Games People Play ...and the Pool Continues to Leak (Mightily)

The agenda for the June 8th council meeting was pretty sparse. In fact, council’s executive session lasted longer than the council meeting itself.

Still, the meetings never disappoint, as far as providing a few surprises. And they provide information that you won’t hear otherwise.

Games People Play

Fact One.

Highland Heights Charter § 5.05, “Executive Powers,” reads in part:

The Mayor shall execute on behalf of the Municipality all contracts…to which the Municipality is a party…(and) shall make certain that all terms and conditions imposed in favor of the Municipality or its residents in any … contract…are faithfully kept and performed

The word “shall” is a very important legal term. It means “required” or “has to”.

Executing contracts on the city’s behalf---and making sure that they are faithfully and fully performed---are duties that Mayor Coleman is legally required to perform. He can’t choose which contracts he signs (but he is supposed to follow the conditions and limits imposed by council---which is something he apparently failed to do when he signed the Bass Energy drilling contract).

Fact Two.

In 2008, the city-hired structural engineer noted in his report that there might be some asbestos or asbestos-containing materials in the Old Church Building, which would have to be removed or remediated whether the building was renovated or demolished.
On April 13th, council passed a motion:

“authorizing the City Engineer to prepare plans and specifications for demolition of the former church building (on city hall property), authorizing the Clerk (of council) to advertise for bids (for that work) and authorizing the City to obtain certification of the asbestos in the structure."

The motion passed 5-2, with Councilman Frank Legan and Councilman Ed Hargate voting no.
http://www.highlandhts.com/docs/city_council/minutes/2010/04-13-10_council_minutes.htm


The city engineer solicited bids and selected a contractor qualified to do the asbestos assessment. Council accepted the engineer’s recommendation on May 25th and passed a motion to pay Earth Consulting, Ltd. no more than $ 1,698 to determine whether there was, in fact, any asbestos or other hazardous or toxic materials in the Old Church Building.  Councilman Hargate cast the only "no" vote.
http://www.highlandhts.com/docs/city_council/minutes/2010/05-25-10_council_minutes.htm
Fact Three

Last night Councilwoman Cathy Murphy asked for a status report on the asbestos investigation. That prompted this exchange:

Building Commissioner Dale Grabfelder: “The bid (for the asbestos assessment contract) was forwarded to the mayor’s office for his signature.

Mayor Coleman: “It’s on my desk.”

City Engineer Steve Hovanscek: “The contract has not been formalized yet.”

Councilwoman Cathy Murphy: “Will it be signed soon?”

Mayor Coleman: “Uh-huh.

So let’s see. Council passes a motion on May 25th hiring a contractor to conduct an asbestos assessment of the Old Church Building and two weeks later, the contract is still sitting on Mayor Coleman’s desk, unsigned.

Do you suppose Mayor Coleman can’t find a pen?

Or could Mayor Coleman be playing games with council?


I ask that question because just last week, Mayor Coleman declared that he was “very supportive” of giving a 40 member, men-only, private social club the exclusive right to use the Old Church Building at night, in exchange for the club’s making at least part of the structure  “habitable” and “useable” (whatever that means). Oh yes, the deal also involves having the city accept all of the liability risk associated with the club’s use of the building and paying the exorbitant cost of heating and maintaining the substandard building.


Do you suppose Mayor Coleman was afraid that his deal with the private club might be squelched if he actually did his duty and executed the contract for the asbestos evaluation---that reality might intrude on the club’s lowball $ 100,000 renovation estimate?


For whatever reason, council learned for the first time last night that Mayor Coleman has been ignoring the asbestos investigation contract that has been sitting on his desk, waiting for his signature. 
Maybe Mayor Coleman is just trying to show council that he is boss of the city and that they can’t make him do anything that he doesn’t want to do.

But if Mayor Coleman is not going to do his job as the law requires---and do it promptly and well---then I think taxpayers should get a discount on the $2,000 monthly stipend that they pay him.
You know, partial pay for partial work. Seems fair to me...

The Pool Leak Saga---it Continues

It was frustrating to learn last fall that the Park & Recreation Commission was ignoring a major leak at the city pool---and keeping council in the dark about that leak---while at the same time demanding that taxpayers come across with an additional $300,000 (to add to P&R's regular $ 700,000 annual budget ) to turn the old pool house into a second community center in the park.


The whole situation made me wonder about P&R’s priorities. Why would investing in a perpetually money losing, 8 week day camp program (their justification for the pool house renovation) be more important than fixing and maintaining a $ 1 million+ capital investment---the city pool?


How bad is the the leak? As council heard last night, it is bad---very bad.


P&R paid to have the pool caulked and repainted (by city service department workers) last year---an expenditure that they claimed was nothing more than routine maintenance. The pool continued to leak.


P&R spent $4,000 this year to have the pool entirely re-caulked, hoping that would fix the leak. It didn’t.
http://www.highlandhts.com/docs/city_council/minutes/2010/04-27-10_council_minutes.htm


Service Director Thom Evans told council last night that the pool lost 6” of water within 3 days of being filled this spring, and that while they have attempted to fix one leak near the pool filtration system, the pool lost 1” of water over last weekend---a weekend in which we experienced heavy rain.


Thepool leak situation is a serious (and potentially very costly) one.


Evans told council during an April 20th Committee of the Whole meeting: “Caulking is our only viable avenue. Otherwise we have to cut out concrete...”


I guess we will have to wait and see whether P&R finally reorders its financial priorities, in light of the fact that none of the “easy fixes” for repairing the pool leak have worked.


I do believe in miracles, but I can't say I’m holding my breath on that one.
end