Thread by @DocumenterK

Hi, I'm Keith & I'll be providing coverage of the Wednesday, May 25, 2022, Cleveland City Council's Safety Committee meeting on behalf of @cledocumenters and @NeighborUpCle.

About Cleveland City Council's Safety Committee

clevelandcitycouncil.org/council/commit…

Safety Committee Members

Chair, W8 Michael D. Polensek
Vice Chair, W1 Joseph T. Jones @CleveJoeJones

W4 Deborah A. Gray
W5 Richard A. Starr @R1chardStarr
W7 Stephanie Howse @stephaniehowse
W11 Brian Mooney
W17 Charles J. Slife @ADayInTheSlife

Public Notice of the Safety Committee Meeting on May 25, 2022, was created on Tuesday, May 24, 2022

cityofcleveland.legistar.com/View.ashx?M=F&…

Agenda for the Safety Committee Meeting on May 25, 2022

cityofcleveland.legistar.com/View.ashx?M=A&…

As indicated on both the Public Meeting Notice and the Agenda, Safety Committee will review Emergency Ordinance 483-2022.

This EO will amend various sections of the Codified Ordinances of Cleveland to require a permit concerning actions related to fireworks.

EO 483-2022, pp.1-4

Note:
language to be removed has a line struck through the center
language to be added is underlined

cityofcleveland.legistar.com/View.ashx?M=F&…

EO 483-2022, pp.5-8

EO 483-2022, pp.9-10

EO 483-2022: Executive Summary

This is a notice from Department of Public Safety Director Karrie D. Howard to Safety Committee Chair Polensek in which she summarizes the changes to Sections of the Codified Ordinances of Cleveland.

While the EO includes the original language of the ordinance with effects to demonstrate what is being struck and what is being added, if one wants to just see the current language navigate to Chapter 387 of the Codified Ordinances of Cleveland.

How does one do that?

Access the Codified Ordinances of Cleveland

codelibrary.amlegal.com/codes/clevelan…

To access the ordinances, click the triple bar and navigate to the appropriate section

codelibrary.amlegal.com/codes/clevelan…

As a reminder, the EO includes directions on which sections of the Codified Ordinances of Cleveland will be amended.

Finding Sections of Chapter 387

Part Three: Land Use
>Part IIID: Land Used Code - Fire Prevention Code
>>Title XI: Fire Prevention Code
>>>Chapter 387

Sections of Chapter 387

Our ghost legal municipal code that most of us seemingly live oblivious to except for perhaps housing, streets, and general safety.

Now explore until you're lost in the Cleveland Codified Ordinances

Now return to the happenings of the Safety Committee Meeting held on Wednesday, May 25, 2022.

Safety Committee Meeting
Wednesday, May 25, 2022
Live-Streamed by @TV20Cleveland

Safety Committee Chair & W8 CM Michael Polensek opens the meeting with the introduction of EO. 483-2022.

This legislation was introduced by himself and Council President & W8 CM Blaine Griffin.

It appears roll call happened before the audio was live.

Not present
Vice Chair & W1 CM Joe Jones
W5 CM Richard Starr

Present from the City of Cleveland

George E. Coulter
Assistant Director of Public Safety

Eric Burchak
Interim Chief of Cleveland Division of Fire

Michael Kelly,
Lieutenant and Hazmat Supervisor

Shirley Tomasello
Assistant Director of Law at City of Cleveland Law Department

Dave Philbin
Fire Marshall
Fire Department

Michael Guiliase
Captain & officer in charge of investigation unit
Fire Department

Chair & W8 CM Polensek inquires if any representatives of the Cleveland Police Department are present.

Assistant Director Coulter responds "Not at this time, sir."

Polensek expresses concern that they're not present as citizens usually call police before the fire department.

AD Coulter responds, "The cooperation between our Police and Fire and how they're dispatched is very efficient. There will not be any issues with how one is dispatched & how they cooperatively respond to incidents."

AD Coulter offers to follow up, "Certainly, questions or additional information the PD can provide we will get to you."

He then summarizes EO 438-2022, which mirrors the letter sent to Chair Polensek and provided by Council as an Executive Summary.

AD Coulter concludes, "We believe the amendments to these sections are important to update our local fire code with regard to consumer fireworks to provide a framework for the safe storage and discharge of such fireworks in the City of Cleveland."

Chair & W8 Polensek, "You went over a lot there. ... 1.4G, give us some idea what that is."

Lieutenant Kelly describes 1.4 fireworks as being "firecrackers in a bottle rocket." He distinguishes "novelty items as being snaps you throw on the ground, glowworms, & sparklers."

Polensek asks about fireworks that sounds like "sticks of dynamite going off."

Lieutenant Kelly, "Those are 1.3G professional grade and are prohibited."

