A demolition crew made quick work of one of the two eyesores on W. 117th St.

After months of anticipation, the city last week razed the blighted apartment building at 1482-1484 W. 117^th St. They took control of the foreclosed property on February 2^nd, after purchasing it at sheriff’s sale for $55,000.

The property’s mortgage servicer earlier this year asked a court to stop the city from demolishing the building, which had been declared an unsafe structure. They wanted an opportunity to make repairs and protect their investment. The request was withdrawn after the city acquired the property.

The demolition was delayed, in part, because of the quirky design of an underground water pipe.

Director of Public Works Joseph Beno explained at a recent Public Works Committee meeting that the primary water pipe and meter for a couple of the other apartment buildings in the area ran directly through the city-owned building. He figured the design probably made sense when the water system was first installed because all of the properties may have been owned by the same person. To correct the issue, the city ran two new waterlines under a nearby private driveway.

What’s next for W.117th?

It is reasonable to assume the city will try and sell the newly-cleared parcel to owners of the adjacent apartment buildings who might welcome the opportunity to create more parking for their tenants.

Next on the city’s demolition list could be Morris Laderman’s Highland Manor Apartments at 1468 West 117^th. The lender successfully foreclosed on the property, but declined to initiate a sheriff’s sale – a common tactic employed by irresponsible lenders who don’t want to deal with the expense of an abandoned property.

The city designated the building as an unsafe structure, and Division of Housing and Building Director Jeff Ashby has said it will be demolished. He has also said surprisingly little asbestos – which is expense to remove – was found in the building.

A document filed by the city in February with the county recorder’s office indicates it has spent $122,028 on the property doing nuisance abatement work, and could seek to recoup the money through a property assessment.

Another demolition is in the cards

In another nuisance abatement note, the city awarded a contract on May 24th to demolish the vacant apartment building they own at 13736 Madison Ave. It’s sandwiched between Calanni Auto Service and Lakewood Firestone Tire and Auto, near Lakewood High School.

City picks up Marlowe Ave. house from Fannie Mae

The exterior of the house at 2060 Marlowe Ave. looks to be in good condition.

The city acquired the vacant house at 2060 Marlowe Ave. from Fannie Mae early this month. It has a property tax value of around $111,000, but the city appears to have received it at no cost.

The property was purchased in 1989 by Sean and Margaret Barry. Their lender began foreclosure proceedings against them in each of the last three years. The 2009 foreclosure for $98,671 was uncontested by the Barrys, although Margaret asked to be removed from the complaint because she claimed to have been tricked by her husband and a lending representative through “deceit and misrepresentation” into co-signing a loan refinance agreement.

Fannie Mae bought the house for $36,667 on March 29^th at sheriff’s sale.

The property looks nice from the outside, however, for the city to have received it for free suggests that something significant scared away the real estate vultures.

By the way, the city is trying to unload the properties it bought and rehabbed at 1598 Wyandotte and 1300 Andrews.

Bad economy and foreclosures not good for aging housing stock

Crime grabs all of the headlines, but one of the primary threats to the long-term well-being of the city is the condition of its housing and building stock. It is old and can be expensive to maintain.

According to information released this month by the Division of Housing and Building, the city has 9,314 single-family structures, 3,226 duplexes, 326 triplexes, 981 multi-family buildings, and over 750 retail storefronts containing 28,583 dwelling units. The average age of these structures is 84.

The lousy economy has caused some credit and cash-strapped homeowners to delay maintenance. Add the unprecedented foreclosure situation to the mix, and there’s a stew simmering that can be as damaging as any crime wave and longer-lasting.

On a single day in early June, for example, eight different houses in Lakewood – each owned by the same person, Stephen Rising – fell into foreclosure. Rising owns nine Lakewood properties that are in foreclosure, plus some in other cities. He has accumulated $25,400 in delinquent property taxes.

To be sure, not all of Rising’s homes will automatically turn into nuisances. The concern is how the properties will be cared for in the months or years it takes him to straighten out the situation. Will the grass be cut, will repairs be made, etc.?

Building code violations down over each of the last four years

It is difficult to know how successful the city is in dealing with its housing issues. It doesn’t have mandatory point-of-sale inspections like Shaker Hts., or regular city-wide exterior inspections of owner-occupied homes like Cleveland Hts. Without either of those protections in place, the situation is ripe for problems to fall through the cracks and exacerbate.

Interestingly, the number of building code violations decreased for the fourth straight year from 181 cases in 2008 to 159 cases in 2009, according to the 2009 Lakewood Municipal Court annual report. In addition, instances where tenants deposited their rent with the court because of code violations went from 33 in 2008 to 17 in 2009.

What’s up in housing court?

One day earlier this month, Lakewood Municipal Court Judge Patrick Carroll heard the cases of about 30 different property owners in court for housing and building code violations.

Most of the owners had either repaired their properties or had made good progress towards getting things up to code – in which case the judge issued a continuance for follow-up at a later date.

- Lakewood Hardware’s Glenn Palmer, who has had some frustrations in housing court, was given a one-week extension to submit architectural plans to the building department regarding repairs to the roof, steps, and porch of his building on Madison Ave.

- Patrick Sullivan, of Sullivan’s Irish Pub and Restaurant, was given until September 3^rd to produce approved drawings for his building to correct concerns about firewall and property line issues.

