. Um

1:10:44but we do have to have that particular

1:10:46location to build the project. And so

1:10:48we're working diligently to relocate

1:10:50that individual as well as negotiate on

1:10:53the price of the new house that they

1:10:56would move into and the relocation cost

1:10:59would be covered as well.

1:11:00>> Okay. Thank you. um could you separately

1:11:04provide me with the contact information

1:11:06for the homeowner? I just want to, you

1:11:08know, be in contact with them and um

1:11:10make sure that

1:11:12>> that everything's okay.

1:11:14Um

1:11:16oh, and then I have another question.

1:11:17So, there's also shown on the map shaft

1:11:22BCT1.

1:11:24Um is that the end point

1:11:27>> through the chair to the councilman?

1:11:28That's correct. That is the shaft where

1:11:30we'll remove the tunnel boring machine

1:11:31and the flows will kind of be held there

1:11:33with a a gate when the project's done

1:11:35and then it'll tie back into the big

1:11:37creek interceptor that's on Henry.

1:11:40>> And I don't believe that's in W 11. I

1:11:42think that's in Councilman Harsh's ward.

1:11:44Um

1:11:44>> that's correct.

1:11:45>> Are there any homes or um is that in a

1:11:49um you know vacant land area?

1:11:52>> So we've acquired two homes there um

1:11:55which are in the process of

1:11:56transferring. Uh those two homes will be

1:11:58uh the homes will be raised and then

1:12:00we've gotten another uh property

1:12:02agreement with the Melnik Automotive

1:12:04Group which was a grass parcel that's in

1:12:07the back there. Uh so those three sites

1:12:10as well as one land bank site uh will

1:12:12kind of make up uh the shaft site to do

1:12:15the work. Then we'll we'll kind of

1:12:17shrink down a little bit for the final

1:12:19restoration there, but we will have

1:12:20maintenance responsibilities there to

1:12:22maintain the gates uh and to check on

1:12:24the sewer system long term. Uh so we'll

1:12:27landscape those with trees and other,

1:12:29you know, grass that will maintain

1:12:31forever.

1:12:31>> Okay. Thank you. And so through the

1:12:33chair, were you able to reach an

1:12:34agreement with those homeowners?

1:12:37>> We were. And we relocated those folks um

1:12:40out of out of those houses. Correct.

1:12:42>> Okay. Thank you. That's all.

1:12:43>> Thank you. Uh Councilwoman Uh, Hudson,

1:12:47uh, one quick question. The the the

1:12:50dollars that Estherbrook that's being

1:12:51allocated for Esther Brookbrook, does it

1:12:53have to go to the outside the

1:12:55restoration or or could if there's money

1:12:57left over, could it go to inside

1:12:59improvements as well at the rec center?

1:13:03I was just wondering

1:13:04>> uh, it Mr. Chairman, it could be either.

1:13:07So, it's just up to the as long

1:13:08>> as it's at Esesterbrook.

1:13:09>> Yes.

1:13:09>> Okay. Um, and then how many easements

1:13:13does the sewer district have around the

1:13:16city? Do we know approximately?

1:13:18I I know a ton. Right.

1:13:20>> That That's a good question, Mr.

1:13:22Chairman. I I'd have to go back and

1:13:24check. You mean for for the tunnel? The

1:13:26seven tunnel projects

1:13:28>> for that or for for whatever, right?

1:13:30>> For everything. Because my question is,

1:13:33does the sewer district just pay a

1:13:34one-time easement fee and then they have

1:13:36the easement forever or is there is it

1:13:38an on is there an ongoing charge to the

1:13:41sewer district to to have the easement?

1:13:43>> No, it's just a one-time fee. It's like

1:13:45a property transfer, you know, like a

1:13:48purchase of of deed rights. And so, it's

1:13:50just the onetime fee and it's, you know,

1:13:52it's set by appraised value.

1:13:54>> So, if they have an easement right, who

1:13:57owns that property? like who's gonna own

1:14:00where the easement is at Emory Park when

1:14:03the project's over.

1:14:05>> Um it would be the city. The city

1:14:07retains

1:14:08>> we still we still maintain it. They just

1:14:10Yes.

1:14:10>> The the sewer district then just has the

1:14:12right to come onto the property whenever

1:14:14they want and do whatever they need to

1:14:15do and da da da.

1:14:17>> Exactly. Exactly.

1:14:18>> Okay. Anybody else? Councilman Sha.

1:14:22>> Okay.

