City Council

Council Minutes February 26, 2024 CITY HALL COUNCIL CHAMBERS The Council of the City of Shaker Heights met in a regular session at 7:01 p.m., Mayor David E. Weiss presiding. Council Members Present: Mr. Claytor Mr. Malone Mrs. Moore Mr. Roeder (arrived at 7:05 p.m.) Ms. Anne Williams (via Zoom) Ms. Carmella Williams Ms. Bixenstine Council Members Absent: None * * * * Video of this meeting may be found here through February 26, 2027. * * * * It was moved by Mrs. Moore, and seconded by Ms. Carmella Williams, that the minutes of the organizational meeting of January 2, 2024, be approved as recorded. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Abstain: Mr. Claytor Nays: None Motion Carried * * * * It was moved by Ms. Carmella Williams, and seconded by Ms. Bixenstine, that the minutes of the special meeting of January 8, 2024, be approved as recorded.  Roll Call: Ayes: Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Abstain: Mr. Claytor Nays: None Motion Carried * * * * It was moved by Mrs. Moore, and seconded by Ms. Carmella Williams, that the minutes of the special meeting of January 16, 2024, be approved as recorded. Roll Call: Ayes: Mr. Claytor, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried * * * * It was moved by Ms. Carmella Williams, and seconded by Ms. Bixenstine, that the minutes of the regular meeting of January 22, 2024, be approved as recorded. Roll Call: Ayes: Mr. Claytor, Mr. Malone, Mrs. Moore, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried * * * * The Mayor asked the Clerk of Council to read into the record public comments received by email or phone on any of the agenda items. Clerk of Council Pro Tem Mr. Gruber stated that no comments were received on agenda items by email or phone. The Mayor invited members of the audience and those participating via Zoom the opportunity to “raise their hand” to provide public comment. No comments were offered. Council Meeting February 26, 2024 Page 55  * * * * Ordinance No. 24-15, by Mrs. Moore, authorizing expenditures from the Local Law Enforcement Trust Fund (Fund No. 701) and the Federal Law Enforcement Trust Fund (Fund No. 702) pursuant to the City’s procurement requirements under the City’s Charter and Ordinances, and to comply with Ohio Revised Code Section 2981.13. Police Chief Wayne Hudson stated that after researching ways for improvement in the Shaker Heights Police Department (SHPD) he became aware of unused funds within the budgeted Federal and Local Law Enforcement Trust Fund. This item requests various SHPD improvements along with use of some of the funds for community engagement and outreach. This item is requested with a suspension of the rules. Director Gruber stated that a new section to the proposed ordinance was added after it was posted to the agenda which states that prior to the initial deployment of any drone by the SHPD a drone use policy shall be finalized by the City, only after such policy is submitted to Council for review and discussion. Chief Hudson stated that he is aware that the use of drones is controversial but the deployment of drones is very useful in certain situations. There will be a policy in place that will meet a national standard. If we deploy a drone we will be in violation of our national accreditation standard, so there will be a robust policy in place before any drones are deployed. Council member Ms. Anne Williams stated that this item was reviewed and unanimously supported by the Safety and Public Works Committee. Council member Mrs. Moore stated that this item was reviewed and unanimously approved by the Finance Committee. There was an issue raised again about the controversial application of a drone in terms of usage with a request for City Council to have a discussion of the usage. The proposed policy coming to Council for discussion is a response to that request. In response to a question from Council member Mr. Malone about the appropriation of funds, Director Gruber stated that the money has already been appropriated from the Federal and Local Trust Funds. There is a law in the State of Ohio regarding the Local Trust Funds that we need legislative authority for going outside the bounds of the limited uses for the Local Funds, but not a clear rule for the Federal Trust Funds. For the most part the uses proposed by the SHPD fit exactly into the federal and local guidelines. We felt we should come to Council with an overarching approval for the use of the funds. The actual expenditures will be governed by our rules on procurement. The distinction is for drones because it has a unique interest by Council, the SHPD, and the Administration. That policy will come to Council for review and discussion before anything is finalized or drones are used. Council member Mr. Malone asked if the ordinance may be further amended to require Council approval of the policy. Director Gruber stated that Council may do as they wish, but there are hundreds of policies and General Orders in the SHPD none of which come to Council for discussion let alone approval. We also have rules and regulations which may have been reviewed and discussed by Council, but he is not aware of any requiring Council approval. If there is anything in a policy brought to Council that Council wants better Council Meeting February 26, 2024 Page 56 explained he believes the Administration would make that part of the policy so that Council would be essentially approving it. Council member Mr. Malone stated that he is thinking about their authority and ability to exercise guardrails and that it would be limited to authorizing the expenditure tonight because Council does not necessarily get to vote on Administrative policies. Chief Hudson stated that the International Association of