END OF YEAR UPDATES

MURPHY REIGN CONTINUES
Council caucused briefly after the December 8th Council meeting ended.
The sole topic of discussion:

 Selection of the 2016-2017 Council President

Not wanting to openly dissent from the foregone conclusion, Councilman Ed Hargate tactfully chose not to participate.

Councilwoman Cathy Muprhy---who admitted lobbying for re-election---got her wish.

She will stay in that chair for the next two years.

Hopefully Murphy will continue to grow in her leadership

It would be nice to see her be more open and relaxed when Council members attempt to raise or press issues she prefers not to deal with.

RUTLAND DRIVE DECK DISPUTE: ROUND FOUR
The neighbors fighting the massive (46' x 16') deck installed a mere 11 feet away from a rear property line have decided to seek help from on high:  the 8th District Court of Appeals.

A notice of appeal was filed on December 8th

It was disappointing that the Court of Common Pleas judge chose to avoid addressing the many factual and legal issues raised in the dispute, but perhaps he figured he didn't need to, as the suit would inevitably end up in the appeals court anyway.

As always, I will keep you posted on the progress of this dispute.

PARK CELL TOWER TO SPROUT ANTLERS?

Quite a few years ago T-Mobile cut a deal with the city that resulted in a cell phone tower being erected in the Community Park.

That happened before the gas well brouhaha.

The tower is “grandfathered,” i.e. not subject to the new Charter provision banning commercial exploitation of the city park. 

You might be saying: cell phone tower? What cell phone tower?

The tower is a “stealth” tower, disguised to look like a tall---as in 110 foot tall---flag pole.

It’s enclosed by a small fence, on the opposite side of the unpaved parking area, across from the pool entrance.

T-Mobile eventually sold the cell tower to a company called Crown Castle, which owns other cell towers in the area.
Two Crown Castle reps came to the December 1^st Committee of the Whole meeting.

The topic: replacing the current “steath” tower with a slightly shorter (105 foot) monopole that will allow use by additional cell carriers.

The reps told Council they would us a “drop and swap” process---they’d build the new tower in the existing fenced area, transfer equipment and then remove the old tower---within a 90 to 180 day time frame.

The main visual  difference: the new pole will have antlers.

Ho Ho Ho!

Instead of being a single pole, the new tower will be branched on top.
And antennas will be visible on outside of tower instead of being concealed within the pole, as they are now.

The Crown Castle reps pointed out three benefits for the city.

• First, replacing the existing tower should reduce the need for new additional cell towers in the future.

• Second, the city would be able to use the towers, free of charge, for its own police and fire communications.

• Third, since the current lease contains a revenue sharing provision, the city should make more money (estimated between $800 to $1,100 more per month) as additional carriers come online.

Mayor Scott Coleman---who has learned the hard way---was justifiably concerned about the reaction of residents living near the park.

He asked Crown Castle to assess the impact of the proposed new tower on adjoining neighborhoods.

The result: where the old tower was visible, the new one will be too.

The company waited for the leaves to fall and then took pictures from Kennelwood and Hawthorne Drives, and the corner of Blair and Hanford Drives.
The current tower is barely visible through the trees from the Williamsburg neighborhood.
It’s not visible from Kennelwood or Hawthorne.

It is visible from Woodside Rd…so the new one will be too.

The next step?

Crown Castle will appear before the Planning & Zoning Commission on December 14^th.
Meanwhile Law Director Tim Paluf will begin work amending the language of the current lease agreement to allow for the new tower.

I wonder if our elected officials will insist on retaining the flag---which the Crown Castle reps indicated would be jettisoned.

In these fraught times, keeping the flag flying might prove quite meaningful to residents.

OVERSIZED DECK DISPUTE

The Common Pleas Court judge tasked with deciding the zoning dispute revolving around the monstrous Rutland Drive deck apparently took one look at the volume of arguments and evidence 

and…….punted

He issued a order, without any discussion or explanation, affirming the Board of Zoning Appeals’ decision to uphold the permit that the city issued…..

for a much smaller deck than the one actually built, as it turns out.

It looks like round three will take place in the 8^th District Court of Appeals.

I’ll keep you posted.

OH THOSE HOLIDAY LIGHTS

The profusion of area residential holiday lighting displays this year is wonderful to see.

There aren't always this many.

I always figured that the displays reflected the mood of the community.

In the dark years following the 2008 real estate market crash, there weren't many lit houses and yards.

Perhaps this year residents are feeling more optimistic about themselves and the economy. 

I hope so.

There has been one exception, one constant, throughout the years though.