- Westlake resident Kujtim Dauti, who owns the vacant space between Merry Arts Pub and Grill and Niko’s was given a two-week extension in order to get his architect and the city’s building department on the same page.

Assistant Building Commissioner Robert Apanasewicz said he and project architect Charles A. McGettrick “disagreed on technical issues.” Dauti wants to put a restaurant in the space. He has changed plans several times, going from a restaurant, to retail, to a coffee shop, and now back to a restaurant.

- Dustin Koch landed in housing court after a neighbor complained about the junk in his French Ave. backyard, which included an improperly stored 15-foot boat, an unlicensed Jeep without an engine, tools strewn about, and tall grass.

Koch relocated the boat to his mother’s residence on Brockley, but was unclear about the other violations he’d been cited for.

He and the city housing inspector had spoken on the phone, but had not discussed the situation in person. The inspector did visit Koch’s residence and spoke with someone he believed was Koch, but in fact was a friend of Koch. The inspector photographed the violations, but could not download the images from his cell phone in time for the court appearance.

Carroll fined Koch $50, placed him on a year’s probation, and gave him a month to clean-up his property. Koch could be fined up to $1,000 if he doesn’t reach compliance.

Judge warns Cranford Ave. resident inaction won’t be tolerated

The duplex at 1234 Cranford needs a new front porch support beam and garage. The homeowner said she cannot afford repairs.

Cranford Ave. resident Kathleen Bruening appeared before Judge Carroll and explained she could not afford to correct her housing violations, which include construction of a new garage, and replacement of a failing front porch support beam.

LakewoodAlive Housing Outreach Director Hillary Schickel referred Bruening to a debt counselor and Neighborhood Housing Services of Greater Cleveland (NHS) for assistance.

Bruening said her mortgage lender would not modify the terms of her loan in order to make it more affordable. She also said she’s considering taking the advice of the NHS representative who advised her to let the house go into foreclosure.

Judge Carroll did not find that option suitable. “I’m not going to have you just walk away from this,” he said. “This could go on for years, and I’m not going to permit that.”

He reminded her of the obligation to her neighbors to take care of the property and said he could fine her at least $1,000 if she tried to take the easy way out.

“I know it’s my problem, but there’s nothing I can do,” Bruening replied. She estimated the porch beam repair would cost at least $3,000.

Judge Carroll issued Bruening a one-month continuance in order to figure out an acceptable plan, such as possibly turning the house over to the bank to avoid foreclosure.

Hilliard Square Theater was built in 1927, and has been closed since 1988.

Speaking to a gathering of about six people last Thursday at Harding Middle School during the latest stop on his Listening to Lakewood tour, Mayor Edward O. FitzGerald touched on a variety of topics including the fate of Kauffman Park’s Little Links, the financial situation at the Beck Center, and the future of Hilliard Square Theater.

Battling a power outage that affected the school and a large swath of the southwest area of the city, FitzGerald pushed through his opening presentation with neither a microphone nor a PowerPoint propaganda machine. He repeated from memory variations of tired self-congratulatory talking points and factoids that painted for listeners a deceptively rosy picture of the state of the city.

$2 million surplus

FitzGerald, who lost interest in his job as mayor after less than two years in office and is now seeking to become Cuyahoga County Executive, said the city is on target to have a $2 million surplus at the end of the year – its largest in seven years. “We are basically stable,” he said, but cautioned municipal operations are at their limits of efficiency. From his perspective, in other words, there’s no more fat to trim.

He declared success against crime (“some notable declines in crime statistics”), with nuisance situations (“a slew of evictions”), and recycling (“up roughly 20%”). In sum, he said, “We’re a smaller city with some big city problems.”

Little Links will be no longer

FitzGerald said the city is moving forward with modest improvements to Kauffman Park, including the removal of Little Links, which will repurposed as green space. The owner of nearby Lakewood Plaza has expressed his intent to renovate the tired-looking property, but hasn’t set a firm start date on the project, according to Director of Housing and Building Jeff Ashby, who was present at the event.

Beck Center still has money concerns

A member of the audience wondered if the Beck Center should be moved to Kauffman Park to capitalize on the prime location. “There isn’t money to move the Beck Center,” replied FitzGerald. He said that it is “under extreme financial duress,” and explained what the city has done to try and improve the situation. “These are tough times for non-profits,” he said.

Dim picture for Hilliard Square Theater

The same audience member asked about the status of the shuttered Hilliard Square Theater. FitzGerald said that the theater in the mostly vacant building complex is in very poor condition.  “It’s a very, very difficult property to redevelop,” he said. “It would almost have to be a complete redo” and “the cost to restore it is enormous”.

FitzGerald said that the movie theater industry is not doing well in the current economic climate. He noted that the theater on Detroit Rd. is having a tough time staying open.

The mayor said one major disadvantage to the Hilliard Rd. building is its lack of available parking. He felt it would be particularly expensive to acquire either of the adjacent buildings – one an apartment building and the other a gas station, because they are both money-making businesses.

FitzGerald said the city has helped theater owner Robert Dobush complete state grant applications, but the situation was “very, very difficult.”

Since the state has already invested in The Capitol Theater in the Gordon Square Arts District, the mayor doubts they would want to get involved with a similar project in such close proximity.

The next best hope, FitzGerald said, would be if a wealthy investor with the right kind of vision came along. The mayor acknowledged that the odds of anything good ever happening are not favorable. “I can’t say I’m overly optimistic about it,” he admitted.