Chiefs of Police (IACP) is a widely known professional body. They put out different professional policies and procedures vetted through attorneys all across the United States. He has directed the Police Commanders to contact the IACP for their policy as well as policies that have been vetted and approved by CALEA. He will combine the best practices in those policies and draft a policy for the SHPD. Council member Mr. Malone thinks that is an excellent idea, but wants Council to approve the policy in some fashion. However, it sounds like that would require legislation and he does not want to make it more complicated than it needs to be. He then asked if the drones could be used by the Fire Department. Chief Hudson responded yes as well as the Building and Housing Inspection Department. If they can’t see the back of a building a drone could be deployed. If Fire has a need it could be used. There was a situation where they could have used a drone in a home before law enforcement entered so they could enter a safe environment. Director Gruber stated those are all potential theoretical uses. We also have policies and laws that guide us on when we can do that without a warrant and when we need a warrant. We would need a warrant for a drone the same as we would for a person. We will be looking at laws and best practices around the country to preserve civil liberties and individual privacy rights. Council member Mr. Malone stated that if there was a policy implemented by the Administration that Council was deeply opposed to they could always initiate legislation to redirect the policy along those lines. Council member Ms. Bixenstine asked if it is anticipated that the policy will go to Council committees before Council itself. There are many positive uses for the SHPD as well as other City departments for the drones but she is concerned about balancing that with individual privacy rights. It seems there are a wide array of policies with some pushing the envelope on what police can do so this is complicated. Once the Chief puts together a policy based on CALEA it will be useful to have a healthy debate about the draft policy. Chief Hudson agreed there are different policies across the United States which is why he refers to the IACP which is the gold standard when it comes to model policies. Mayor Weiss stated that it makes good sense to go through the committee structure the same as we do on anything else that is complicated which may have reasonable differences of opinions. It also provides an opportunity for residents to participate in that discussion. Council member Ms. Bixenstine stated that it may be a good topic for the Listening Project. Council Meeting February 26, 2024 Page 57 Council member Mrs. Moore stated that we are entering a new age in Shaker Heights as well as in the nation trying to evaluate what the rights of police are vis-a-vis the rights of citizens. We are working very hard in our community to try to put in place practices and policies that are fully consistent with community policing models. She commended Chief Hudson for his openness to this kind of discussion because in the past for many decades we have allowed the police to have domain over their own Administrative internal policies. About ten or twelve years ago we changed the structure of government to make the Mayor the Safety Director as an authority over the Chief of Police. As these structures of government change, our openness as a community to educate the members of our community about something as controversial as drones and other privacy issues, it is an opportunity to close the circle on that trust for police. If we look at it as an opportunity it will be the best way to approach the discussion. The Advisory Committee as part of our community policing initiative as well as the Listening Project are ideal opportunities to do this not just in the Council committees. Chief Hudson stated that the way we are policing now is different than ten or fifteen years ago. Gone are the days where law enforcement leaders can tell the community what they are going to do when it comes to policing. You have to involve the community. He welcomes the scrutiny of the Advisory Committee and Listening Project. He believes he has a good grasp on what they will say and he can’t wait for those outside the community to hear about the things that the SHPD is doing. Council member Mr. Claytor stated that he has security concerns with regard to drones and the pole camera. He will not be able to support this and would encourage Council to look at a policy before appropriating funds and drone usage. He understands there are situations where they could increase safety but there are a lot of security concerns he would want teased out before continuing the discussion. Council member Ms. Carmella Williams thanked Chief Hudson and his staff for identifying the untapped funds and finding uses for them. In response to a question she asked on whether the per month cost would be increased with the increased use if the drones are used by other City departments, Chief Hudson explained it is a set fee. She stated that those following this issue should know Council supports the use of these funds and that there are some concerns about the use of drones in the community. She has had several conversations with neighbors about various topics and they don’t always agree. What is important is that policing has changed and we all recognize that. Policing is better and the community is better when there is a team effort involved, with discussion and exchange of ideas. She appreciates Chief Hudson being willing to have those conversations and take input and feedback. Some of the conversations she has had have been around incidents in the news where there