Shopping Carts, Mike Summers, and the Lakewood Hospital

[marklingm]

A shopping cart at Belle and Leonard on the morning of August 23, 2015.


Historical Background:

Legislation was sponsored to end the shopping cart plague that was spreading throughout Lakewood over a decade ago. For an example of this discussion, please see the "Shopping Cart Plague" thread at http://lakewoodobserver.com/forum/viewtopic.php?f=7&t=3284.

A great shopping cart political debate then took place. For an example of this discussion, please see the "Shopping Cart Politics" thread at http://lakewoodobserver.com/forum/viewtopic.php?f=7&t=2776.

Ultimately, shopping cart legislation was enacted to clean the streets, yards, and parks of shopping carts.

The George and Fitz! Administrations:

Under the leadership of Mayors George and Fitz!, the shopping cart laws were enforced and we enjoyed streets, yards, and parks free of shopping carts.

Then came Mike Summers ...

The Summers Administration:

Under the Summers Administration, the shopping cart plague returned to Lakewood.

Shopping cart laws are no longer being enforced.

Shopping carts now litter our streets, yards, and parks.



August 14, 2015


So What?

I can hear the criticism from Team Summers and Build Lakewood now.

Are you really complaining about silly shopping carts?

Team Summers and Build Lakewood will ask, "So what?"

Well, here is one "so what" answer:

Team Summers and Build Lakewood want us to trust them as they kill the Lakewood Hospital for the "Michael P. Summers Recreation Center and Natatorium" ... err ... a wellness center ... err ... an Ohio Revised Code defined "hospital" ... err ... converting 6 acres of very valuable land for commercial and economic development sans a hospital ... and yet Mike Summers can't even enforce simple shopping cart laws.

Mike Summers can't even enforce simple shopping cart laws.

By the way, these are the same shopping cart laws that were enforced under the George and Fitz! Administrations.

So, when you pass the various shopping carts scattered throughout Lakewood on this beautiful Sunday, consider asking yourself the following question:

"If we can't trust Mike Summers to enforce our simple shopping cart laws, why should we trust Mike Summers with the fate of our Lakewood Hospital?"

As an aside, there are countless reasons we should not trust Mike Summers and his gang with the fate of our Lakewood Hospital.

[cameron karslake]

What's up with the hoarding of shopping carts on Lincoln? Is Plantation Home planning a huge sale or going to convert itself into a big box store?

[Jim O'Bryan]

I am laughing my ass off, you certainly know how to get attention!

When this "Shopping Cart" topic first popped up, Tom George was Mayor,
Ryan Patrick Demro was the hungry "politician" Tom Bullock merely existed
as a thorn in the side of elected officials, and Matt Markling was not a member.

At that time, I had written about laws just for the sake of legislation, Bullock
looking forward to it being struck down before the third reading, and everyone
bitching about me being too hard on Demro, and just how out of control Carts were.

For years, just to spite Demro, Mayor George and Mayor FitzGerald would ticket
and keep the streets clear of carts. Then as Ed started focusing on larger items
and his political future, he stopped enforcing it. And for years before Mike became
Mayor, Markling would post pictures of carts around town.

But no, this is all about the election?

People break me up.

.

[marklingm]

Jim,

Just so we are all on the same page, the law that Mayor Mike Summers is ignoring reads as follows in the Codified Ordinances of the City of Lakewood, Ohio:

521.17 SHOPPING CART LITTER.

(a) Definitions.

(1) “Shopping cart ” means a basket of metal, wood, wire, or other material mounted on wheels or a device similar thereto, such as are generally provided by merchants for carting or carrying merchandise of any nature within the merchant’s building that may be used to carry merchandise to customers’ automobiles.

(2) “Public place” includes the following: a street, sidewalk, avenue, road, alley, lane, highway, tree lawn, curb lane and any other public property or right of way located within the City.

(b) Every person, who by reason of their business establishment and procedure, makes shopping carts available to any member of the public, any customer or any other person, shall conspicuously identify such shopping carts with an identification clearly indicating the name of the person or establishment and location of the same.

(c) It shall be unlawful for any person to take or remove, without intent to return, any shopping cart from the premises, property, or adjacent parking lot of its owner without having first obtained the written consent of said owner or said owner’s authorized agent.

(d) The Department of Public Works shall remove any shopping cart found in any public place, storing the same within the City in a place of safekeeping until it shall be redeemed, sold, or otherwise disposed of as hereinafter provided.

