Wednesday, September 23, 2009

Emergency--Yes And No

Notes from the September 22 Council Meeting...

Emergency--Yes

The council meeting had just begun when a pager went off. That's pretty unusual. People typically remember to turn off their cell devices or switch them to vibrate alerts so they don't interrupt the meeting.

Fire Chief Turner stood up and quickly left the council chamber.

Turns out, a house fire was reported in the city. Chief Turner left the meeting to return to his primary job---keeping residents safe.

Emergency--No

Every year council declares the date on which Halloween will be officially celebrated.

This year is no different.

Council held the first reading of an ordinance, No. 42-2009, declaring Oct. 31st as the Halloween observance day.

The ordinance, however, was listed as an emergency measure. It reads: "Proposed resolution providing for the observance of Halloween on October 31, 2009 and declaring an emergency."

Halloween, an emergency?

Council lists almost every ordinance on its agenda as an emergency measure---in clear violation of both the city charter and city ordinances, which limit the use of emergency measures and require a statement describing the emergency and explaining the necessity for emergency action.

By listing ordinances as emergency measures, council forecloses the opportunity of residents to challenge them before they take effect.

As our laws make clear, emergency measures should only be used for true emergencies. Halloween doesn't count.

Requests for more personnel

Both the police department and the fire department have requested permission to hire additional part-time employees in 2010. The discussion is still in the very early stages.

The good news is that it was not left until the last minute in the budgeting process to bring these requests to council's attention.

Early communication is good thing, particularly when it comes to requests for more money and/or more personnel.

"(This) Incivility Has to Be Addressed"

Bravo to Olivia Fatica of Kenbridge Road, who had the courage to speak to council about a difficult situation in her neighborhood, involving a rental tenant, dogs, and how neighbors interact with one another.

Apparently a tenant on the street has 2 Rottweilers and an American Bulldog--all very intimidating animals. According to Fatica, the dogs kept her trapped in her car on at least one occasion, and her attempts to talk to the tenant about the animals have been met with verbal abuse and incivility.

Olivia Fatica articulately expressed her frustration and concern---about preserving the congeniality of her neighborhood, about the appropriateness of the police response to the situation, and about barriers to communicating with city officials.

It takes alot of concern and courage to stand up before council and talk about such difficult issues. Thank you, Olivia Fatica.

Attempted child enticement? Yes or No?

One controversy that erupted in the city last week concerned a report of an attempted child enticement. The story was reported by several local television stations, and parents distributed information by email about the incident.

The question was raised as to why the city did not activate its reverse-911 emergency calling system, to inform residents about the incident.

Police Chief Cook explained to council that they investigated the incident immediately and for several days after it was reported, that they stopped several vehicles and questioned the drivers about the reported incident, and that he concluded that there was insufficient evidence that an attempted enticement had taken place. According to Cook, the child was unsure of what was actually said to him by the driver of a vehicle, and the vehicle driver never exited the vehicle or otherwise physically approached the child.

Cook stated, "In my judgment, it would have been inappropropriate to place a (reverse-911) call when we were not sure what was said to the child. "

Cook said that his department thoroughly investigated the matter, they did not find sufficient evidence to treat the incident as an attempt to entice a child into a car, and the matter is now closed.

The end.

Wednesday, September 9, 2009

Laying Low Until The Election?

Council as a whole seemed quiet and subdued on Tuesday night. Now that Labor Day is over, the focus has perhaps switched to election day, November 3rd.....

Community Calendar of Events

Household Hazardous Waste Roundup. The service department will be collecting oil-based paint and other environmentally hazardous products September 21st to October 3rd.

Community Shredding Event. The paper shredding truck will return to Highland Heghts on Saturday October 3rd.

Recycling Bins. The nifty blue plastic recycling bins, embossed with the city's logo, are still available for purchase for $ 7.50 at the service department. I have one. It's great--and so much easier to use than those blue plastic bags.

Business Rumblings

A Japanese Hibachi Restaurant has applied for a liquor permit, using the address of the current Wellington's Restaurant on Alpha Drive (in the Shoppes at Alpha).

It could be an error, or could it be that Wellington's is planning to give up its restaurant business and pursue only its catering/party center business?

Drill, Baby, Drill

Bass Energy began drilling a gas well in Alpha Park for Kerry Klotzman this week. The well is called Alpha Park # 1--reflecting, I suppose, Mr. Klotzman's stated intention to put more gas wells on his Alpha Drive property, if he can.

Even the mayor noticed the foul smell coming from the area of the wellhead. Acting Building Department head Jim Austin told council on Tuesday night that the smell was because of brackish water used in the drilling process.

Maybe, but it's not unusual for hydrogen sufide to be released during the drilling process, as it is a naturally-occurring impurity in natural gas.