is a police chase and severe injury or death to an innocent bystander. Their debate usually ends with someone saying they don’t want ANY police chases. She then asks how they would feel if there was a child that was taken. She would personally be willing to jump in a car and chase after that child herself. While acknowledging the difficulty that the police are in between a rock and a hard place, she is encouraged when there are additional tools that potentially could help address a need or an issue and do things safer. She also acknowledges that people make wonderful tools and technology, but we know that humans sometimes don’t behave as we should. She appreciates the conversation and she is comfortable with supporting this measure because it will include the additional piece that is necessary. She hopes people take three things away from this discussion. Council and the Administration support the SHPD. They know the importance of the work they do and the challenges they face. Policing is an ever evolving landscape. They acknowledge the need to continue to build and strengthen the relationship between members of the community and the police. The fact that they want to have a policy concerning the use of drones represents both support of the men and women of the SHPD and at the same time acknowledges the concerns of residents about the use of those drones. She agrees with her colleagues on taking advantage of the opportunity to have this Council Meeting February 26, 2024 Page 58 discussion in a more robust way with the Community Advisory Group as well as the Listening Project. She encouraged those listening to tune into whatever way possible to share their thoughts. It was moved by Mrs. Moore, and seconded by Ms. Carmella Williams, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-15 be placed upon its final enactment. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: Mr. Claytor Motion Carried Moved by Mrs. Moore, and seconded by Ms. Carmella Williams, that Ordinance No. 24-15 be enacted as amended. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: Mr. Claytor Ordinance Enacted * * * * Ordinance No. 24-16, by Mr. Claytor, authorizing a personal services contract with MetroHealth System -Recovery Resources in the amount of $1,057,946 to establish and operate the Crisis Assistance and Local Linkage (CALL) Program in the cities of Shaker Heights, Cleveland Heights, University Heights, Richmond Heights and South Euclid for the period of March 1, 2024 through May 31, 2026, and an agreement between the five communities to implement the Program. Law Director William Ondrey Gruber stated that this item includes a minor change to correct an error, with no substantive change to the ordinance. Mental Health Response Program Clinician Annette Amistadi stated that this program provides an alternative to a police response from those suffering from mental health or a related crisis in Shaker Heights. In 2022, the City started the pilot Mental Health Response Program (MHRP) partnering with MetroHealth Recovery Resources. The MHRP responds simultaneously with, but separately from, first responders when responding to eligible crisis calls. The MHRP has successfully responded to 645 referrals and completed 730 post crisis follow-ups in 2023. In March 2023, in response to the success of the MHRP the surrounding cities expressed an interest in the program. With support from University Heights, Cleveland Heights, Richmond Heights, South Euclid and the joint Chagrin Valley Dispatch (CVD) center, Shaker Heights began looking for additional funding to expand the MHRP. To date we have received approximately $400,000 from the Department of Justice COPS Office, implementing crisis intervention Council Meeting February 26, 2024 Page 59 teams’ community police development grant. A grant application to the Office of Criminal Justice Services State Crisis Intervention Program has been approved by the state for approximately $125,000. We are currently awaiting final approval from the Bureau of Justice Assistance. A grant application to the Alcohol Drug Addiction and Mental Health Board of Cuyahoga County (ADAMHS) has been submitted for approximately $523,000. The grant application was approved by their Finance and Oversight Committee on February 21 and is going before their general board meeting on February 28. The communities involved will contribute approximately $123,000. Allocation of those costs have not yet been determined. Conversations with the County Executive’s Office and local foundations are occurring to cover the remaining $388,000. Once in the surrounding communities the MHRP will be renamed. It is now being called the Crisis Assistance and Local Linkage (CALL) Program. By authorizing the personal services contract with MetroHealth Recovery Resources it will staff the CALL program with four licensed mental health professionals, three peer support specialists, and a supervisor. The CALL team will deploy three teams comprised of the mental health professionals and the peer support specialists into the five communities while also placing a licensed mental health professional in CVD. The CALL program will respond to eligible crisis calls and provide post crisis follow-up just as the MHRP has done in Shaker Heights. This request is to enter a contract with MetroHealth Recovery Resources to establish and operate the CALL program in the cities of Shaker Heights, Cleveland Heights, University Heights, Richmond Heights, and South Euclid from March 1, 2024 through May 31, 2026, as well as an agreement between the five cities to implement the program. This item is being requested with a suspension of the rules so staff may begin the hiring process and meet the projected start date of June 1, 