W8 & CM Polensek enquires about the legalities of Governor DeWine's decision to sign legislation that allowed cities to opt in or out of fireworks.

AD of Law Tomasello answers, "The change that will go into effect on July 1, 2022, will allow any person to discharge, ignite, or explode 1.4G fireworks on private property with authorization of property owner on several days of the year."

AD Tomasello continues, "The new law that will go into effect on July 1, 2022, allows quote, 'a Municipal Corporation may do either of the following (1) restrict the dates or times ... or (2) ban the discharge..."

codes.ohio.gov/ohio-revised-c….

Polensek asks for any additional comments.

There is no response.

Polensek doublechecks about having a CPD representative.

AD Coulter iterates that dispatchers will coordinate as necessary and "does not anticipate there will be any issues with who responds to the calls."

Earlier, I could not see Vice Chair & W1 CM Joe Jones or W5 CM Richard A. Starr and assumed them absent.
In fact, both are present.

Polensek shares his experience with fireworks in his Ward - parks damaged. Fires. Loud noises. Having to protect his dog in a soundproof room.

"It all comes down to quality of life. What kind of neighborhoods we are going to live in. Are they peaceful, quiet, and respectful?"

AD of Law Tomasello informs Safety Committee that the Division of Fire would like to amend the EO concerning enforcement.

Polensek informs Tomasello she would have to include the amendment.

Interim Chief Burchak informs Safety Committee they would amend the penalties section to make violation of the section, which would be the illegal usage of 1.4G fireworks, a ticketable offense by CPD and immediate confiscation of said materials.

Chair & W8 CM Polensek floats the idea of allowing the Fire Department to issue tickets themselves.

W1 CM Jones agrees.

W16 CM Charles Slife inquires if Fire Dept has the legal ability to do so or if they would have to be deputized similar to the Build and Housing Department.

Fire Marshall Philbin can deem situations a hazardous condition and then can shut it down but works with Build & Housing and CPD to do this.

Philbin explains they do not issue tickets currently, just violations.

Polensek asks for the amendment to be read again.

W8 & CM Polensek requests they "massage this a little to be ticketable offense by both police and fire."

AD of Safety Coulter responds the Fire could issue a Civil ticket but would prefer to follow up with Law Department and requests to do that at a later date, not in this EO.

Vice Chair & W1 CM Joe Jones supports the amendment to allow the Fire Department to ticket, "I don't think that is something that is an issue."

He asks for Interim Chief Burchak's perspective on ticketing.

Interim Chief Burchak, "I don't want the Public to view us as law enforcement. ...procedurally, I would only have the Battalions Chiefs to do that and not the members on the Firetruck. We would have the Battalion Chiefs respond in a command vehicle."

Polensek requests a member to motion to amend. It is motioned by Slife and seconded by Jones.

Polensek informs Public Safety that they have between now and Finance Committee to consider requesting the ability to issue tickets.

Polensek informs Public Safety that Council Members Jones, Slife, Howse, & Mooney have 15 minutes apiece to ask questions. There is 1 residence in attendance who would like to comment.

CPD Deputy Chief Sammy Morris is invited to the table & asked to comment before questioning.

W1 CM Joe Jones is first up for questioning.

W1 CM Jones asks the same question that Polensek did earlier, what are 1.4G fireworks?

It is answered.

He then states that this meeting is a waste of time if the Fire Department will not enforce because there will not be proper enforcement with CPD due to low staffing.

W17 CM Charles Slife is up next for questioning.

W17 CM Slife asks about the change in state law concerning certain dates/

W1 CM Jones is frustrated and mumbling about the meeting is a waste of time as Slife questions.

Slife seconds Jones' point but is not opposed to the legislation.

Slife asks if they have data about explosions related to fireworks or if this is just a sound complaint and a public nuisance.

Captain Guiliase provides local data from several years ago and state data. He shares the data is incomplete.

Slife follows up with a question about success rate currently with enforcement and how the law will adjust it.

Deputy Chief Morris will have to pull the data.

W17 CM Slife concludes with similar remarks from earlier, he isn't opposed to the legislation, it may create false expectations among residents, and it will be hard to enforce.

W7 CM Stephanie Howse has the table for questioning.

Howse asks if there is a requirement to collect data and/or how is data collected.

AD of Law Tomasello says we can collect data but there is no requirement.

Howse states she will seek an amendment requiring data collection if this EO were to move forward.

Howse ponders if this is the best way to stop people from using fireworks.

AD of Safety Coulter argues the EO is to deter. He also notes there is data collected through the CAD (?) system as they are documenting all calls.

IC Burchak knows it is not realistic to target individuals with 1 or 2 fireworks but those who have a large collection & are firing those off in parks.

DC Morris notes citations are recorded in the CAD system and call for service.