Are weekends in Lakewood boring?

Someone said that the weekend vibe around the Coventry-area of Cleveland Heights was better than anywhere in Lakewood, and wondered what the city could do to fix it.

The mayor said the city can’t force businesses to open on Sunday and the situation in Lakewood is better than it used to be.

Paying to fix streets instead of paying for fireworks

A gentleman wondered if the city should take the money it spends on fireworks and instead apply it towards the cost of repairing roads. FitzGerald said the Fourth of July holiday is an important once-a-year community event that showcases the city to thousands of people. Compared to the millions of dollars it takes to fix the roads, the money spent on fireworks is very minor.

Dog lovers and their pets relax at Lakewood Dog Park at the end of the first day of a court trial that may have serious consequences for the park's future.

On Thursday, after three years of legal maneuvers and fruitless attempts at compromise, representatives from neighboring cities Lakewood and Rocky River met in Judge Carolyn B. Friedland’s court to begin a bench trial that will determine the future of Lakewood Dog Park.

Michael O’Shea, the attorney representing Rocky River, gave a 10-minute opening statement that outlined the core of the conflict and described how he would present his case.

Essentially, O’Shea said the dog park is a nuisance to nearby Rocky River homeowners due to the amount of noise it generates and the city of Lakewood must correct the problem.

O’Shea said there will be two phases to his presentation. First, he will call to the stand Rocky River and Lakewood officials and aggrieved Rocky River residents to describe the noise problems and explain how they were handled. Then, he will call on witnesses to describe the events and decisions that led up to the construction of the dog park on city property in the Metroparks.

O’Shea explained that dog park founders originally wanted to build the facility at St. Charles Green, the park-like area located behind the large parking garage near Lakewood Center North. However, some city officials felt it was a bad location because, as one city council member at the time said, “the barking will drive people crazy.”

According to O’Shea, the acoustics of the current dog park location are akin to those at Blossom Music Center. Noise generated in the Rocky River Valley – even slight noises – easily carry to the nearby cliffs. He claimed conversations conducted at a normal tone at the adjacent city water treatment plant are clearly heard by residents on High Parkway in Rocky River, who are only about 350 feet away.

Interestingly, none of the Lakewood residents who live on the cliff (pictured above) overlooking the dog park have lodged any noise complaints. Rocky River's attorney is quick to point out that the houses in Lakewood are twice as far away from the park as those in Rocky River and are positioned in such a way that the sound is blocked by the trees and the cliff.

O’Shea said he would introduce 370 barking dog complaints that occurred elsewhere in the city of Lakewood as evidence that officials there have been responsive to such situations, and should also be responsible for quieting Lakewood Dog Park.

Warning the court that he expects the defense to portray his clients as “over sensitive” and “complainers,” O’Shea said the noise emanating from the dog park is a legitimate nuisance.

The decibel level is not a problem, O’Shea explained, but its continuous, repetitive, and year-round nature is and it can be heard over common household sounds such as the television and air conditioning.  “It’s like Chinese water torture,” he said.

O’Shea concluded his opening statement by telling the judge that the Rocky River residents on High Parkway were there before the dog park and should not have to tolerate nuisance conditions. “It has destroyed the quality of their homes,” he said.

Judge Friedland then adjourned for the day so that she could visit the dog park, observe the surroundings, and get a better understanding of the geographic layout.

The trial will resume on Monday, July 12^th at around 10:00 a.m. in courtroom 20-D of the downtown Justice Center. Judge Friedland said the case would probably last the entire week.

Trial updates

It’s not clear if it will be updated regularly, but Lakewood Dog Park supporters are providing news on the case via Twitter

Learn more about the case

Want to learn more about the case? Here are some supporting legal documents that provide a background on the situation. Most of these files came from the Lakewood Dog Park Web site.

The original complaint (.PDF)

Affidavit from Rocky River resident Tim Merriman (.PDF)
Affidavit from Rocky River resident Carol Buddie (.PDF)
Affidavit from Rocky River resident Michael Buddie (.PDF)

Appeals court judgment reversal (.PDF)

Pretrial settlement effort statement (.PDF)

Motion to strike statement (.PDF)

Response to motion to strike (.PDF)

The first leg of the project, formally known as the Clifton Boulevard Transportation Enhancement Program, was completed in June when conceptual design drawings were produced based on a comprehensive engineering survey done earlier in the year.

The project is a partnership between the Greater Cleveland Regional Transit Authority (RTA), and the cities of Cleveland and Lakewood. It will be financed entirely by federal stimulus dollars. Richard L. Bowen + Associates, Inc was awarded a $765,000 contract to design and plan the project.

The overall cost of construction has been estimated at between $6 million and $14 million. Officials are reluctant to identify a more precise number because construction funding has not yet been secured. However, someone with in-depth knowledge of the situation believes it could be in the neighborhood of $8 million.

The budget estimate provided along with the June conceptual drawings is for just under $11 million.

April public meeting

A public meeting was held at Emerson Elementary School on Clifton Blvd. in early April to present the public with a project update and get feedback.

The decent-sized crowd that showed up was generally divided over the issue of whether or not a tree-lined median on the boulevard would be a welcome addition to the community.

Some opponents of the project felt a median could make travel less safe by reducing sight lines and eliminating left-hand turns at certain intersections. Other detractors of the plan questioned RTA’s priorities in light of their service reductions and sharp funding decreases.