1:14:23>> Yeah. Um just um wanted to follow up on

1:14:27um Councilwoman Hudson's questions on

1:14:29the eminent domain. So sounds like the

1:14:32sewer district has is willing to use

1:14:34eminent domain for a public par to

1:14:39convert a private parcel into a public

1:14:41parcel for a need that the sewer

1:14:43district has determined. Correct.

1:14:45>> Through the chairman to the councilman.

1:14:47Yes. Uh we don't like to do that

1:14:49obviously. um we haven't done it very

1:14:52often but um the schedules for all these

1:14:54projects are dictated uh to us by the uh

1:14:57US EPA federal EPA um so certain cases

1:15:01that does come up uh we continue to

1:15:03negotiate even after we file we continue

1:15:05to do mediation and try to negotiate to

1:15:08a different location um but that does

1:15:11happen that's a tough one I'm just

1:15:14flagging that for my colleagues um and I

1:15:18know you've made it a point I know

1:15:19there's been some concern about using em

1:15:21domain. Um, and I just want to point out

1:15:24that it is a routine thing that other

1:15:26public entities do and we should be

1:15:28doing more of that as well. So, um, I

1:15:30wanted to, um, follow up on the can you

1:15:32just explain briefly what project clean

1:15:35lake is and kind of where we are in that

1:15:37time frame? We're still on track to

1:15:40finish within the initial I think it was

1:15:4124 year timeline.

1:15:44>> Yeah, through the chairman to the

1:15:45councilman. Uh, yes, that's correct. Uh

1:15:47we're probably at the 3/4 point of the

1:15:50program. Uh it was originally a 25-year

1:15:52program. We've negotiated it down to a

1:15:5424 for some other concessions. Um we'll

1:15:57probably finish, if everything goes well

1:15:59in the Big Creek Tunnel, uh about two

1:16:01years early. Um but if something were to

1:16:04happen underground, that two years could

1:16:06evaporate, you know, rather quickly. So

1:16:08we try to, you know, move projects up as

1:16:10early as we can. Um and yes,

1:16:14everything's going well. The whole

1:16:15program is essentially to keep the

1:16:17combined sewer overflows uh out of the

1:16:20waterways of Cleveland uh Kaihoga River,

1:16:23other uh streams and that. Um so at the

1:16:26end of the program, we'll go from 4 and

1:16:28a half billion gallons going out per

1:16:30year to 150 million gallons going out.

1:16:34Um and we're already making great

1:16:35progress with our our other five tunnels

1:16:38that are online. Uh, so we have tunnels

1:16:40on the east side that are already

1:16:42online, a westerly tunnel and a

1:16:43southerntherly tunnel that's about 70%

1:16:46constructed.

1:16:47>> That's great. Um, that's all. Thank you.

1:16:50>> Thank you, Councilman Conwell.

1:16:52>> Yeah, you know, um,

1:16:56Northeastern Regional Sewer District,

1:16:59you guys do a great job through the

1:17:01chair and, um, have you reached out to

1:17:04the residents to talk with them? you

1:17:06know, after you talk with the council

1:17:07member

1:17:10>> through the chair, to the counciloman,

1:17:12uh, councilman. Uh, yes. Uh, we've had,

1:17:14uh, meetings with, uh, Councilman Kazy.

1:17:16Uh, we're going to have one on Veterans

1:17:18Day with Councilwoman Hudson. Uh, we've

1:17:21had many other conversations uh, along

1:17:23the way. So, since this was a two-year

1:17:26design, we've uh, we've had a chance to

1:17:28to meet with a lot of people so far.

1:17:31>> Yeah, they're they're very very good.

1:17:33Um, councilwoman through the chair to

1:17:35the council woman. Matter of fact, um,

1:17:39C uh

1:17:42um, Angela Jones through the chair, I

1:17:45remember um, when we didn't have a huge

1:17:48meeting and we had to do some sewer um,

1:17:51work over there 123rd Street. Well, we

1:17:55were we went knocking on doors. Did the

1:17:57chair remember that? They will actually

1:18:00so that way the residents will be able

1:18:02to talk with them even if they don't

1:18:04come to meetings cuz they know that um

1:18:08all the time that majority of your

1:18:10residents will not come to a meeting but

1:18:11they'll call you about an issue and

1:18:13concern and they went door to door with

1:18:15me uh which I was very very happy and

1:18:18the residents saw that they were honest

1:18:20they didn't over um promise but they

1:18:23came through and every

1:18:26uh um project that they did in the

1:18:29Glennville community. Uh they left it

1:18:31better. The parks, um everything that

1:18:34they touched, first the residents were

1:18:36nervous about it, but they left it

1:18:38better. Matter of fact, to a point that,

1:18:40um I end up developing around their

1:18:44projects to make that whole area better

1:18:47to kill some of the blight. Um, I was

1:18:50looking at two weeks ago around the KAB

1:18:52Bates house where they build I don't

1:18:55know what you call it, but they made it

1:18:57better. Everywhere they go, they make it

1:19:00better and they listen to the residents.