(e) Whenever the City shall have removed any shopping cart bearing identification of ownership, the Department of Public Works shall mail a notice to the owner at the location shown on such shopping cart . Such notice shall advise that such payment to the Director of Finance in the sum of thirty dollars ($30.00) for each cart so redeemed and shall set forth the place for redemption of such shopping cart or carts and where possession of the same may be procured. Payment for redemption shall be made to the Department of Finance and a receipt shall be given therefor, which receipt shall entitle such owner to redeem at the place of storage thereon one or more carts as provided for in the receipt upon the surrender of same at the place of storage of such shopping cart or carts . No shopping cart shall be delivered to a person seeking to redeem the same.

(Ord. 80-05. Passed 12-4-2006.)

(f) Not less than thirty days after mailing the notice provided in subsection (e) hereof, or after the removal of a cart bearing no identification of ownership, the City may donate, recycle or otherwise dispose of such carts , at the discretion of the Director of Public Works. If the carts are to be donated, donations shall only be made to nonprofit organizations that have attained Section 501(c)(3) status under the Internal Revenue Code. The Director of Public Works shall document the number of carts disposed of and the manner of disposition.

(g) Whoever violates subsection (c) hereof is guilty of a minor misdemeanor for the first occurrence of such offense. Any subsequent violation by such person shall constitute a misdemeanor of the fourth degree.

(Ord. 52-09. Passed 7-6-2009.)

http://whdrane.conwaygreene.com/NXT/gateway.dll?f=templates&fn=default.htm&vid=whdrane:OHLakewood

If the shopping cart laws are so silly, then City Hall should simply change the laws.

Matt

[Phil Florian]

So Mayor Summers is not citing anyone for shopping cart violations but what are the police doing?

[marklingm]

So Mayor Summers is not citing anyone for shopping cart violations but what are the police doing?

The buck always stops with Mike Summers.

As the Mayor, Summers is responsible for ensuring that his Administration including, but not limited to, the Department of Public Works and the Department of Finance, enforces 521.17.

As the Public Safety Director, Summers is to ensure that "all ordinances of the City are enforced."

From onelakewood.com:

Powers and duties of the mayor

The Mayor of Lakewood is the chief elected official of the City and serves as its principal representative and spokesperson. The powers of the Mayor are established by charter, specifically by Article II of the Second Amended Charter (Sec. 1-10), approved by Lakewood voters on November 7, 2000. The position of Mayor is full-time (Art.II, Sec. 9), and the salary of the Mayor is established by ordinance adopted not less than thirty days prior to the final date for the filing of nominating petitions by candidates for the office of Mayor (Art.II, Sec. 5).

In addition to serving as the chief executive officer, the Mayor also serves as the Public Safety Director, the chief conservator of the peace within the City. Article II, Section 6, which enumerates the “General Powers and Duties of Mayor,” establishes that the Mayor supervises the administration of the affairs of the City and sees that all ordinances of the City are enforced. The Mayor may recommend that City Council adopt “such measures as the Mayor may deem necessary or expedient,” and the Mayor is entitled to introduce ordinances and resolutions and take part in the discussion of all matters that come before City Council (Art.II, Sec. 10). Performance of the Mayor’s powers and duties are conferred or required by the Second Amended Charter, by ordinance or resolution of Council, or by general law.

SELECTED SECTIONS, SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD (ADOPTED NOVEMBER 7, 2000)

ARTICLE II. THE EXECUTIVE SECTION 1. EXECUTIVE AND ADMINISTRATIVE POWERS The executive and administrative powers of the City shall be vested in the Mayor, directors of departments, and other administrative officers provided for in this Charter or by ordinance.

SECTION 2. RESIDENCY, TERM AND QUALIFICATIONS OF MAYOR The Mayor shall be elected for a term of four (4) years, commencing on the first day of January next following his or her election, shall have been for at least one (1) year immediately prior to the date of taking office both a resident of the City and a qualified elector of the City, and shall continue as both a resident and qualified elector of the City during his or her term of office.

SECTION 3. MAYOR EX-OFFICIO DIRECTOR The Mayor, subject to the provisions of this Charter, shall be ex officio the Director of Public Safety and, as such and to that extent, shall exercise all powers and perform all duties delegated to and conferred upon the Director of Public Safety by this Charter, by ordinance, and by general law.

SECTION 4. MAYOR’S APPOINTMENT POWER The Mayor shall appoint, with approval of Council, and may remove, if and when the office is created, the Director of Public Safety, and shall appoint and may remove the Director of Public Works, the Director of Law, the Director of Finance, the Director of Planning and Development, the Director of Human Services and the Health Commissioner. The Mayor shall make all other appointments under the provisions of this Charter not herein otherwise provided for by general law or ordinance; such appointees shall serve until removed by the Mayor or until their respective successors are appointed and qualified.

http://www.onelakewood.com/findget/mayor-of-lakewood/

[Phil Florian]

Okay, he is the Mayor and responsible for everything. I get that. But in practice, like most high level administrators the Mayor likely delegates the responsibilities of enforcing laws to his Chief of Police and how people are actually sentenced for committing these crimes falls to Judge Carol. Have they commented on this change in law enforcement strategy or lack thereof? This could be an interesting story for the Observer to research. Has anyone done these interviews or are they planning to do so?