Proposal proponents said a landscaped median would make the wide and sometimes busy road more neighborhood-friendly. “I want to reclaim it as a city street,” said a resident who has lived on Clifton Blvd. for 25 years.

A couple of Clifton Blvd. business owners commented favorably on the project. One said the area needed to “bring it up a notch” in order to compete with other cities. “It’s losing that status,” he said. “Where’s the excitement?”

Steve Presser, owner of Big Fun, agreed, and added “It’s a thoroughfare [right now]. It’s a dangerous street.”

A few things to watch for: money, maintenance, and communication

Here are three areas citizens should keep an eye one:

1. Funding – will there be enough cash to build something fantastic?

Federal money will be available for this project. The question is: Will there be enough funding to fully realize the project’s more ambitious elements? It is reasonable to assume that the colored concrete intersections could be jettisoned if the budget doesn’t match the plan.

If the right level of financial support isn’t available, one hopes the project’s leaders can resist the temptation to build a median on the cheap merely for the sake of the accomplishment.

2. Maintenance – can Cleveland and Lakewood maintain upkeep on a landscaped median?

Cleveland and Lakewood are not known nationally for the quality and upkeep of their urban forests. Lakewood, for example, spends thousands of dollars annually to plant new trees on city property, and then doesn’t bother to water them. Can they be counted on to invest the money and time required to keep a landscaped median looking good over the course of many decades?

3. Communication – are Clifton residents fully aware of project’s progress and impact?

After hearing both sides sound off at the April meeting, it seems some folks are emotionally opposed to the project partly because they have preconceived notions based on false or incomplete information. Other people are upset because they feel like they don’t have a voice in the matter and it’s being forced upon them.

In order to achieve the “broad public support” leaders of the project said they are seeking, more must be done to disseminate details of the project’s progress to the people it most directly effects – residents of Clifton Blvd and nearby streets. In the same vein, a more robust effort ought to be made to promote and publicize public meetings on the issue.

Right now, for instance, a copy of the project’s design drawings should be on prominent public display at Lakewood City Hall, and the Lakewood Public Library, and also available on the Internet. If the city can find $33,000 in its budget for a 25-minute Fourth of July fireworks show, surely it can find a few hundred bucks to help establish a more informed citizenry to ensure that a multi-million dollar project meets the needs and desires of the public.

How many people will attend the public work sessions scheduled for later this month? 50 people, maybe, most of whom will be completely unfamiliar with the latest details of the project and unable to contribute anything of significance except more frustration.

Members of Lakewood City Council should stop taking their $7,000 annual salaries so literally, and put forth a serious effort to publicize these meetings. If all seven council members were to go door-to-door in their respective wards and distribute meeting reminders, it could motivate hundreds of people to show up for the event.

Small efforts would help, too, like perhaps a dozen yard signs planted along Clifton near bus stops, or even small signs on bus shelters. Even a public meeting announcement in the city’s monthly water bill mailing would be useful.

What’s next?

Public work sessions will be held in Lakewood and Cleveland in July, according to the Web site EnhanceClifton.com. The site, which hasn’t been updated lately and contains some broken links, actually states the sessions will be held in early July, so instead figure mid-July.

The next project deadline is August 10^th, when the preliminary design documents will be due. The conceptual design material based on the field survey was provided on June 11^th.

Here are some images from the conceptual designs:

A few different types of median will be used. This rendering shows how a median with a short flowering tree would look. It also includes a view of a treeless median with poured concrete. Click on the image to see more detailed view.

This is a rendering of median with a medium-sized shade tree. The type of tree could be something like a hybrid elm or a honey locust, although the city banned the planting of honey locusts on public property in 1958. Click the image to see greater detail.

Here's a rendering of the overhead view of a typical bus stop station landscape plan. There will be approximately 30 of these along the entire stretch of Clifton Blvd. They will be about 10 feet wide and 150 feet in length. Click on the image to see greater detail.

Two different varieties of bus shelters will be used. This one has a peaked roof. Click on the image to see greater detail.

A flat-roofed bus stop. Click the image for greater detail.

Here's a rendering of the proposed bus stop design at the intersection of Belle Ave. and Clifton Blvd. Notice the bus shelter's roof color and shape match the red tile roof of the house in the background. Click the image for greater detail.

A rendering of the proposed bus shelter at the corner of Cove Ave. and Clifton Blvd. It blends in well with the area architecture. Click on the image to see greater detail.

A rendering of the proposed bus shelter near Clifton Blvd. and West 115th St. Click the image to see greater detail.

This is an overhead view of the pavement and landscaping details for the commercial district on Clifton Blvd. in Cleveland, just to the east of W. 117th St. Charter One Bank is in the lower left-hand corner. Click the image to see greater detail.

Because a landscaped median is impractical for the Clifton Blvd. business district area due to traffic conditions, designers want to put concrete planters close to the road, along the sidewalk. Click the image for greater detail.

An artist's rendering of the view east on Clifton Blvd at W. 117th St. You can see the stamped colored concrete cross walk and intersection, as well as the landscape planters in the business district. Project budget cuts could lead to the elimination of the colored concrete intersection. Click on the image to see greater detail.

Here's the survey map for the Lakewood side of the Clifton Blvd and W. 117th intersection. The colored stamped concrete crosswalk and intersection can be prominently seen. Click the image to see greater detail.

