City Council

Council Minutes March 25, 2024 CITY HALL COUNCIL CHAMBERS The Council of the City of Shaker Heights met in a regular session at 7:00 p.m., Mayor David E. Weiss presiding. Council Members Present: Mr. Malone Mrs. Moore Mr. Roeder (Via Zoom) Ms. Anne Williams Ms. Carmella Williams Ms. Bixenstine Mr. Claytor Council Members Absent: None * * * * Video of this meeting may be found here through March 25, 2027. * * * * Mayor Weiss acknowledged graduate students from Cleveland State University present tonight along with former Mayor Earl Leiken, now a Fellow at the Cleveland State University Levin College of Urban Affairs and Public Education. * * * * Confirming the Shaker Heights Development Corporation Board appointments of Brian Gleisser, Tracey Gonzalez, Khalid Hawthorne, Sabrina Heath and Mike Hood; and the reappointments of Andrea Boyd and Tony Love. Law Director William Gruber stated that each year the Shaker Heights Development Corporation (SHDC) appoints members to its Board. There are certain members that are automatic members based on their code of regulations, there are citizen members, and members appointed by the Mayor. The Board appoints the citizen members and Council is asked to confirm them. This item requests Council confirmation of the appointments of Brian Gleisser, Tracey Gonzalez, Khalid Hawthorne, Sabrina Heath and Mike Hood; and the reappointments of Andrea Boyd and Tony Love, all with terms ending March 31, 2027. Council member Mr. Malone stated that they are still looking for Board members, particularly in the business community, so if the public is aware of individuals interested in serving to contact the SHDC Executive Director Nick Fedor. It was moved by Mr. Claytor, and seconded by Ms. Anne Williams to confirm the Shaker Heights Development Corporation Board appointments of Brian Gleisser, Tracey Gonzalez, Khalid Hawthorne, Sabrina Heath and Mike Hood; and the reappointments of Andrea Boyd and Tony Love. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Motion Carried * * * * It was moved by Ms. Anne Williams, and seconded by Mrs. Moore, that the minutes of the special meeting of February 12, 2024, be approved as recorded. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Motion Carried * * * * It was moved by Mr. Claytor, and seconded by Ms. Bixenstine, that the minutes of the regular meeting of February 26, be approved as corrected. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor 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 Ms. Chaikin 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. Council Meeting March 25, 2024 Page 72 No comments were offered. * * * * Resolution No. 24-23, by Ms. Carmella Williams, proclaiming April 2024 as Fair Housing Month in Shaker Heights, recognizing and celebrating the theme that guides our efforts -- “Fair H ousing: The ‘Act’ in Action” -- as the City reiterates its support for housing without discrimination and the maintenance of an inclusive community. Council member Ms. Carmella Williams stated that during the Civil Rights era of the 1960’s there were three key pieces of legislation that were signed: the Civil Rights Act of 1964; the Voting Rights Act of 1965; and the Fair Housing Act of 1968 signed a week after Dr. Martin Luther King, Jr. was assassinated. As we celebrate the Fair Housing Act this year, appropriately themed “The Act in Action” she asked everyone to keep in mind that a society that is integrated and inclusive is a 24/7, 365-day job for everyone wanting a society that is true to the words that we commit to paper. History reminds us that the steps we take forward are easily reversed when we assume our work is done or that we have done enough. She then read aloud the resolution proclaiming April as Fair Housing Month, acknowledging the commitment by our City that we have not only committed to paper, but that we carry out in action through our fair housing staff, Administration and Council. Law Director and Fair Housing Administrator William Gruber recognized Council member Ms. Carmella Williams as the new Chair of the Fair Housing Review Board; and members Council member Mr. Claytor, former Council member Mr. Earl Williams, Ann Millette and Sacara Miller. As part of their education efforts, on April 24 there will be a seminar for landlords and property owners on their rights and responsibilities with regard to fair housing. Council member Ms. Carmella Williams also commented about the celebration of Fair Housing Month next month with videos promoting fair housing featuring committee members. Council member Mrs. Moore asked how the landlords and other apartment building owners are made aware of these events. Director Gruber stated that the Assistant Law Director Lisa Gold-Scott manages and organizes the seminar along with speakers from outside agencies. We work closely with the Communications and Marketing Department to promote it and it will appear in the Shaker Life magazine which goes to all residents and others who receive the magazine. They will also do outreach directly to landlords through the list maintained by Building and Housing Inspection. It was moved by Ms. Carmella Williams, and seconded by Mr. Claytor, that the rule requiring ordinances to be read on three different days be suspended and Resolution No. 24-23 be placed upon its final enactment. Council Meeting March 25, 2024 Page 73  Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Motion Carried Moved by Ms. Carmella Williams, and seconded by Mr. Claytor, that Resolution No. 24-23 be enacted as read. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Resolution Adopted * * * * Ordinance No. 24-24, by Mr. Malone, administrative acceptance of the approval of the City Planning Commission and confirmation of the granting of a Conditional Use Permit to the Shaker Heights School District for two temporary classrooms to be located at the Middle School, 20600 Shaker Boulevard, pursuant to Section 1213.05 of the City’s Zoning Code. Planning Director Joyce Braverman stated that the City Planning Commission approved a conditional use permit for temporary classrooms which also require Council confirmation. It was approved for a period ending August 31, 2026 with one condition: that native trees and shrubs replace the proposed landscaping. These are proposed to be installed and located on Fayette Road behind the middle school. It will be used as temporary classroom space during the Woodbury School renovation over a period of two years. A line of trees and shrubs will soften the buildings from the Fayette Road front yard. These buildings come as close to the front yard setback as 24 feet 8 inches on Fayette Road. The variance to the 50 foot front yard setback was approved by the City Planning Commission. Since that meeting, the Shaker Heights School District did submit a revised landscape plan that shows the native trees and shrubs. This item is requested with a suspension of the rules in order for the classrooms to be put in place to support the School District schedule for relocation of students. Council member Mr. Malone stated that this item was reviewed and unanimously supported by the City Planning Commission. The resident who lives next door to the property attended the meeting and they talked about why the School District chose this particular site as opposed to others on School District property, partly due to Fire Department concerns on the interior of the property. He asked about the ownership of the triangle shaped parcel across from Fayette Road. A resident asked if it could potentially be a grow not mow site or be landscaped. We hope to use the entire area for redevelopment at some point, but it might be a candidate for a future grow not mow site. Council member Mrs. Moore stated that she has engaged with a Shaker Heights Middle School science teacher and they have planted trees there. It may indeed be able to be expanded to a new grow not mow Council Meeting March 25, 2024 Page 74 site but April 13 is the planting day so they need volunteers to plant about 200 native species on the corner of Courtland and South Park. Then they can look at other sites. Mayor Weiss asked if these are the same type of units currently being used by University School. Director Braverman responded yes. They look like the ones at University School. There are two different sets. One has six classrooms in the building and one has four. They are connected by exterior walkways with covers. Council member Mr. Malone stated that the expectation by the School District is that the project will take two years. If it does require keeping the trailers for a longer period of time they will have to come back to the City Planning Commission and Council for approval. Council member Mrs. Moore thanked the School District for their sensitivity to the plantings and what will work best. She also thanked them for being enlightened. It was moved by Mr. Malone, and seconded by Mrs. Moore, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-24 be placed upon its final enactment. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Motion Carried Moved by Mr. Malone, and seconded by Mrs. Moore, that Ordinance No. 24-24 be enacted as read. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Ordinance Enacted * * * * Ordinance No. 24-25, by Ms. Anne Williams, approving the acceptance of grant funding from the Alcohol, Drug Addiction, and Mental Health Services (ADAMHS) Board of Cuyahoga County for the Crisis Assistance and Local Linkage (CALL) Program, for the regional expansion of the City’s Mental Health Response Program (MHRP), in the amount of $523,131 for the period March 1, 2024 through May 31, 2026, and declaring an emergency. Mental Health Response Program Clinician Annette Amistadi stated that this item requests acceptance of grant funding for the expansion of the Crisis Assistance and Local Linkage (CALL) Program which will serve the City of Shaker Heights, Cleveland Heights, University Heights, Richmond Heights and Council Meeting March 25, 2024 Page 75 South Euclid. There will be three teams serving those cities with a licensed mental health professional and a peer support that will respond to eligible crisis calls that come into the dispatch center as well as having an individual inside the dispatch center to assist in de-escalation and gathering of information. The teams will also be conducting follow-up for those who have experienced a crisis to ensure they get linkage to other services. This item is requested as an emergency and with a suspension of the rules in order to have the funds in place so that the program may get going in May/June of this year. Council member Ms. Anne