I guess if it makes the mayor and the rest of the community feel better to think that the smell is simply brackish water, rather than hydrogen sulfide (which, if concentrated enough, can be hazardous to your health)---well, be my guest.

Thanks for Saying NO to Gas Wells

A big tip of my hat to the members of the 6th Presbyterian Church on Wilson Mills Road (next to Catalano's) who voted this week to cancel an upcoming meeting with Bass Energy (the company that is suing the city) who was hoping to drill a gas well at the rear end of the church property.

Bass Energy apparently has been trying to put together a drilling field including the church, the Catalano's property and Millridge School. Let's hope the Mayfield School Board jumps on the JUST SAY NO bandwagon as well.

I heartily thank and applaud the members of the 6th Presbyterian Church for their decision.

Strumbly Road Sidewalks

Strumbly Road is a residential street with a great deal of traffic. Drivers use it to bypass Bishop and to travel between Highland Road and Wilson Mills Road.

Strumbly Road is also one of the few remaining streets in Highland Heights without sidewalks. That means that pedestrians have to share the road with cars--cars that often are traveling faster than the posted 25 mph speed limit.

With the assistance of Councilwoman Cathy Murphy, a number of concerned Strumbly Road neighbors met with council, the mayor, and the city engineer to discuss the possibility (and cost) of installing either a sidewalk or a pedestrian pathway on at least one side of Strumbly Road.

The dialogue is just beginning, but at least it has begun. Let's keep our kids safe, shall we?

Hide and Seek in Time for the Election? Not This year.

At the last Committee of the Whole meeting, council discussed the possibility of eliminating one voting location (at Wellington's Restaurant) and moving a second voting place from Millridge School to the Sixth Presbyterian Church next to Catalano's----in time for the November 3rd election.

Council seemed pretty mixed on the idea last week. The issue was dead last night.

Neither Wellington's nor the school superintendent, Dr. Phil Price, expressed any desire to have the voting locations moved, and there was a general feeling on the part of most council members (with the exception of Council President Scott Mills and Councilman Frank Legan) that there was no reason to make a change right before the upcoming election.

(Postscript. I've got to say, after reading the Sun Messenger this morning, I'm a bit confused about what Mr. Legan's position really is. He's quoted in the paper as saying last week that he didn't think a change should be made at what he considered to be such a late date---"I think there should be more notice before we do anything"--and my own notes from that meeting reflect that he mentioned the timing and said, "it would be confusing to change now." But he took the exact opposite position on Tuesday night. After Councilwoman Cathy Murphy's said, "I don't think there is any reason to rush into this," Mr. Legan responded: "I disagree with Mrs. Murphy regarding the timing." He indicated, in fact, that his sole reservation about moving the polling place from Millridge School to the church was whether there was enough parking at the church. )

Although he seemed a bit disappointed, Mr. Mills succeeded in getting the issue on council's radar screen. It will be interesting to see how many residents vote by mail on November 3rd. Who knows, if enough people choose to vote by mail, it could be that the city will need only one voting place (instead of the current 3) the next time around.

Coincidence---Why not?

Two seemingly unrelated items were communicated to council last night:

1. The state auditor has arrived and, over the next few months, will be conducting an audit of the city's finances and books. While the city files regular reports with the auditor's office, state auditors come in every few years, to conduct a more thorough review.

2. Council President Scott Mills announced that effective last night, the clerk of council, Jean Buchak, would be working only part-time.

The announcement caused a bit of confusion, at least on the part of Councilwoman Cathy Murphy, who pointed out that Ms. Buchak had always worked just part-time for council.

It turns out that for the last several years, the hard-working part-time clerk of council has also been paid for working part-time in the city's finance department---which is a bit puzzling because she has never been listed as a finance department employee on the city's website.

Whatever her former work arrangement, Mr. Mills announced that Ms. Buchak "is not working for the finance department any more."

I'm sure that council is pleased that she will continue to serve them--something she does so well.

end

Thursday, September 3, 2009

SAY WHAT?

Quotes and Quips From the Sept. 1st Committee of the Whole meeting....


Item 3 . Private property owner's request for license to use city street
  • "We can't go to the state (to secure additional gas well drilling permits) until we have the right to go across (Alpha Drive)" "Please dont give in to the hysteria about residential drilling." Mr. Klotzman, asking for a legal license to use a portion of Alpha Drive, in order to expand the number of gas wells that Bass Energy (the company suing the city for $ 6 million) can drill for Klotzman on or near Alpha Park.
  • "I am not interested in turning Alpha Park into Gas Well Alley." Kathy Murphy, Ward 1 Councilwoman.
  • "I'm in the business of what-ifs." "This (request) opens a pandora's box." My hero of the day, Fire Chief Turner.
  • "Do other cities give licenses to private individuals (versus utility companies) to use city streets?" "No.""No." "No.""No." Question by Mayor Coleman. Repsonses by the acting city engineer, the acting building commissioner, Fire Chief Turner, and the city's Service Director.
The back story:

This is the second time that Mr. Klotzman has approached the city, asking for a license that would allow him to legally connect privately-owned property on both sides of Alpha Drive for purposes of drilling gas wells.
Bass Energy has already obtained a permit to put a gas well on Klotzman's Alpha Park property, but Klotzman wants to combine that property with other acreage on the other side of Alpha Drive, in order to increase the number of gas wells drilled in that area. To do this, he has to obtain a license to use Alpha Drive, a city-owned street. If the city says no---which is an answer that Klotzman was clearly unwilling to accept last night---then he will still be able to install one well on his own property on the east side of Alpha Drive, but he will not be able to use that property to create a large, multi-well drilling site that straddles both sides of Alpha Drive.



Item 9. Business proposal by Team Energetics, a private fitness club
  • "I have not read the proposal, but I am dead set against it" Ted Anderson, Ward 4 Councilman.
The back story:

A recent Sun Messenger article reported that Team Energetics, a fitness club that offers conditioning training to Mayfield High School athletes, hoped to enter into a business partnership with several local cities. As descibed in the story, the club intended to ask for yearly payments from the cities, in exchange for offering free and/or discounted memberships to city employees and residents.

Most of the council members took the time to read the proposed contract and to entertain the idea before deciding not to support Team Energetic's proposal.



Item 4. Old Pool House Renovation Project
  • "The lowest bid (which did not meet bid specifications) totaled $269,000. The lowest compliant bid was $ 299,000." City Service Director, Tom Evans.
  • "This (project) started at $70,000. Then it became $ 150,000. Now it's $300,000. Is this feasible?" Scott Mills, Council President.
  • "One party has challenged the low bid and has told us their suspicion that it is an underbid. We don't want any (legal) exposure." "I think we should do a work session with Park & Recreation (Commission) to meet and work with them." Cathy Murphy, Ward 1 Councilwoman.
  • "We (the Park & Recreation Commission) did this (the design for the proposed renovation project) as minimally as possible already." "I am looking at $193,000 (the noncompliant low bid for the building only). It's a little high." "All the other stuff (the other work necessitated by the proposed renovation) I'm not looking at it." "You take Home Days away, and it all disappears." Ted Anderson, Ward 4 Councilman.
The back story:

After presenting the Park & Recreation Committee's (P&R) new 5 year plan for the park to council late last fall, Councilman Anderson announced that the Committee's top priority project was to spend taxpayer money (not money from their own, separate funds) to renovate the Old Pool House building for use by the 8 week summer day camp program. Mr. Valentino, a member of P&R (and candidate for Ward 3 council seat), also insisted that the outdoor electrical outlets (used for Home Days) should be removed as part of the project. The price tag for the project they told council was $75,000.

(As background, the campers traditionally number around 100. They use Millridge School---at an average yearly cost of less than $200 (over the last five years)---on rain days. Otherwise, they use the existing pavillions in the park as their home base on camp days.)

A member of the city's Architectural Review Board told council several months later that he thought that the project would cost $150,00---not the $75,000 reported to council.

The proposed renovation entails much more than simply moving a few walls and renovating existing bathrooms in the Old Pool House building and is much more than a simple indoor camp shelter. The P&R-approved drawing includes both large and small meeting rooms for approximately 190 people and a new expansive outdoor porch/pavillion. In fact, the existing building is a small component of the project, as currently designed.

Also, because the Old Pool House building is currently in use---the Service Department has a workshop in the building, which is used for performing park maintenance tasks, and Home Days and the baseball teams use the building for winter storage---the project necessarily includes relocating both the storage and the workshop, as well as replacing the outdoor electrical outlets per Mr. Valentino.



Item 8. City Hall Church Property
  • "When we purchased it, we had no identifiable need for the building." Councilwoman Cathy Murphy
  • "Right". Mayor Coleman.
  • "It was unpleasant to be in there (when council toured the church building last year)." Councilman Frank Legan, who, in the press, has been trying to convince the public that the building is useable.
  • " I cant believe that we can't renovate it for some government use." "I don't want to spend $500,000 for a lawn." Councilman Ed Hargate.

The Back Story.

According to sworn deposition testimony, Bass Energy told city officials that the then-existing city hall property was not big enough for a gas well, but with the church property, they'd have enough space to drill a gas well at city hall. The city began taking steps after that meeting to buy the church property. It was purchased for $ 300,000 in late 2007.

The city got an estimate for razing the building, including removal of the septic tank and the parking lot: $ 137,000.

More than a year ago, members of the public were barred from accompanying council on a tour of the building---for safety reasons. The church building has a septic system, a leaking roof, and has been left unheated for several years.

The estimate for renovating the building: $ 773,000.


Stay tuned...