The survey map of the intersection at Clifton Blvd. and Nicholson Ave. indicates that the southwest corner will get a peaked-roof bus shelter. The intersection and crosswalks will have colored and stamped concrete, assuming the final budget permits it. Click the image to see greater detail.

In earlier versions of the Clifton Blvd. improvement project, the landscaped median did not stretch to the city's border with Rocky River. In the current proposal, however, it does. This survey map of the intersection of Clifton Blvd and Lake Ave, near the Clifton Park neighborhood, shows a tree-lined median and colored and stamped concrete crosswalk and intersection. Click the image to see it in greater detail.

This survey map of the intersection at Chase Ave. and Clifton Blvd. shows why some residents -- Chase Ave. resident Colleta Graham, in particular -- don't want a median. The median would eliminate any left-hand turns from Chase Ave onto Clifton Blvd. There is a small gap in the median, but it's reserved for emergency vehicles only. Click the image to see greater detail.

This color survey map depicts the intersection of Gladys Ave. and Clifton Blvd. It shows how the median will eliminate left-hand turns off of Gladys, except for emergency vehicles. Click the image to see greater detail.

This survey map shows the intersection of Jackson Ave. and Clifton Blvd., where through traffic from Jackson will be permitted to make left-hand turns onto Clifton. Click the image to see greater detail.

Our sister inner-ring suburb to the east, Cleveland Heights, hasn’t had a municipal fireworks show in well over a decade. Parma and Euclid canceled their displays this year because the expense could not be justified amidst the worst economy in decades. It doesn’t look good when you lay-off dozens of people and slash city services, and then drop thousands of dollars on a half-hour noise and light show. People begin to question your priorities.

When you get right down to it, cities, including Lakewood, shouldn’t be blowing tax dollars on non-essential activities. Really, these events ought to be underwritten by area businesses and individuals, similar to what the city of Hudson does:

“Most of the area community fireworks shows have traditionally been funded out of city budgets, which we all know are under strain these days,” said Bill Sedlacek, Hudson Community Foundation board member and chairperson of the fireworks committee. “The Hudson Independence Day fireworks are totally dependent on donations from residents and the business community, without which there would be no fireworks show in Hudson.”

Yes, Hudson is a wealthy community, but all things considered, the Lakewood community – particularly the business community – ought to be capable of providing ample funding for a quality holiday entertainment experience.

The city received a $25,000 donation for fireworks from Ice Land USA as part of the management deal for Winterhurst Ice Rink in 2008. The next year, July Fourth donations totaled just $300.

What’s it cost?

The city has a budget this year of $46,000 for Fourth of July events, with roughly $10,000 designated for salaries and labor, and $33,000 for fireworks, according to information provided by the finance department (see .PDF). (And as a quick aside, at no point during the 2010 budget discussions did anyone ever breathe so much as a whisper about this money.)

The fireworks

The city put out a request for proposal (RFP) in April inviting fireworks display exhibitors to submit responses for a 25 to 30 minute display with a $33,000 budget limitation. The RFP stated the show “must be designed to provide a full range of color, sizes, and patterns so that there are not ‘dead moments’ in the sky.” (see .PDF)

Four companies submitted responses: Mad Bomber Fireworks (.PDF) of Kingsbury, IN; Pyrotecnico (.PDF) of New Castle, PA; Wolverine Fireworks Display (.PDF) of Kawkawlin, MI; and Zambelli Fireworks (.PDF) of New Castle, PA.

Each of their display proposals contained fireworks programs with the same basic elements: opening barrage, main body, pre-finale, and grand finale. The firework shells range between 2 and 6 inches in diameter.

Fire Chief Lawrence Mroz reviewed the bids and found that they all met licensing, permit and safety requirements. Based upon company size, experience, and shell diameter size, he felt the best two proposals were from Pyrotecnico and Zambelli.

The city awarded the event to Pyrotecnico. Compared to the other bids, they did not offer the greatest number of overall shells, but did have the largest total number of 5 and 6 inch diameter fireworks with 647. The next largest total was Zambelli with 416. Check out the comparison sheet here. (.PDF)

Here’s what you can expect to see at tonight’s Fourth of July fireworks display:

Smith had his mother call 911 on April 22, 2007 to get him emergency assistance after he experienced the early symptoms of a grand mal seizure. Smith claims she warned the dispatcher about his medical condition.

City personnel Jeffery Wilson and Mathias Brooks arrived on the scene. They seated Smith on a bench in the ambulance, and then proceeded towards the hospital.

Smith experienced a full grand mal seizure during the trip. He fell off of the bench, over a stretcher and onto the ambulance floor.

The paramedics picked the convulsing Smith up off of the ground, placed him on the stretcher and inserted an IV tube into his arm. It was later determined he separated his shoulder in the fall.

Basically, Smith’s lawsuit accuses the paramedics of being at fault for not recording his vital signs prior to the trip, and for not properly securing him in the ambulance when it was known he had a seizure problem.

Smith claims to have suffered severe physical and mental injuries from the incident which are permanent in nature.  He is seeking $75,000, plus $800,000 in punitive damages. You can read the complete complaint here (.PDF).

Quick legal updates

- Cuyahoga County Judge Michael P. Donnelly upheld the Lakewood Board of Zoning Appeals’ decision that Oak Tree Manor on Bonnieview Ave. must discontinue its use of office space for business purposes that are not permitted by the zoning code.