Williams stated that although there was not a quorum this item was supported by those members at the Safety and Public Works Committee. Council member Mrs. Moore stated that this item was reviewed and unanimously supported by the Finance Committee. There was one question asked as explained in the memo distributed for this item. They were delighted we are getting this grant. Mayor Weiss thanked the variety of people working on this project. This is one very important piece of many as we move forward. Council member Mr. Claytor asked if CALL is still the temporary name for this program. Ms. Amistadi stated that it is still a temporary name until they receive final approval. It was moved by Ms. Anne Williams, and seconded by Ms. Bixenstine, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-25 be placed upon its final enactment. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Motion Carried Moved by s. Anne Williams, and seconded by Ms. Bixenstine, that Ordinance No. 24-25 be enacted as read. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Ordinance Enacted * * * * Council Meeting March 25, 2024 Page 76 Ordinance No. 24-26, by Mrs. Moore, authorizing the purchase with federal grant funds of two 2023 Chevy electric vehicles, without competitive bidding, for use by the expanded mental health response program, in the total not-to-exceed amount of $34,755 per vehicle, and declaring an emergency. Police Lieutenant Timothy Grafton stated that the Shaker Heights Police Department is seeking authorization to purchase two electoral vehicles necessary for usage by the Mental Health Response Program team. The current grant funding states that electrical vehicles will be purchased for a not-to- exceed amount of $34,755 per vehicle. The Chevy Bolt was selected as the vehicle of choice which fits the needs and the price constraints. This is not on state contract but was competitively bid in February with no responses. Several dealers mentioned the vehicle is in short supply and high demand so they did not submit a bid. Staff are seeking to purchase the vehicles directly from one or more dealers under the circumstances. This item is requested as an emergency. Council member Ms. Anne Williams stated that although there was not a quorum this item was supported by those members at the Safety and Public Works Committee. The questions raised are included in the memo distributed for this item. Council member Mrs. Moore stated that this item was reviewed and unanimously supported by the Finance Committee. She understands the grant requires an electrical vehicle, but she wanted to acclaim their efforts for more sustainable modes of transportation. Council member Mr. Malone clarified that the vehicles will be driven in the zones within the five communities so they will not necessarily be in Shaker Heights at all times. Finance Director John Potts stated that the budget calls for four vehicles, two came from the first COPS grant for these two vehicles and once the program is up and running Ms. Amistadi will be looking to purchase the other two electrical vehicles which will be paid for from the participation of the cities in year one of the budget. Council member Ms. Bixenstine echoed Mrs. Moore’s comments that this not only furthers the CALL program but also supports the City’s initiatives with regard to sustainability. Mayor Weiss stated that Shaker Heights has 21 electrical vehicle charging stations so the vehicles will be able to get charged here. Chief Administrative Officer Jeri E. Chaikin stated that the plan is that all the social workers and peer specialists will meet at Shaker Heights with Ms. Amistadi each day and be dispatched to other cities from here. 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. 24-26 be placed upon its final enactment. Council Meeting March 25, 2024 Page 77  Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Mr. Claytor, that Ordinance No. 24-26 be enacted as read. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Ordinance Enacted * * * * Ordinance No. 24-27, by Ms. Anne Williams, authorizing a personal services agreement with Lexipol, LLC, without competitive bidding, in an amount not-to-exceed $173,116.44, for a five- year term (2024-2029), for law enforcement policy and procedure software services, and declaring an emergency. Police Chief Wayne Johnson stated that Lexipol is a software program used by law enforcement and other public safety agencies to ensure all of our policies and procedures are aligned with state and federal law. This purchase is for a five-year subscription and is requested as an emergency. Council member Ms. Anne Williams stated that although there was not a quorum this item was supported by those members at the Safety and Public Works Committee. The payment is coming out of the Federal Trust Fund and syncs with our ordinances. It helps officers in the field to reference ordinances and policies. Council member Mrs. Moore stated that this item was reviewed and unanimously supported by the Finance Committee. Lexipol will be a very important tool in developing administrative policies in response to privacy concerns raised by Council about cameras and drones in the proposal for Federal and State Trust Funds. Council member Mr. Malone asked how Lexipol works. Police Chief Hudson stated that officers will have access to Lexipol in their cruisers. Staff will have a representative from Lexipol who will review policies and procedures to make sure they meet standards along with our CALEA partners. Any new changes and best practices Lexipol will push to those agencies with their software. Proposed changes will be reviewed by the City’s Law Department. Council Meeting March 25, 2024 Page 78 It was moved by Ms. Anne Williams, and seconded by Mr. Claytor, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-27 be placed upon its final enactment. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Motion Carried Moved by Ms. Anne Williams, and seconded by Mr. Claytor, that Ordinance No. 24-27 be enacted as read. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Ordinance Enacted * * * * Ordinance No. 24-28, by Mrs. Moore, accepting a proposal and authorizing a personal services contract for professional construction administration and inspection services with Greenman- Pederson, Inc. (GPI) in the total not to exceed amount of $38,923.32, for the Van Aken Pedestrian Improvements Project, and declaring an emergency. Public Works Director Patricia Speese stated that the City is fortunate to have received a $1.5 million grant for the Van Aken pedestrian improvement project through the Ohio Department of Transportation (ODOT) and the Federal Highway Administration. One of the components to administer this grant is contract administration and inspection. The City posted a letter of interest on ODOT’s website and five companies submitted proposals. They were vetted and the top firm was determined to be GPI. The City’s cost is 20% or $38,923.32, with ODOT paying the balance. This item is requested as an emergency with a suspension of the rules so we can enter into a contract and get started with construction in early May. Council member Ms. Anne Williams stated that there were no comments or questions by the Safety and Public Works Committee. Council member Mrs. Moore stated that this item was reviewed and unanimously supported 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. 24-28 be placed upon its final enactment. Council Meeting March 25, 2024 Page 79  Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Mr. Claytor, that Ordinance No. 24-28 be enacted as read. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Ordinance Enacted * * * * Ordinance No. 24-29, by Mr. Malone, authorizing the City’s acceptance of a grant of up to $2,000 from MyCom to provide financial assistance to Shaker families to cover the cost of pool passes for 2024, and declaring an emergency. Recreation Business Services Manager Quiana Player stated that last year the Recreation Department received approval to increase pool pass fees and it was recommended to find assistance for families that may not be able to financially afford the increase in pool passes. The City has worked with MyCom in the past and they have a mini grant program where we can receive up to $2,000 for the 2024 calendar year. The average cost of a pool pass for a family of four is $231. Staff are looking to assist approximately 10 families with this grant funding using the same guidelines as the Recreation for Youth (RFY) scholarship: being a Shaker resident; and qualifying for the free or reduced lunch program. Funding will be disbursed on a first come, first serve basis. Once the funding is depleted they will offer the RFY scholarships for any other families that may need assistance. This item is requested as an emergency with a suspension of the rules so the funds may be available during the pre-season pool pass period which starts on March 28. Council member Mr. Malone stated that this item was reviewed and unanimously approved by the Recreation Committee. They had a broader discussion on the need that might be there but the hope is they will be able to serve many families this time and think about something more sustainable in the future. They also talked about the challenges of getting lifeguards. Council member Mrs. Moore stated that this item was reviewed and unanimously supported by the Finance Committee. She clarified that residents in Ward 4 of Cleveland who attend Shaker Heights Public Schools are eligible for this assistance. It was moved by Mr. Malone seconded by Mr. Claytor, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-29 be placed upon its final enactment. Council Meeting March 25, 2024 Page 80  Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Motion Carried Moved by Mr. Malone, and seconded by Mr. Claytor, that Ordinance No. 24-29 be enacted as read. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Ordinance Enacted * * * * Ordinance No. 24-30, by Mr. Claytor, authorizing the application for and acceptance of a grant from the Federal Emergency Management Agency (FEMA) in the amount of $227,145, through the Assistance to Firefighters Grant funding program, for fire service professional development programs, and declaring an emergency. Fire Chief Patrick Sweeney stated that the FEMA Assistance to Firefighters Grant program is available every year and supports initiatives and equipment needs for the Fire Department. We have applied for this grant many times and successfully received grant funds for projects like diesel exhaust systems, radio systems and personal protective equipment for COVID. Each year they identify high priority items and this year it is training initiatives. The Fire Department would like to bolster training to support professional development with a series of classes to strengthen firefighters who are transitioning to various positions with a grant request in the amount of $227,145. A 10% match is required which will be supported by the existing Fire Department training budget. The Cuyahoga County Office of Emergency Management has committed to providing grant matches to Fire Departments who receive a grant. This item is requested as an emergency with a suspension of the rules. Council member Ms. Anne Williams stated that this item was reviewed and supported by the Safety and Public Works Committee. Council member Mrs. Moore stated that this item was reviewed and unanimously supported by the Finance Committee. It was moved by Mr. Claytor, and seconded by Ms. Bixenstine, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-30 be placed upon its final enactment. Council Meeting March 25, 2024 Page 81  Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Motion Carried Moved by Mr. Claytor, and seconded by Ms. Bixenstine, that Ordinance No. 24-30 be enacted as read. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Ordinance Enacted * * * * Ordinance No. 24-31, by Mrs. Moore, authorizing a commercial credit card agreement with Huntington, the City’s current bank, for a credit card with a credit limit of $50,000, and declaring an emergency. Finance Director John Potts stated that the City has had a credit card managed by the Finance Department with PNC Bank for a number of years with a credit limit of $25,000. It has become a highly utilized payment method and the Finance Department has had difficulty in recent years with that maximum amount as travel is increasing post COVID and some larger vendors are taking credit card payments creating a lot of inefficiencies. We have tried on numerous occasions to have the credit limit increased to no avail. We made the decision to contact Huntington Bank where we have a number of accounts which has a credit program with a much larger limit of $50,000. This will create a number of efficiencies, including tracking purchases and balances within the same website, as well as making payments directly from our depository account. There are no fees but we will no longer receive credit reward points which we received with PNC Bank that are typically used for Human Resources employee recognition type of events. This item is requested as an emergency with a suspension of the rules so we can begin the process of opening the card and cancelling the former card. Council member Mrs. Moore stated that this item was reviewed and unanimously supported by the Finance Committee. It was mystifying why PNC Bank with our substantial balances there and good credit record would not increase our limit. Council member Mr. Roeder asked about the requirement by Huntington for Council approval of the credit card. Director Potts explained that Huntington requested Council approval to ensure Council was aware of the credit card being issued. They were willing to offer us a much higher limit, but we decided $50,000 was sufficient. Council Meeting March 25, 2024 Page 82 Council member Mr. Malone asked about the use of the City credit card. Director Potts stated that in 2022 the credit card policy was updated to ensure the Finance Department has custody of the cards. The Finance Director, Assistant Finance Director and Mayor has a card all under the byline of the City of Shaker Heights. The credit card number is used by various departments for purchases if needed; mostly for travel - hotel and airfare. There are a couple of vendors like the Bureau of Workers’ Compensation which prefers their payments via credit card. Council member Mr. Claytor asked about Huntington Bank’s equity practices within our community with regard to lending and redlining to ensure that as we continue and expand our business with this financial institution that it is also supporting our residents in an equitable manner. Director Potts stated that when we did competitive bidding a number of years ago that was one of the questions that each institution had to answer, and we selected Huntington Bank based on a number of factors. The Economic Development Director and the Building and Housing Inspection Director meets with Huntington Bank once or twice a year to discuss those matters. 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. 24-31 be placed upon its final enactment. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Mr. Claytor, that Ordinance No. 24-31 be enacted as read. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Ordinance Enacted * * * * Resolution No. 24-32, by Mrs. Moore, declaring it necessary to light the streets of the City during the years 2025, 2026 and 2027 and providing for the assessment of a portion of the expense thereof, and declaring an emergency. Finance Director John Potts stated that property owners pay a portion of expenses involved to provide street lighting on City streets and public roads. The current rate of that assessment is $.88/per front footage. Chapter 145 of the Codified Ordinances requires a resolution of necessity in order to levy the special assessment, and a public notice where calculations are made available to the public by request. The Council Meeting March 25, 2024 Page 83 assessment was last raised from $.84/per front footage to $.88/per front footage in 2004. For the past ten years some of the revenue has declined, the electrical rates have increased and the City’s General Fund has needed to supplement the Street Lighting Fund from $100,000 to $265,000 annually. The last assessment was put in place for 2023/2024 at the rate of $.88/per front footage which has generated approximately $550,000 annually. If we do not raise the assessment the City will need to begin subsidizing the street lighting assessment with a General Fund transfer beginning in 2025. An analysis determined that the proper increase would be at $1.10/per front footage for 2025, 2026, and 2027 which would generate an additional $140,000 annually, enough to pay the expenses of the street lighting and provide a small reserve in the Street Lighting Fund. This item is requested as an emergency with a suspension of the rules so that the public notice and calculations are prepared to meet the September deadline. Law Director William Gruber noted that if approved this item will come back for Council approval in August for the second step of the process. Council member Ms. Anne Williams stated that this item was reviewed and supported by the Public Works Committee although there was not a quorum. There was a robust discussion focused on whether it is possible for the City to retrofit poles for LED lighting as a more sustainable manner of lighting streets and less costly. There would probably be an upfront cost of greater than $3 million. Council member Ms. Bixenstine stated that the Sustainability Committee discussed working with other communities to encourage First Energy to provide more incentives for retrofitting of electric poles for more sustainable LED lighting. Director Gruber stated that the Public Utilities Commission of Ohio needs to press utility companies to do this. It took a long time to get a rate established but that does not pay for the change of bulbs, and all of the energy we buy for the street lights is from 100% renewable sources. Council member Mrs. Moore stated that this item was reviewed and unanimously approved by the Finance Committee. We really have no other choice but to increase the cost to the consumer. The only alternative is to subsidize it from our General Fund which means harder decisions in terms of allocation of those funds. Council member Mr. Malone clarified this is a three-year assessment at $1.10/per front footage. Director Potts stated that the front footage changes depending on the size of the lot. He can look into what other cities are charging. 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 Resolution No. 24-32 be placed upon its final enactment. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Motion Carried Council Meeting March 25, 2024 Page 84 Moved by Mrs. Moore, and seconded by Ms. Bixenstine, that Resolution No. 24-32 be enacted as read. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Resolution Adopted * * * * Ordinance No. 24-33, by Mrs. Moore, amending Ordinance 23-115 making appropriations for the current expenses and other expenditures of the City of Shaker Heights, Ohio for the year ending December 31, 2024, as amended by Ordinance No. 24-01 to amend to amend appropriations in Fund No. 105, Recreation Fund and in Fund No. 284, Mental Health Response Team and declaring an emergency. Finance Director John Potts stated that this item is for appropriations in the amount of $2,000 for the MyCom grant and $523,131 for the CALL program. 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. 24-33 be placed upon its final enactment. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Mr. Claytor, that Ordinance No. 24-33 be enacted as read. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Ordinance Enacted * * * * Ordinance No. 24-34, 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. Council Meeting March 25, 2024 Page 85 Finance Director John Potts stated that this item is for normal expenses that require a Then and Now Certificate when an obligation is incurred that is over $3,000 and the invoice comes through before we have a requisition presented and approved. It was moved by Mrs. Moore, and seconded by Ms. Anne Williams, that the rule requiring ordinances to be read on three different days be suspended and Ordinance No. 24-34 be placed upon its final enactment. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine, Mr. Claytor Nays: None Motion Carried Moved by Mrs. Moore, and seconded by Ms. Anne Williams, that Ordinance No. 24-34 be enacted as read. Roll Call: Ayes: Mr. Malone, Mrs. Moore, Mr. Roeder, Ms. Anne Williams, Ms. Carmella Williams, Ms. Bixenstine Abstain: Mr. Claytor 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. Clerk of Council Ms. Chaikin 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. No comments were offered. Mayor Weiss acknowledged State Representative Juanita Brent, who was present. * * * * Council Meeting March 25, 2024 Page 86 There being no further business before Council, the Mayor adjourned the meeting at 8:01 p.m. _________________________________________ DAVID E. WEISS, Mayor _________________________________________ JERI E. CHAIKIN, Clerk of Council Council Meeting March 25, 2024 Page 87