2024. Council member Ms. Anne Williams stated that this item was reviewed and unanimously recommended by the Safety and Public Works Committee. There was a robust discussion with the questions as noted in the memo distributed for this item. Council member Mrs. Moore stated that this item was reviewed and unanimously supported by the Finance Committee. Council member Mr. Claytor asked about the number of calls the other cities in the CVD zone are receiving that require the services of a mental health specialist. He also asked about staffing hours. Ms. Amistadi stated that the exact number is not known. They are hoping that growing the program will allow staff to better code calls and that will help them get an accurate number to proceed forward. MHRP staff will not have staggered hours like police shifts at this time. The goal is to be able to expand the program to have more hours that mental health staff are available in the city. They will continue to maintain the virtual on the scene response. Director Gruber added that not only does the MHRP provide real time response, but they do a lot of follow-up for calls that happen outside of their work hours. Council member Mr. Malone stated that this continues to be one of the best programs started in the City. He asked about any drop off in service with having four cities with three teams. He asked if there would be zones and overlap with the cities so that everything is divided equally. He also asked about the goal of having someone staffed at the CVD center to be more efficient in deploying resources. Ms. Amistadi stated that the teams will be dispersed between the cities. Ideally they are grouped by population size. Shaker Heights may be with the University Heights team. There is flexibility with the one in Cleveland Heights to come in if other calls occur. They are setting up zones knowing they will need Council Meeting February 26, 2024 Page 60 flexibility inside of that. In having someone at the CVD, they are hoping to assist in the de-escalation process to find out what needs are so they can dispatch the correct team, whether it be mental health, police, fire, or possibly avoid dispatch altogether and assess needs on the phone. Council member Mr. Roeder stated that this is terrific and thanked staff. It is exciting to see this program expand beyond Shaker Heights. Council member Mrs. Moore stated that there is still a remaining program need of $388,903. Recovery Resources will staff eventually all the positions, but it will be phased in as is reasonably expected. We won’t see an instant realization of the full teams in place. There will not be a diminishing of Ms. Amistadi’s services until there are additional staff at which time she will become the supervisor of the expanded program. Mayor Weiss stated that it his sincere hope to have the financial gap finalized before the program rolls out. Council member Ms. Bixenstine thanked staff for their outstanding work for making this a success enabling us to expand the program. Director Gruber reiterated that the name of the program is a placeholder and that the county and other cities have not yet agreed to it. The CALL program may not be the final name. Council member Mr. Claytor asked if there is concern about dispatching mental health staff and time differences with law enforcement arrival on the scene. Ms. Amistadi stated that part of this program is to continue education through officers so they can provide immediate de-escalation for safety concerns. Ideally, a mental health team shouldn’t be entering a scene if it is an active site with safety concerns. Law enforcement getting there first allows them to address any safety concerns by the time the mental health staff arrive. They will be able to inform people that the mental health team is on the way and/or provide de-escalation. Mayor Weiss stated that the other cities in addition to Shaker Heights have recognized that we don’t have exact numbers or exact answers, but everyone understands that it will take a while before we can settle into a rhythm and refine the staffing and finance piece. All four other cities are very excited about the program. It was moved by Mr. Claytor, and seconded by Mr. Roeder, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-16 be placed upon its final enactment. Roll Call: Ayes: Mr. Claytor, Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Council Meeting February 26, 2024 Page 61 Moved by Mr. Claytor, and seconded by Mr. Roeder, that Ordinance No. 24-16 be enacted as amended. Roll Call: Ayes: Mr. Claytor, Mr. Malone, Mrs. Moore, Mr. .Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 24-17, by Ms. Carmella Williams, accepting a proposal and authorizing a personal, professional consultant contract with Strategy Matters, in the total not to exceed amount of $50,000, for the Listening Project, and declaring an emergency. Chief DEI Officer Colleen Jackson stated that in August 2023 the City entered into an agreement on a Framework for a Safe and Just Shaker with several components, one of which was the Listening Project designed to be a community-wide effort to listen to residents and encourage them to talk to the City about a number of things including police policies and practices, real or perceived bias in policing, the Mental Health Response Program, and the public records repository. The City received seven proposals from consultants, formed a selection committee who chose three finalists, and ultimately selected Strategy Matters. Their experience and expertise in community engagement and public safety consulting we felt best met our requirements. They understood how this would be a value added to our community. The proposed fee is a not to exceed amount of $50,000 which is in the 2024 