Specifically, two two-suite apartments had been combined and served as an office for supportive services provided by Mental Health Services for about two-dozen of their clients who reside within the building. The office was a 24-hour a day, 7-day a week operation staffed by a total of 14 employees.

One wonders what MHS’ clients will do if they can no longer get immediate access to support services to deal with their issues — more on this later.

- US District Court Judge Dan Aaron Polster dismissed Peter Machlup’s case against the city involving the house he (probably) co-owned that once stood at 1570 Woodward Ave. (see .PDF)

The house, badly damaged by fire, was left sitting unrepaired for several months. The city declared it a nuisance and it was later demolished. Machlup felt the city’s Board of Building Standards and Building Appeals did not allow him to properly appeal the nuisance designation.

The judge tossed the case out of federal court for a bunch of different reasons, but primarily because Machlup did not first exhaust all his appeals at the state and county levels. Machlup is appealing the judge’s ruling.

- The city filed responses to the Hidden Village lawsuit (see response .PDF), Jill Ann Stewart lawsuit (see response .PDF), and Leonard Shelton lawsuit (see response .PDF). In each case, they essentially deny any wrongdoing and state their defense. Shelton also amended his complaint to include the mayor and city council (see .PDF).

Crime calendar update: gun fire and foot pursuits

The crime calendar has been updated through June 30. It contains two reminders of why law enforcement officers in Lakewood have dangerous jobs: gun fire and foot pursuits.

At face value, foot pursuits don’t seem as dangerous as car chases, but they can be. Take, for instance, the incident in Cleveland Heights earlier this year where an officer there died of sudden cardiac arrest while chasing after a shoplifter at Marc’s on Coventry.

There were at least two brief foot chases in the city during the last week of June. One situation originated at City Center Park and involved a juvenile who was reported missing. The other event involved a male reported to be trying to break into cars at the corner of Woodward and Madison. (The trend has continued into July. There was another chase at around 2:30 a.m. yesterday. It originated from a disturbance at Around The Corner Saloon and Café and terminated at 1385 Riverside.)

It’s never good to hear about gunfire in Lakewood. There were two incidents where weapons were discharged, and they happened within an hour of each other.

At 10:07 p.m. on Thursday, June 24^th in – surprise, surprise – Councilperson Mary Louise Madigan’s Fighting 4^th Ward, there was a report of a fight outside between two females and a male where a gunshot was fired. Officers on the scene near Idlewood and Williamson located a spent shell chasing, and retrieved a Bersa 9mm handgun from a house on Idlewood. A female was arrested for unlawfully discharging a firearm.

At 10:46 p.m. on the same day, residents near the corner of Lakewood Hts. Blvd. and Brown called police to report the distinct sound of gunfire. Police rolled up on the scene and observed a group of people outside standing near 14202 Lakewood Heights. When they realized the police were present, several of them tried unsuccessfully to hide. One juvenile was arrested for drug trafficking. A gun involved in the incident was recovered in the area the following day.

One more crime calendar note: yet another person complained to police that Calanni wouldn’t return their vehicle.

The owners of Lakewood Plaza have big renovation plans, but owe more delinquent property taxes than anyone else in the city.

The Sun Post-Herald reported that uncollected taxes for the Lakewood City School District rose from $3.8 million in early 2009 to $5.4 million at the close of 2009 collections. The article noted that delinquencies will probably still exceed $5 million when new figures are released next month.

Even though some of the tardy tax money was eventually captured – the school district’s treasurer indicated 50% of the $3.8 million amount was collected – these are big numbers with considerable consequences.

There are currently 432 parcels of land in the city with an accumulative total of about $1.8 million in delinquent property taxes, according to data provided last week by the Cuyahoga County Treasurer’s office.

The properties fall into a variety of different categories. In some cases, the property owners are on a repayment plan or are appealing the tax assessment. 30 of the properties are currently in foreclosure, and many others have been in foreclosure at one time or another.

The top 20 are:

One Lakewood Company owes about $160,000 on the two parcels of land that comprise Lakewood Plaza (sometimes called Drug Mart Plaza) at 15316 Detroit Ave., across from the Lakewood Public Library. They are on a payment plan.

Plans to extensively renovate the retail strip center and add a Quaker Steak & Lube were announced earlier this year.

Director of Planning and Development Nathan Kelly in February told city council that the project had some challenges. “It hasn’t been easy,” he said. “They want want to spend as little as possible.” Kelly said plaza management was  saddled with some unprofitable leases and was trying to shed them or wait them out.

MDN Investment Corp. owes $104,000 on the restaurant in The Carlyle that once housed Swingos.  The Plain Dealer reported in January that Ferris Steak House was going to take over the spot. The article says Bruce Ferris purchased the location for $255,000, but property records don’t support the claim.

In fact, the Carlyle Condo Association on June 3rd placed a $26,000 lien on the property, and named East 4th St, LLC as an owner — although that company doesn’t seem to own the property either, according to the Cuyahoga County Recorder’s Web site.

P & P Real Estate, the group that bought the old Giant Eagle on the corner Bunts and Detroit with the intention of building an Urban Active, owes $75,000 on the property. They also purchased a couple of houses immediately to the south of the property, one on Bunts and another on Parkhaven Row.

Both houses look ill-cared for and had delinquent taxes. Now, only the Parkhaven Row property tax is late — to the tune of $12,000.