The lush, fantasy-filled display erected by my neighbors: Colene and Ivan Rus

Already the traffic is backed up on Hawthorne Drive each night, with cars waiting to spy on Santa.

And I love it.

Where else can you see and hear a 3-D, larger-than-life Santa Claus, busy at work and directing Christmas music....?

It's not to be missed.

MERRY CHRISTMAS!

MINER ROAD RESIDENTS SUCCEED IN GETTING THEIR VOICES HEARD

Apparently the powers that be had a change of heart.

After being pushed off on Engineer Brian Mader---an affable and responsive public contractor---at a meeting earlier in the month, a large contingent of the south-of-Highland Miner Road residents were invited to attend the October 27^th Committee of the Whole meeting to---get this---dialogue with Council about their concerns.

An amazing breakthrough thanks, in no small part, to the persistence of Councilman Ed Hargate.

The residents have lost several feet of front yardage due to the widening of Miner Road. Their newly excavated, almost 2 foot deep open drainage swales now sit very close to the edge of the uncurbed road.

The residents’ spokesperson said:

“I think the safety issue is unbelievable. One wrong move and the guy who plows the sidewalk is going to be in the culvert.

We spend money on the park, on flowerpots.

Highland Heights is a beautiful city.

It’s so ugly on Miner Road.

As for maintenance… There is no way to maintain them (the deep open swales) as far as cutting the grass inside. I will have to stand on Miner Road to do any maintenance.

We were promised tree lawns for years and years. The swales are just not acceptable.”

Mader estimated it would cost between $200,000 to $250,000 to replace the swales with buried piping on the 28 impacted parcels.

A pretty penny, but then again the Miner Road project costs a pretty penny.

Most important in my mind: the safety issue, for residents and motorists alike.

Mayor Scott Coleman’s main concern seemed to be providing effective drainage for stormwater runoff. He asked Mader:

“If there was a solution that included increasing the pipe (diameter) as we go (along that Miner Road segment), would you still have a concern about capacity?”

Mader replied:

“No. If we properly size the pipe, the capacity will increase the flow as we go down.”

Towards the end of the discussion, Hargate weighed in:

 “To me the only viable option is to enclose the swales. I would like Council to authorize the city engineer to develop plans to do that.”

Councilman Bob Mastrangelo and Councilwoman Lisa Stickan quickly supported that idea.

Mastrangelo reported what he saw after visiting the area on his bike:

“There were numerous spots where I saw tire tracks right to the (unpaved) edge of the road. The swales start right there.
It is a safety issue.
There is no room for the mailboxes.“

A Council meeting immediately followed the COW meeting.
On October 27th Council passed a motion authorizing Mader to prepare plans for piping and enclosing the swales on the southwest side of Miner Road (between Highland and Wilson Mills Roads), with a cost estimate for completing that work.

RESIDENTS COMING TOGETHER: SO SCARY?

I passed two Highland Heights police officers when I entered City Hall on my way to the October 27^th Committee of the Whole meeting.

Clearly any gathering of residents is considered a potential threat to public safety....

But a large gathering of residents is treated like a BIG threat

I suppose that’s a reflection of the times.
But I have to tell you.

In the more than six years I’ve been writing this blog I haven't seen a single resident engage in threatening behavior during a Council meeting.

They may get frustrated or angry and raise their voices, or they may clap loudly, cheer or boo when someone else is speaking, but the City Hall setting always seems to engender a modicum of respect in Highland Heights residents.

Nevertheless residents should expect to see a police car and at least one police officer visibly present in City Hall whenever they gather….just in case.

COUNCIL PREZ LOSES HER COOL

The Setting
October 10^th Council meeting.
Immediately after adjournment.

Council President Cathy Murphy to those nearby:

“We never get into conversation. It’s in my rules. I’ll find it. I’ll have to send it to Mr Hargate."

Murphy then storms over to Councilman Ed Hargate, sitting at the Council table.

Murphy:

"Don’t ever be disrespectful like that again."

Hargate: 

"You are dead wrong and you know it. You try to control everything."

Murphy: 

"Enough, enough, enough! I get the last word."

The Backstory

Half an hour earlier, during the public speaking portion of the Council meeting, 3 residents who live along newly renovated Miner Road raised safety concerns about the 20” deep, front yard open swales installed by the city and their proximity to the widened un-curbed road surface.

