LABOR DAY:TIME TO GET BACK TO WORK

Labor Day marks the end to Council’s month-long recess.

First up on the Sept. 8^th Agenda: a Resolution of Appreciation honoring the city’s long-time Building Inspector, George Wilson.

Wilson, who is retiring, worked for the city for 32 years.

WHAT’S THE “EMERGENCY”?

Also on the agenda for this week's Council meeting:
A first reading of an ordinance, proposed by Mayor Scott Coleman, allowing the city to sell or “dispos(e)” of “no longer needed” city property “by way of internet advertising and auction”.

Two things caught my eye.

First, although proposed legislation is almost always listed as being sponsored by “Mayor Scott. E. Coleman and Council as a Whole”…the mayor appears to be standing alone on this one.
According to the Agenda posted online this morning, he’s the legislation’s sole sponsor.

Second, the mayor has designated this as “emergency” legislation---a designation which carries significant legal significance.
I have to ask:

What’s the emergency?

Will the City run out of money if this property isn’t sold, auctioned-off or “disposed” of ASAP?

Will the company sponsoring the internet auction site go under if they don’t receive City hand-me-downs right away?

The Agenda doesn’t disclose what dire necessity has prompted the mayor to “declar(e) and emergency” in connection with this piece of proposed legislation.
Guess I'll have to go the Council meeting to find out.

ONGOING LITIGATION:
THE MONSTER DECK

The litigation arising from a huge Rutland Drive deck installed 11 feet from a rear property line continues to move forward in the common pleas court downtown.
The deck owners---who didn’t obtain a permit before beginning construction and who never appealed a May 14, 2014 Tear Down Order issued by Building Commissioner Dale Grabfelder---have taken a “no compromise” stand with regard to the deck.
 
They took comfort when---even after acknowledging that proper permitting procedures were not followed---the city’s Planning & Zoning Commission and Zoning Appeals Boards (in split decisions) ruled in their favor…

the majority’s hilarious reasoning being that the city’s 40 foot setback for decks didn’t apply because the after-built, freestanding deck was placed next to an above ground pool.

 The deck neighbors filed the lawsuit, an obvious necessity to protect themselves and the only way, at this point, to get the City to enforce the permit and zoning laws as written….

laws which, in this case apparently, some city officials had no interest in respecting, obeying or enforcing

Zoning laws promote and preserve the high quality residential life that Highland Heights residents expect and enjoy. 
They are intended to protect every resident from overcrowded lots, noise pollution and the like.

Rather than admitting the City’s mistake(s), Mayor Scott Coleman, with Council’s approval and consent, decided to fight the lawsuit.

Taxpayers are now footing the bill as the City defends itself against a situation, entirely of its own creation.
And fight it has.

The City (in conjunction with the deck owners and their attorney) tried to have the case thrown out on the ground that proper procedures weren’t followed. 

The court said no

Next up: an attempt to limit the material the court considers.
It turns out that although it was a hotly contested zoning issue and zoning hearings are digitally recorded via computer, the City didn’t file copies of the hearing recordings with the court.
Instead the record the City filed with the court included summary “Minutes”, prepared by a clerk and approved by the zoning bodies themselves.
There is some question, apparently, about whether the City even preserved the hearing recordings.

Something it should have done because---as shown by the fact that the City posted police officers at the doorway during the zoning hearings---the City was well aware that the dispute might lead to litigation.

The City’s sparse filing prompted the neighbors to ask the court for permission to expand the record and file additional material relevant to the case.
 The City (and deck owners) opposed that request. 

The Court granted it

After the supplemental material was filed----which included sworn affidavits, city Building Department records and Google Earth photographs of pools and decks currently erected in the city----the City (and deck owners) filed a motion to strike.
They called the affidavits “gibberish,” asserted that the Google Earth images had “absolutely no bearing” on the issue at hand, and claimed that the material, in general, went “far beyond the scope” of the court’s supplementation order.

The Court said no, it would let the material stay in the record

Next up: briefing on the “merits,” which should (finally) set the stage for a legal ruling in the case.
That could happen this fall as the neighbors’ brief is due at the end of the month…

Unless, of course, the City comes up with another taxpayer-financed avoidance and/or stall tactic

MORE....WATER, WATER EVERYWHERE…

Residents hoping to read Engineer Brian Mader’s flooding report still won’t find it posted on the city’s website.

It makes me wonder:

Why are our elected officials withholding this public document from residents?

What’s the secret?

Having recently paid to upgrade the city’s website, residents certainly have the right to expect that it will be used effectively, to communicate not just what our elected officials want to tell us, but also what residents have a right to know.

Fear not, blog enthusiasts.

Here is the report:

SOME RELIEF
FOR THE WILLIAMSBURG NEIGHBORHOOD

At last week’s Council meeting (the last one prior to its August recess) Council appropriated $25,000 to cover drainage and flooding-related engineering fees.

First up: cleaning out a water detention basin in the Williamsburg neighborhood and modifying the channels leading to and from the basin.