budget. This item is requested as an emergency with a suspension of the rules so the project may begin March 2024 with a summer engagement launch. Council member Ms. Carmella Williams stated that this item was reviewed and unanimously supported by the Diversity, Equity and Inclusion Committee. Council member Mrs. Nancy Moore stated that this item was reviewed and unanimously approved by the Finance Committee. It was moved by Ms. Carmella Williams, and seconded by Ms. Bixenstine, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-17 be placed upon its final enactment. Roll Call: Ayes: Mr. Claytor, Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Council Meeting February 26, 2024 Page 62 Moved by Ms. Carmella Williams, and seconded by Ms. Bixenstine, that Ordinance No. 24-17 be enacted as read. Roll Call: Ayes: Mr. Claytor, Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 24-18, by Mrs. Moore, approving and authorizing execution of a Purchase Agreement under the City’s Side Lot Program, for the sale of the City-owned property located at 3706 Chelton Road to Kayla Berkey and Sena LeDonne, the owners of the property at 3702 Chelton Road, for $1.00, authorizing the disposition of City-owned property without competitive bidding, and declaring an emergency. Neighborhood Housing Specialist Brendan Zak stated that this item is for purchase of the City-owned property at 3706 Chelton Road as a side yard. The City acquired the parcel in October 2011 and demolished the house in the same year. The applicants meet the qualifications for the side lot program: live in their property which is not in foreclosure, current on property taxes, no outstanding Building and Housing Code violations, and as part of this program the applicant’s property will be permanently consolidated with the vacant lot. The applicant’s proposal is consistent with the City and neighborhood goal of expanding the size of lots in the neighborhood. The City has no redevelopment plans for the vacant lot and the agreement will specify that any trees will have to stay unless there is a documented disease or other natural event. This item is being requested as an emergency with a suspension of the rules in order to expedite the sale of the City-owned property to reduce the use of City resources to maintain the lot. Council member Mr. Claytor stated that this item was reviewed and approved by the Neighborhood and Economic Development Committee. One of the citizen members is a neighbor and very excited to see this come before the committee. Council member Mrs. Moore stated that this item was reviewed and unanimously approved by the Finance Committee. It was moved by Mrs. Moore, and seconded by Mr. Claytor, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-18 be placed upon its final enactment. Roll Call: Ayes: Mr. Claytor, Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Council Meeting February 26, 2024 Page 63 Moved by Mrs. Moore, and seconded by Mr. Claytor, that Ordinance No. 24-18 be enacted as read. Roll Call: Ayes: Mr. Claytor, Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Council member Mrs. Moore congratulated the Finance Department and Finance Director John Potts for receiving the Government Finance Officers Association Certificate of Achievement for Excellence for 17 straight years. It is the highest award that any government or municipal finance department may receive in the state. Ordinance No. 24-19, by Mr. Claytor, accepting a proposal and authorizing a personal services contract with Tyler Technologies, Inc., MUNIS Division, in the total amount of $382,057 for the period February 11, 2024 through February 10, 2027, for an annual license and support agreement for the City’s financial system, and declaring an emergency. Law Director William Ondrey Gruber stated on behalf of Finance Director John Potts that MUNIS is the financial software system used for all of the City purchases and payroll. It is necessary to continue with the same company that provides the proprietary software to support MUNIS from Tyler Technologies which is a sole source provider. This item requests a three-year license and support agreement to manage our financial enterprise for ongoing use and related support. The amount for 2024 is $121,322. We agreed to 5% increases per year in the amount of $127,253 for 2025 and in the amount of $133,482 for 2026. This item is requested as an emergency with a suspension of the rules so we can continue services with the use of this software. Council member Mrs. Moore stated that this item was reviewed and unanimously approved by the Finance Committee. It was moved by Mr. Claytor, and seconded by Mrs. Moore, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-19 be placed upon its final enactment. Roll Call: Ayes: Mr. Claytor, Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Council Meeting February 26, 2024 Page 64 Moved by Mr. Claytor, and seconded by Mrs. Moore, that Ordinance No. 24-19 be enacted as read. Roll Call: Ayes: Mr. Claytor, Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 24-20, by Mrs. Moore, accepting a proposal and authorizing an engagement letter for personal professional auditing services for the City of Shaker Heights for the fiscal years beginning January 1, 2023 through December 31, 2027, in the total amount of $211,575 with the Auditor of State of Ohio and REA & Associates, and declaring an emergency. Law Director William Ondrey Gruber stated on behalf of Finance Director John Potts that the Auditor of State has done our annual comprehensive financial report and a separate audit for our transfer station for a number of years, while allowing the City to periodically switch to a private accounting firm. The Auditor of State provided our 2022 audit, which was done in 