A few property owners that have tangled with the city in court over the last couple of years are on the delinquent list. Joesph Falat owes a total of about $9,000 on separate homes in Birdtown. Oak Tree Manor on Bonnieview owes almost $24,500. Hidden Village on Clifton owes a little over $13,000. Both apartment buildings took on tenants receiving subsidized rent and ran into various confilcts.

There are a handful of buildings on the delinquent tax list that are tied to restaurants: Niko’s at 15621 Detroit ($19,264), Dianna’s Deli and Restaurant at 1332 W. 117th ($15,948), and Donatos  Pizza at 18100 Detroit ($18,930).

The complete list can be viewed here. (.PDF). Property taxes are next due on July 14th, so these numbers will soon change.

Believe it or not, the property taxes on this recently boarded-up and condemed housing complex on the corner of Lakewood and Franklin are current.

The Crime Calendar has been updated through June 23rd. Police were notified that the structure at 1549 Lakewood Ave. will be demolished. It had been home to some really shady characters, and was a neighborhood nuisance.  Here’s hoping that the vacant lot doesn’t draw more of the same kind of trouble.

Other notes:

Police were notified of copper pipe thefts at 1666 Elbur and 1292 Fry. Someone was also arrested trying to loot the Social Security building construction site at the corner of Roycroft and Detroit.

There was another report of an it’s-not-a-pit-bull-it’s-an-american-bull-dog situation. Sounds familiar.

If you take your car to get fixed at Calanni Auto Service on Madison, you may need a good lawyer. For the umpteenth time, somebody called the police because Calanni wouldn’t return their car. If it’s not one thing with this business, then it’s something else.

At around 7:18 p.m. on Tuesday, June 15th an officer near the apartment buildings on Clarence, behind the new Lakewood Garden Center, contacted dispatch – probably because he located an automobile registered to a driver with an outstanding warrant.

Before dispatch could respond, the driver and an occupant of the car exited the vehicle and took off running. The driver bolted west, and then east towards Garfield Elementary School.  The passenger ran south on Grace.

Police quickly descended on the area and lassoed the car’s driver at 1366 Thoreau. The other party was taken into custody on Grace.

The car’s driver, who had prior convictions for drug trafficking, felonious assault, and resisting arrest, also had three arrest warrants with Euclid, and one with Rocky River for resisting arrest. He was found to be in possession of a lot of “dough,” and, apparently, some narcotics. He was charged with obstructing, driving under suspension, providing false information and felony drugs.

His passenger, a 24-year-old Cleveland male, was charged with obstructing. Neither party was the person registered to the car.

Listen to radio traffic of the event below, or download the .MP3. It has been edited for brevity.

Overall, the city will receive a total of $2,406,701 in CDBG funds. The money is provided by the Department of Housing and Urban Development (HUD) to assist the city in carrying out a wide range of community development activities, with an emphasis on activities that benefit low and moderate income people.

Cities with over 50,000 residents, like Lakewood, are eligible to receive CDBG dollars. In the event the city drops below the required threshold, it can still get funding, but it was to work through the county, where the results are not as certain. This is one reason why a good showing in the 2010 Census is especially crucial for the city.

Administrative recommendation

Lakewood’s director of planning and economic development met on May 20th with the Citizens Advisory Committee (CAC) — the group charged with making allocation recommendations to city council — and presented his suggestions on how to spend the additional $306,700.

He suggested the following levels of fund distribution:

$100,000 – Economic Development Fund (job creation for people of low to moderate income). This doubles the original allocation to $200,000.

$87,958.50 – Street Reconstruction. This is 17.8% greater than the original allocation for a new total of $581,366.

$50,000 – Commercial Revitalization (storefront program). Total funding for this program would be $150,000, a 50% increase.

$50,000 - Vacant Property Revitalization Program. This would double the total funding to $100,000.

$10,000 – Administration for Planning and Development Dept. Funding would increase 2.4%  for a total of $430,000.

$5,000 – Madison Park Improvements. A 20% increase for a new total of $30,000.

$3,742.50 - YMCA Section 108 Obligation. A 6.8% increase  for a new total of $58,742.50.

Human service offerings like the yard service program and case management services for older adults are not eligible to receive any loot because their allocations are capped at 15% of the overall sum.

One-time paint program

The director of planning and economic development also suggested to the CAC that roughly $30,000 in leftover funds from various extinct programs be channeled to create a one-time only exterior paint program.

Modeled after a similar deal in Cleveland, vouchers would be awarded to income eligible residents whose homes or garages need a paint job and have already run into trouble with the city or are at risk of being cited.

For some reason, though, the city isn’t capable of administering the program themselves, and would hand it off to LakewoodAlive, which would collect a modest administrative fee.

Check out the director’s letter to the CAC outlining his funding recommendations (.PDF).

See the CDBG funding requests versus actual allocations (.PDF).

View the original funding applications.

Council must approve the final allocations; they usually follow the CAC’s recommendations.

And get ready, the city is now accepting CDBG applications for next year.

9,784 residents voted, more than the 5,430 folks who voted in the September 2009 primary election, but fewer than the 13,839 people who participated in the November 2009 general election. In comparison, 26,557 Lakewood citizens voted in the 2008 presidential general election.

The percentages of voter turn-out by ward precinct – the total number of actual voters versus the total number of people who were registered to vote but did not – mirrored those of the November 2009 general election.

Here's a map depicting the percentage of registered voter turn-out at the ward precinct level for the May 2010 primary election. Click on the image for a larger view.