Polensek seconds Howse's point about data collection & supports such an amendment.

Howse, "We have so many ordinances that we don't have the capacity to enforce them. If the end goal is to stop harmful things, have we had a system to have a permit to do it?

Howse asks, "What is the system now?"

Large fireworks are required to permit through hazmat unit.

Howse struggles with passing EOs without data in advance. She believes a different perspective is required to address this issue and as such will not support it at the moment.

W11 CM Brian Mooney has the table for questioning.

Mooney was under the impression that EO 483-2022 was intended for sellers of 1.4G fireworks such as the local corner stores.

Interim Chief Burchak said it was always illegal to sell the fireworks.

Mooney reflects that the current law wasn't enforced and is curious about the current penalty.

AD of Law Tomasello answers his question about the escalating penalties for violation.

Mooney's final question, "Police go out and see the fireworks, so they just leave gthem with the individual?"

DC Morris, "I imagine they keep them in different location tha nthe streets. If we catch the individuals we do cite them and we do take the fireworks."

W5 CM Richard Starr has the table for questioning.

W5 CM Richard Starr states he will not support the ordinance until it comes back with some hardcore data and thoughtful answers.

W4 CM Deboarh Gray has the table for questioning.

W4 CM Gray also refuses to sign off on the ordinance until there is more data. She states a lot of people don't understand what ordinances are and don't believe it applies to them. She would like to see data about who can purchase the fireworks.

Howse and Starr have departed the table.

Polensek summarizes the issues Council Members are having with the EO and requests for a document that details what "novelty" fireworks are legal.

W1 CM Jones suggests Public Safety should come back to the table with a plan to address the sellers and to consider taking on enforcement measures.

"We can't keep going down with the same plan. If the plan is not working then those plans need to change."

W1 CM Jones, "If we put together an actual comprehensive piece with some real bite to it. ... I give this up to the Bibb's Administration for allowing this process to work out as the last Administration did not."

AD of Safety Coulter, "Safety does not wish to move forward with this at this time. Our objective is how to help people to enjoy celebrations in a safe manner, in a manner that does not cause harm to persons or properties and increase quality of life for Clevelanders."

AD of Safety Coulter, "This discussion has been fruitful in that regard. We will pull for a later date."

Polensek informs Safety if they want this passed by July they will have to factor in the requests of the Council and have it in by June 6 before Council recesses for summer.

Polensek continues describing fireworks as a quality of life issue. He iterates he is hopeful about the Bibb Admin and their efforts in addressing the issues facing the safety.

"I feel we are on a right path for the first time in a long time. I feel we are coming together."

Reverend Pamela E. Pinkney is present to address this legislation. She states EO 483-2022 is not good legislation, that is racially and economically biased, nor is it reasonable. "The priorities are very wrong and out of order. Fireworks are for celebrations."

Reverend Pinkney, "We're worried about fireworks when people are worried about getting their children to school and put food on their table. ... These fireworks just like drugs and guns, we need to be rethinking some things."

Polensek follow up, "Our fireworks is still in effect?"

AD of Law Tomasello, "That's correct."

Polensek, "Fireworks are still illegal, is that correct?"

AD of Law Tomasello, "That's correct."

Polensek asks about miscellaneous concerns.

W9 CM Kevin Conwell is present and has the table.

W9 CM Conwell expresses his concerns about Memorial Day weekend and asks for a response.

DC Morris responds, "If you see something please call us. If you know who is doing these things, please call us. ... No one wants to be a victim."

W8 CM Polensek follows up on Conwell's comments and voices frustrations with the "reoccurring them of victim uncooperative, unwilling to provide information. I can assure that I am talking if someone shoots me."

DC Morris, "A concerned that comes forwards is not a snitch. You're a human being, a good person."

W1 CM Jones, "The other side of the coin is that we're paying 230 million dollars a year for our Police Department and there is no safety or security in Cleveland streets. ... Now you have 2 to 3 to 4 generations that have been terrorized."

W1 CM Jones continues lambasting his perceived failures of Cleveland's Police Department, fellow Council Members silence, and offering explanations for why citizens act as they do.

Jones' full comments below:

Final comments by Council Safety Committee and Public Safety members.

Cleveland City Council's Safety Committee adjourned at or around 11:54 PM on Wednesday, May 25, 2022.

Take the time to watch the video for full comments by all participants. My subjective paraphrasing may or may not accurately capture the essence of an individual's comments.

Remember to check out recorded notes and live-tweets for other governance meetings. They are posted on the Cleveland Documenter's website, access past meetings here:

cleveland.documenters.org/meetings/

To become involved and for more meeting coverage, check out documenters.org. Have questions? Think we got something wrong? Send any enquiries on the meeting or these tweets to @cledocumenters

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