[Lori Allen _]

Mr. Marking brought up a very valid point back in August 2015. The shopping cart plague has indeed returned to Lakewood since Mayor/Public Safety Director Michael P. Summers assumed office.

I have counted about seven shopping carts littering our streets just in the past 48 hours. One in front of PNC Bank, one on the sidewalk by the Curtis Block Building, another by Travelodge, one by Huntington Bank, one on a Garfield Ave. tree lawn, and...well...you get the point.

14503 Garfield cart.jpg (92.14 KiB) Viewed 2855 times

PNC Bank cart.jpg (41.75 KiB) Viewed 2855 times

Travelodge Cart.jpg (25.39 KiB) Viewed 2855 times

Mayor/Public Safety Director Michael P. Summers and his administration need to be held accountable to enforce their own laws. If you see a shopping cart in a public space, note the location and make calls to these entities:

Lakewood Department of Public Works: 216-529-6800 or e-mail pubworks@lakewoodoh.net
Lakewood Division of Parks & Public Property: 216-529-6818 or e-mail parks@lakewoodoh.net
Or use the report-a-problem web application at: http://www.onelakewood.com/report-a-problem

If the issue is not rectified in 24 or 48 business hours, contact the above entities again and then contact:

Office of Mayor/Public Safety Director Michael P. Summers: 216-529-6600 or e-mail mayor@lakewoodoh.net
The ward and/or an at-large councilperson. See contact info here: http://www.onelakewood.com/findget/lake ... y-council/

A good question is: how many of these businesses are actually being fined? For the sake of transparency, it would be even better if a member of the Michael P. Summers administration that reads the Deck daily could post the invoices for us from the past few months or so.

[Lori Allen _]

A shopping cart has been spotted on Nick's $89,000 tax-delinquent vacant lot!

Madison lot cart.jpg (55.16 KiB) Viewed 2552 times

Also on the sidewalk on Detroit near Elbur:

Vestige 13613 Detroit.jpg (106.79 KiB) Viewed 2552 times

According to LCO 521.17 (e):

Whenever the City shall have removed any shopping cart bearing identification of ownership, the Department of Public Works shall mail a notice to the owner at the location shown on such shopping cart . Such notice shall advise that such payment to the Director of Finance in the sum of thirty dollars ($30.00) for each cart so redeemed and shall set forth the place for redemption of such shopping cart or carts and where possession of the same may be procured. Payment for redemption shall be made to the Department of Finance and a receipt shall be given therefor, which receipt shall entitle such owner to redeem at the place of storage thereon one or more carts as provided for in the receipt upon the surrender of same at the place of storage of such shopping cart or carts. No shopping cart shall be delivered to a person seeking to redeem the same.

However, public records indicate that the Summers administration is not sending any notices and is not fining the owners of abandoned shopping carts, as is THE LAW. Summers seems to go out of his way NOT to enforce laws. I have never seen a sitting mayor not wanting laws enforced.

The question is:

1. Is Summers incompetent?
2. Is Summers deliberately not enforcing laws for who knows what reason?
3. Both?

[todd vainisi]

I wonder how many hours the city can really afford to pay someone to work each week or month on the shopping cart problem. Maybe they should work with the stores directly and have people report the carts to the store they came from. Then, the store can bear the cost (surely more than $30 by the time each city employee has spent time on it) of retrieval instead of the city.

In fact, this seems so obvious that I'd be surprised if there isn't an agreement of this sort already in place, or company policy at Giant Eagle or Marcs or whichever retailers have carts.

[Lori Allen _]

Todd,

Cart retrieval is usually done by the Division of Parks, I believe. I don't know for sure, but I think if enforcement efforts were really kicked up, the city could actually make some profit. Any city employee could call in abandoned shopping carts on the radio. Then, someone could go collect it when they have time and room in their truck. You don't have to look hard for the carts. Most of them are along Detroit and Madison, a route frequently traveled by city employees daily.

If enforcement efforts were really kicked up, the city could probably easily make $300 per week or more.

If the city does have an agreement with these stores, then that portion of the law should be erased. For now, I believe City Hall should enforce all laws on the books, or erase those they don't want to enforce.

Perhaps any agreements are part of the paperwork that Kevin Butler is holding hostage. Or perhaps they were shredded recently, in the bags and bags of shredded paper coming out of City Hall recently.