City Report: Yes There Is Other Stuff Going On Besides The Debate about the OCB

It’s hard to believe, given the ferocity of the debate about what to do with the Old Church Building (OCB) sitting on the City Hall property, that council has had the time or energy to discuss anything else. Actually, there’s been alot of other stuff going on. But first...


CITY WATCH


Item One: Ethics/Conflict of Interest Disclosure Form
Status: Still Waiting To Hear From Finance Director Tony Ianiro
Last spring, the city’s auditor issued a “management letter” detailing several financial-related matters that needed further action and attention. Council’s Legislative and Finance Committee (L&F) discussed the letter at a July 13th meeting (for details, see my July 16th blog).
One of the auditor’s recommendation was to require all elected and appointed city officials to annually fill out and file an ethics/conflict of interest form, disclosing any business interests they might have. If you wonder why such disclosure is important think back to the Tony Valentino/W.F. Hann & Sons situation---where (without council’s knowledge or required prior approval) Mayor Scott Coleman approved payments to former Park Commissioner’s Tony Valentino’s company for work that it did for the city (including at the Community Park) over a three year period.
Finance Director Anthony Ianiro told L&F members that he was working on a disclosure form and that it shouldn’t be too hard to come up with something. It’s been two months. L&F is still waiting to receive a draft of an ethics/conflict of interest disclosure form from Ianiro.


Item Two: Property Taxes and Assessments Paid on Tax-Exempt Property
Status: Some Movement; Still To Be Resolved
Several months ago Councilwoman Cathy Murphy asked Finance Director Tony Ianiro why the city had paid, since 2005, more than $11,000 in property taxes and lighting/sewer assessments on what should be tax-exempt city-owned property (for details, see my July 27th, Part Two blog).
Ianiro’s response was typical---after attempting to dismiss Murphy’s question, he pointed his finger at Law Director Tim Paluf--even though, of course, it was Ianiro himself who received and paid the tax bills.
I am happy to report that there has been some movement to correct this unnecessary expenditure of taxpayer money. Unfortunately by law the city can recoup at most only the last 3 years’ worth of property tax payments. However, the Law Director is now actively pursuing a refund and having the properties listed as exempt on the tax rolls, and the Finance Director is working to remove county sewer assessments charged to the properties.
Once again, kudos to Councilwoman Murphy. Without her, this situation never would have been brought to light--or corrected.

Item Three: “Miscellaneous Concrete” Repair Contract
Status: Unbid Contract Awarded
At the July 13 Council meeting, Service Director Thom Evans informed countil that he wanted to avoid using a public bidding process to award a contract for miscellaneous concrete work in the city. Since state law requires that all contracts over $25,000 be put out to bid, Evans proposed keeping the repair contract just under that amount. His rationale for avoiding the public bidding process---it would slow down the contracting process by “a couple of weeks.” (for details, see my July 18th “Kudos, Unbid Contracts” blog).
Two months later, on Sept. 14th, Evans returned to council with a recommendation to award a $24,651 contract to A.J. Cement---one of two bidders hand-selected by Evans (he contacted just 4 companies).
Yep, we totally see that shaving two weeks off the bidding process was critical here—and a totally valid excuse for avoiding state public bidding laws---NOT.
City Engineer Steve Hovancsek recently noted that because of the slow economy, contractors were submitting much lower bids for work than they had in the past. That certainly proved true with regard to the OCB demolition contract. You have to wonder whether, if Evans had used a public bidding process, the city wouldn't have gotten the same work done for less.

 Item Four: OCB Demolition Contract
Status: Day Five. Has Mayor Coleman Signed the Resolution and Contract Yet?
Council voted 5-2 on Sept. 21st to award Ace Demolition a $ 29,317.69 contract for demolishing the OCB and regrading and reseeding the OCB property. That resolution, like every other resolution passed by council in the last two years, was passed as an “emergency measure.”
While I have objected to that routine practice in the past (and still do), at least Council President Scott Mills offered the required explanation of the “emergency”—the OCB is in poor shape and it needs to be torn down ASAP, before winter sets in.
Normally, Mayor Coleman signs resolutions the night they are passed---after the Council meeting, before he heads for home. In fact, Council Clerk Jean Buchak usually sticks around, to make sure that everything is in order.
Apparently Mayor Coleman left City Hall on the 21st without signing the demolition-authorizing resolution. I guess we’ll have to wait until Tuesday night’s meeting to see whether he has decided to do his duty---or not.