2023 and at the completion they elected to allow the City to choose a private firm for the next five years. The Auditor of State performs the request for proposals (RFP) with input from our Finance Department. REA & Associates were chosen to perform the 2023 through 2027 audits for a total amount of $211,575. The cost last year was $38,000 and this year it will be $39,897 so there is a slight increase each year. This item is requested as an emergency with a suspension of the rules so we can finalize the engagement and the audit may begin. Council member Mrs. Moore stated that this item was reviewed and unanimously approved by the Finance Committee. The state mandates the audit and it has been conducted extensively by REA & Associates. Periodically the Auditor of State performs the audit, but they awarded the audit to REA & Associates for the next five years. It was moved by Mrs. Moore, and seconded by Mx. Bixenstine, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-20 be placed upon its final enactment. Roll Call: Ayes: Mr. Claytor, Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Council Meeting February 26, 2024 Page 65 Moved by Mrs. Moore, and seconded by Ms. Bixenstine, that Ordinance No. 24-20 be enacted as read. Roll Call: Ayes: Mr. Claytor, Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * Ordinance No. 24-21, by Mrs. Moore, authorizing the execution of Then and Now Certificates by the Director of Finance and the payment of amounts due for various purchase orders, and declaring an emergency. Law Director William Ondrey Gruber stated on behalf of Finance Director John Potts that when an obligation is incurred that is over $3,000 state law requires that if the invoice comes through before we have a requisition presented and approved it requires a Then and Now Certificate. This item was due to the MUNIS end of year closing. This item is requested as an emergency with a suspension of the rules. Council member Mrs. Moore stated that this item was reviewed and approved by the Finance Committee. It was moved by Mrs. Moore, and seconded by Mr. Claytor, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-21 be placed upon its final enactment. Roll Call: Ayes: Mr. Claytor, Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Mr. Claytor, that Ordinance No. 24-21 be enacted as read. Roll Call: Ayes: Mr. Claytor, Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Nays: None Ordinance Enacted * * * * The Mayor asked the Clerk of Council to read into the record public comments received by email or phone on other items. Council Meeting February 26, 2024 Page 66 Clerk of Council Pro Tem Mr. Gruber stated that no comments were received on other items by email or phone. The Mayor invited members of the audience and those participating via Zoom the opportunity to “raise their hand” to provide public comment. Richard Margolius of 2646 Wicklow stated that he would like to talk about petitioning the government for redress of grievances, a protected right enumerated in the First Amendment of the United States Constitution, specifically collecting signatures on a petition on public sidewalks and public streets in the Van Aken district. He was told by Van Aken district management on December 8, 2023 that he was not allowed to collect signatures on the Citizens Not Politicians (CNP) petition on the public sidewalks in front of the Market Hall. Their management threatened to have him banned from the property if he did not leave. The Law Director confirmed that Tuttle, Meade and Walker streets and the sidewalks adjacent to those streets are owned by the City. When he was told on December 8 that he was not permitted to collect signatures on the public sidewalk by the management he did what he thought was the right thing, emailing his City government hoping they would contact Van Aken district and RMS and inform them that they cannot deny the public the right to petition on City-owned streets and sidewalks. The Van Aken district management believes that they own and control the streets within the Van Aken district. The Law Director suggested Mr. Margolius contact RMS. He did. He also emailed the Mayor and Council more than once asking for them to support a citizen’s right. It has now been over two months and nothing has changed. For the most part he has been patient. Some may disagree with that. He has heard there may be a free speech table inside Market Hall, that is good to hear if that happens, but it doesn’t change anything on the right to petition on City streets and sidewalks. Remaining silent on his First Amendment right essentially means that the City is complicit with the Van Aken district and RMS in ignoring Supreme Court precedent in denying his rights. He is asking both the legislative and executive branches of Shaker Heights City government present now in Council Chambers to affirm the right to petition the government on City streets and sidewalks regardless of where they are located. It is a First Amendment right of the United States Constitution. Mayor Weiss stated that he is well aware of Mr. Margolius’ concerns and there have been conversations to try to find a way to resolve them. Mr. Margolius stated that he will return to Van Aken district to collect signatures so the City will have to work with the Shaker Heights Police Department on the next steps, whether citing him for trespassing or arresting him for disorderly conduct, but he will be there exercising his First Amendment right. * * * * There being no further business before Council, the Mayor adjourned the meeting at 8:14 p.m. _________________________________________ DAVID E. WEISS, Mayor _________________________________________ WILLIAM ONDREY GRUBER, Clerk of Council Pro Tem Council Meeting February 26, 2024 Page 67