Kevin Bailey told Council he has 3 large pipes in his yard along with a swale, and because he lives across from a Miner Road business, he’s seen accidents and had more than his fair share of trucks backing up into his yard.
 Bailey told Council that he thought curbs were going to be installed as part of the Miner Road project.
Council President Cathy Murphy told him no.
Bailey explained:

 “My property has had car accidents in it and trucks gouging my yard.
With the way the swales are, and with 3 large pipes…if there are any accidents..the damages could be very impactful.
To leave it in the state it’s in is pretty unacceptable in my mind.”

Bailey wondered what the city was planning to do to address his safety concerns.
Murphy told Bailey:

"I recommend you contact the engineer (Brian Mader) and follow up with him."

Hargate interjected:

"Doesn’t the city have a responsibility to answer his question?"

Murphy responded:

"No, this is just a commentary period. Also I don’t think Mr. Mader (who has been overseeing the Miner Road reconstruction project) is familiar with this particular situation."

Hargate pushed back:

"This isn’t commentary.
This is an opportunity for residents to ask questions. Residents have a right to get a response."

He got no further. Murphy cut him off.
Bailey then asked whether, with regard to whatever follow-up took place:

Will it be placed on the record for other citizens to see it. A lot of (Miner Road) residents will be interested in seeing it.

A pretty sensible request in my opinion…and with the city’s newly updated website, a pretty easy thing to accomplish.

Murphy replied:

It will be in the (Council) Minutes. It will all be made part of this record.

Mayor Scott Coleman then chimed in:

We can ask the engineer to summarize his responses in a memo to Council.

A memo to Council….not to impacted residents.

Two other Miner Road residents spoke after Bailey….and got similar treatment.

Pat Hopkins, a Highland Heights police officer, told Council that many Miner Road residents thought that the old swales would be piped and that they’d end up with tree lawns instead of reconstructed 20" deep open drainage swales in their front yards.  He said:

"Telling us to call the city engineer is unacceptable.
Council needs to take it into their hands….
I don’t think the drainage issue is a money issue. It’s money the city can afford.
We have a proposal we’d like to present.

We have some options that we want to present to council.

It’s not an engineering decision anymore. It’s up to council. It’s up to council to say yes were going to do it or no weren’t not going to do it.”

Minor Road resident Mike Tyne told Council:

"I know we don’t have much of a tree lawn, so we have a big ditch instead.
 One concern I have is my public sidewalk.
Right now there is 8” of dirt before it goes down to the ditch.
I’m thinking what happens when a snowplow goes down street. There is no cushion to hold the sidewalk up.

Does Council have plans to replace the sidewalk because it’s no longer supported by dirt?
That’s the question I have.”

Murphy announced she was moving on with the Agenda once Tyne finished his comments.
At that point Hargate again went to bat for the Miner Road residents:

"I am trying to speak. A point of order.
When do we intend to discuss the Miner Road problem?"

Murphy responded:

We will talk to (engineer) Mr. Mader.

Hargate retorted:

"This is a public Council meeting.
I don’t know why you don’t want to discuss it at a public council meeting.”

Murphy:

"We will follow up. Mr Mader needs to go onsite. We don’t have enough information."

Hargate:

"But you don’t let the engineer answer those questions.
I’m asking when you intend to discuss this issue."

Slamming the door shut, Murphy told Hargate:

"We don’t know. We are moving on."

And move on they did….except for Murphy...leading to the post-meeting dressing-down of Councilman Ed Hargate described above.

WHAT’S THE HARM IN LISTENING?
I was pretty impressed that the Miner Road residents didn’t come to the Council meeting just to complain.
They had come up with ideas and some possible solutions.
All they wanted was an opportunity to discuss them with Council.

A pretty reasonable request in my opinion….but one that, for whatever reason, Murphy was disinclined to grant.

Maybe the Miner Road residents’ suggestions are impractical or impossible.

But it certainly wouldn’t hurt Council to listen to them.
Which leads to the question:

Why was Council President Murphy so against engaging in a discussion and dialogue with the Miner Road residents?

HELLO/GOODBYE BUSINESSES

The new Chipotle on Wilson Mills Road (in front of Kohl’s) is now open.
Too bad they weren’t able to open a month ago.

Residents will have to wait until next spring to dine al fresco on the new Chipotle patio.

There’s been a large “for rent” sign in front of the small business strip near the Bishop/Wilson Mills intersection.
Apparently the beauty salon is moving to another location.
The ice cream shop in the same strip is still there---it just has a new name.

The new signage on the business strip looks great, as does the landscaping.
Nice to see members of the city’s business community investing in their properties and making them look nice.

The Birds!

The warm fall weather brought of flock of what looked like turkey vultures to my street this week.

Here's a beauty shot of two of them, strutting their stuff.