Fiscal Responsibility?

• Park lighting repairs

The Park & Recreation Commission (P&R) is responsible for overseeing the Community Park and its maintenance. By law, Mayor Coleman and the P&R Chair (currently Rocco Dolciato) are required to sign vouchers authorizing the expenditure of P&R funds, and no money is to be spent until a voucher is signed.
At last Tuesday’s L&F meeting, Service Director Thom Evans reported that he had verbally authorized Monaco Lighting to do $1,800 worth of work maintaining the park lights, but that Monaco had actually billed the city $4,600 for its work. When asked, Mayor Coleman stated that he did not have a signed voucher to present to L&F covering the work. Nevertheless, Evans recommended that the bill should be paid in full.
According to Evans, the company indicated to him that the work was going to go over budget, but neither he, Mayor Coleman, Rocco Dolciato, nor Recreation Director Dave Ianiro ever got a firm figure as to what Monaco intended to actually charge the city, nor was a properly signed voucher authorizing the work issued before any of the work was performed.

• Millridge Contractor’s Paving Mistake

Specialized Construction made a big mistake when repaving Millridge Road. It was only supposed to grind down a portion of the concrete roadbed, but ground down the entire roadbed instead. That mistake is a serious one. Concrete road surfaces are much more durable than asphalt ones. The concrete road bed that was mistakenly removed was still in good shape and was likely to last another 10-20 years.
Last week, Brian Mader from the City Engineer’s Office presented the city with an additional invoice for $22,000+, to cover the contractor’s unauthorized grinding work and the labor and material costs for fixing the mistake. Although last week Mader seemed to be recommending that the city pay the invoice (he pointed out that the contractor had performed the extra work and that the project would still come in under budget), he altered his tune under council’s questioning this week. Mader admitted that the city did not necessarily benefit (to the tune of $22,400) from the mistake-related work that the contractor performed.
Law Director Tim Paluf opined that the city was not legally responsible to pay for the contractor’s mistake, and City Engineer Steve Hovancsek said that as far as he was concerned, “To set a precedent to pay for this would be dangerous.”
Neither Mayor Coleman nor any council member spoke in favor of paying the additional invoice.

• Correcting the Administrators’ Pay Ordinance

I previously reported (see my July 27th Part Two blog) that the administrator who gained most from the pay ordinance that council passed in late July was newly hired Building Commissioner Dale Grabfelder. The ordinance increased his 2010 salary from $72,000 to $79,600.
Although Grabfelder could have insisted on keeping the raise because the ordinance was an emergency measure that took effect as soon as Mayor Coleman signed it, he clearly is a classy guy who wants to have an extended career working for the city.
On September 14th, council passed an amended pay ordinance---restoring Grabfelder’s $ 72,000 salary--the salary that he was given when he was hired in February. Like all city administrators, Grabfelder will receive a 2 ½% pay raise next year and a 3% raise the following year.



Wind Turbines--Yes, No or Maybe?

Drilling a gas well was the at the top of his list after Lance Osborne bought the property now known as the “Shoppes at Alpha”. The gas well sits next to I-271, behind the shopping center.
Apparently Osborne wants to expand his energy generation activities at the shopping center. He has put out feelers about installing a wind turbine (energy producing windmill) on the site too.
Next up: the city needs to start investigating safety and zoning issues.
Osborne may be the first, but he won’t be the last. Alternative energy is all the rage and here to stay---Personally, I’d take a wind turbine over a frac gas well any day.  But the placement of turbines in a developed, residential community is problematic. I suspect council will have to undertake alot of research and engage in alot of dialogue with residents before approving installation of any turbines in the city.

Community Calendar
Economic Development Committee meets Sept 30th.
Shredding Day is Saturday, Oct. 2nd.
Leaf Pickup begins Oct. 11th.