1:19:01So, you won't have any problems out of

1:19:03them. It's a good They do a great great

1:19:06job. Matter of fact, um, their doors are

1:19:09open to me and I like I visit you

1:19:12unannounced. I visit them unannounced as

1:19:15well and it's open and they narrate

1:19:17things to me. So they're good partners

1:19:19to work with and thank you very much.

1:19:22>> All right. Thank you, Councilman

1:19:23Conwell. Councilwoman Gray.

1:19:25>> Yes. Thank you, Chair. I just want to

1:19:27echo what Councilman Conwell said

1:19:30because uh when uh I want to echo I just

1:19:32want to say Angela, you are just

1:19:34fantastic. Not saying any you guys are

1:19:36not. I just work very closely with uh

1:19:39Angela Jones that always email me and we

1:19:42meet at meetings. But I want to say that

1:19:45they have done a great job. Even when

1:19:47they did the Union Buckeye

1:19:48infrastructure many years ago, that is

1:19:51just still uh exquisite. The residents

1:19:55love the whole green space

1:19:58infrastructure how you have it set up.

1:20:01You know, they were even thinking that

1:20:03you was going to come back chair to the

1:20:05team that you was going to come back and

1:20:06build housing

1:20:09pertaining to the, you know, pertaining

1:20:11to what you have left. But it was a

1:20:13beautiful, beautiful uh setting, you

1:20:15know, especially up and down Buckeye

1:20:17Road. So, I just want to echo uh

1:20:19Councilman Conwell on that on that

1:20:22project and also the Southern Thing

1:20:23project, you know, which is Kingsbury

1:20:25that you're working on now. So, thank

1:20:27you for that.

1:20:29>> Thank you. Anything else, Councilwoman

1:20:30Gray?

1:20:31>> No, that's it, Tier. All right, one more

1:20:33thing

1:20:34>> with that. One more thing. I'm sorry.

1:20:36Yes, we have a a proposed amendment on

1:20:39order 6882026.

1:20:42Um, since the chairman, you know, the

1:20:45chairman uh have u issue with the polls

1:20:50and I have an amendment per se. So, the

1:20:54district shall seek CI's approval to

1:20:57remove or replace existing poles that

1:21:00carry the large power supply lines and

1:21:03poles used to provide temporary

1:21:06construction power for the tunneling

1:21:09equipment along West 13th after the

1:21:12completion of the district projects all

1:21:15at the district cost and must be

1:21:18completed on or before 1231 2032. We

1:21:22have an amendment. Do we have a second?

1:21:24>> Second. Do we have any discussions? All

1:21:27in favor of the amendment?

1:21:28>> I

1:21:34do.

1:21:36So it'll have to be after the where's

1:21:39somewhere

1:21:41>> where

1:21:47>> I mean this is

1:21:49>> this is kind of this is a big so it

1:21:52would be

1:22:03>> why don't we make it a new section

1:22:04eight. Oh, no. Why don't we Why don't we

1:22:09make it

1:22:11the new section seven and then renumber

1:22:14section seven, I guess, because that's

1:22:16already an amendment, section seven,

1:22:18isn't it?

1:22:23>> So, this is new section seven.

1:22:24>> This will be new section seven. And then

1:22:27the new section

1:22:29seven will be eight. Eight will be nine

1:22:31and nine will be 10. Now,

1:22:33>> all right. Make make sense?

1:22:35>> You got that?

1:22:36>> Got it.

1:22:36>> Okay. All right. Any other questions?

1:22:42>> No.

1:22:43>> All right. Thank you very much. We

1:22:45appreciate it. Uh with that, section 688

1:22:482026 as amended, stands approved. Please

1:22:51sign up. That concludes this uh

1:22:54committee of utilities until the call of

1:22:56the chair on October 29th.

1:22:59Thank you, Susan. Thank

1:23:14you.