Of the city’s 41 precincts, those with the greatest percentage of turnout were mostly concentrated north of Detroit Ave., largely along the Lake Erie shore. Precincts 3-A (between Nicholson and Belle) and 1-H (Clifton Park) had the highest percentages of participation at 39.1% and 36.2%, respectively.

Alternatively, with the exception of a couple of Gold Coast precincts, residents of Ward 4 had the most dismal results. Precincts 4-E (between W 117th and Cove) and 4-G (the eastern half of Birdtown, plus Ridgewood, south of Franklin to West 117th) had the lowest rates at 10.2%  and 11.9%, respectively. (Don’t know your precinct? Check here.)

The voter registration list is regularly purged of the names of people who are deceased, have relocated to another county, or have not voted in a number of years. However, it still contains enough inactive names that it makes sense to take a look at the raw participation numbers – how many people voted, and in what precinct – to get a clearer picture of how things went down on Election Day.

Here's a map depicting the total number of active voters per ward precinct in the May 2010 primary election. Click on the image for a larger view.

What precincts had the greatest number of voters? Four of the top 11 precincts were located in Ward 1. But the three most active precincts were 3-A (between Nicholson and Belle), 1-J (Maple Cliff to Webb), and 2-A (Lakewood Park to Erie Cliff) with 385, 359, and 348 voters, respectively.

How about the precincts with the lowest number of voters? Three of the four least active precincts were located in Ward 4. Precincts 4-E, 4-G, and 4-K — all along West 117^th – had 87, 107, and 128 voters, respectively. Precincts 1-F and 1-G, which includes all of those apartment buildings in the West End, had another disappointing turn-out with just 125 and 166 voters, respectively.

Weeks before the election, the city revised their gateway signage to send a subtle message to voters about the school levy issue.

The Lakewood City School District tax levy was the most important ballot item to a majority of voters. As evidence, only 133 people submitted ballots without making a choice on the issue. In comparison, the race between two Lakewood city council members for a seat in the Ohio House of Representatives drew 1,128 ballots without a selection.

Even in the midst of the worst economy in decades, residents overwhelmingly approved the property tax levy by a surprisingly large margin of 5,851 (60.62%) to 3,801 (39.38%).

Here's a map depicting the difference in the number of votes each ward precinct cast for the school levy in the May 2010 primary election. Click on the image for a larger view.

The issue received generally strong support throughout most of the city. It passed in all but one precinct, 4-H, home of Harrison Elementary School, where 36 more citizens voted against it than voted for it. Several northern precincts delivered victories of more than 100 votes each. Southwestern precinct 1-B also topped the 100 vote barrier.

Having approved this operating levy, will voters again be charitable in the not-so-distant future when the school system asks for more money to complete their on-going construction projects? Based on the results from this election, it would a shocker if they were not, though a wildcard could be the thousands of apathetic voters who sat this election out.

At face value, the race between Councilperson Thomas Bullock (Ward 2) and Councilperson Nickie Antonio (At-Large) in the Democratic primary for the Ohio House of Representatives (District 13) seemed like a big time mismatch between one candidate who is better-known and well-financed and another candidate who is much lesser-known and far less well-financed.

Even though Antonio beat Bullock 4,257 (54%) to 3,624 (46%) and will be unopposed in the general election thereby guaranteeing her ascension to the Statehouse in Columbus,  the fact that Bullock earned as many votes as he did begs the question, where the heck did those votes come from?

Here's a map depicting the Lakewood ward precincts Antonio and Bullock won in the May 2010 primary election. Click on the image for a larger view.

Antonio, the second term councilperson and leading vote-getter in the November 2009 race among a field of six, captured 36 of the city’s 41 precincts. She got a big boost from the northern precincts, especially the Gold Coast. She also received very solid support from Precinct 3-F which is bordered by Franklin and Detroit on the south and north and Robinwood and Clarence on the west and east.

Bullock, the first term councilperson who squeaked into office by fewer than a hundred votes in a close 2007 election,  captured just one precinct in each ward, with the exception of Ward 1 where he narrowly won two precincts. He showed best in precinct 2-E, which is bordered by Detroit to the north, Madison to the south, Woodward to the west, and Westwood to the east.

Here's a map depicting the Cleveland ward precincts Antonio and Bullock won in the May 2010 primary election. Click on the image for a larger view.

It’s hard to believe, but the majority of Cleveland precincts east of West 117th in State District 13 are part of Tom Bullock country. True, Antonio captured some northern and coastal precincts,  but Bullock owned just about everything else.  Who would have guessed Nickie Antonio’s magic doesn’t extend much past West 117th? Nothing is certain in politics, but maybe there’s a brighter future for Bullock in Cleveland, rather than Lakewood.

Brother, can you spare a dime — or $24,800?

And as an amusing aside, campaign finance reports show Antonio spent a total of about $51,094 on her campaign. Bullock spent around $48,721 – including a $24,800 loan he made to his own campaign.

It’s a bit crazy to see how much money was dropped on these political efforts when only 9,784 people turned-out, more than 1,000 of whom didn’t even vote for either candidate.

One more note of curiosity

The board of elections didn’t have detailed voter records available for the May 2010 primary, but relying on data complied just after the next most recent election, here’s a break-down of the top 20 years of birth for Lakewood voters who participated in the November 2009 general election. People born in the 1950s are very active. Residents born in the 1970s, by comparison, are virtually invisible.