Engineer Brian Mader reported that there was “sediment build up” in the basin:

 “We found 500 cubic yards of sediment sitting at bottom of the basin. It needs to be removed to restore it (the basin) to its original capacity.
I recommend we install trash racks to keep out debris.
We need to modify the outlet channel so we can do debris catching.  Debris is getting caught up in there all the time.”

The total estimated cost for that work alone: $45,000 to $50,000.
Mader expained:

A large portion of that, maybe $10,000, would be set aside in case the city has to replace a driveway.
The only access to the basin is a residential driveway.

CITY AUCTION:
GOOD DEAL OR GIVING AWAY THE RANCH?

There were a couple of things on Service Department Director Thom Evans’ mind at the July 21th Committee of the Whole meeting.

One was the city’s street sweeping machine.
It’s on its last legs, according to Evans.
Buying a new one would be quite pricey… we’re talking about maybe half a million dollars pricey.
Evans told Council:

I think we can get this year out of it. Next year might be pushing it.

We’re doing a study, looking at our options: repairing it, replacing it , or bringing in a contractor….

12 or 13 years is about the life of a sweeper.
They are very expensive.”

The second thing on Evans’ mind was an auction.
Evans has been working to put the city into the online auction business, through a website called www.govdeals.com.
GovDeals describes itself as:

“A liquidity Services Marketplace.
GovDeals provides services to various government agencies that allow them to sell surplus and confiscated items via the Internet.
Each participating agency has its own auction rules and regulations and may be subject to government ordinances.”

Evans proposes to use the website to:

 “…offload unused surplus equipment.
Any equipment that has a value of over $1000 needs to go through the process of having Council declare it as surplus.
Some type of legislation is required in order to go through the online auction process.
This is what I’d like to do.
I’d like to set an auction to begin approximately the middle of October. I’d like it to concide with the (city) newsletter, to give residents an opportunity to go on and bid.
It should attract a national audience.”

Mayor Scott Coleman asked:

“Who determines the value (of the auctioned items)?

Evans didn’t provide a direct answer, but indicated that he ---not the city’s Finance Director Joe Fillipo, not a professional appraiser---was going to do it himself:

“I haven’t going thru the training yet, but we can set minimum bid requirements.

We have a couple of snowplows that don’t fit our trucks.
I will put what I think is the waste value, based on its scrap (metal) value.
One snowplow truck we will be getting rid of. It would be the 6^th truck in our fleet. That could draw value of a $5,000 to $15,000 price.”

Since Evans would really, really like a new, very expensive street sweeper, the auction might be one way to help finance that purchase.
But while Evans is capable of doing many things, gauging the market and determining retail value of surplus equipment has never been part of the Service Director’s job.

One thing is for sure:

The  city won’t make much money if useable equipment is sold at scrap prices.

It seems pretty obvious to me that Evans…and the city’s taxpaying residents---would probably come out farther ahead if a finance or sales professional determined value and hung the price tags instead.

NOVEMBER ELECTION: CONTEST IN WARD 4

The Cuyahoga County Board of Elections hasn’t posted the final slate of Council candidates for the upcoming November election, but one thing I know for sure:

There will be a contest in Ward 4.

The candidate filing deadline was yesterday.

Scott Mills---former Council President and mayoral candidate---has filed to run for the Ward 4 seat against incumbent Ward 4 Councilwoman Ann  D’Amico.

FORGET ABOUT ME… BUT DO IT FOR ME
Unlike the previous weeks, there was no crowd of residents in attendance at the July 28^th Council meeting to talk about flooded basements.

One resident did, however, speak on the issue: Former Mayor Tom Hughes.
As anyone who regularly attends Council meetings knows, Hughes has never been one to abide by the 3-minute time limit imposed on other speakers during the “Public Speaking” portion of Council meetings.
He spoke for 10 minutes.

That’s record brevity for him.

Hughes, a Millridge Drive resident, told Council:

There is a drainage problem in my area.
It’s been getting worse and now it's getting worser. …

I plead with you to take me out of the equation. Now it’s an area-wide problem.

I am taking myself out of the equation, but I want you to do something for me.

The city spent thousands of dollars to put in detention basins in the area of South of Wilson Mills and behind the nursery.
If the city can spend all that money, they can spend something to invest in our area.”

Unfortunately for Hughes, there is a long que ahead of him.
Lots of residents are looking for similar help and relief.

PARTING SHOT

As is customary, Councilman Chuck Brunello, Chair of the Community Day Committee for the past several years, provided a wrap up of this year’s event at the July 28^th Council meeting.
Brunello called it:

“… one of better ones we’ve had in some time.”

The good weather surely helped.

Brunello gave a shout-out to some of the city’s supporting cast members: Service Director Thom Evans, Police Chief Jim Cook, Fire Chief Bill Turner and their crews.
Brunello said:

“ I appreciate all you guyses’ help.”

And help they did.
The fireworks were great….a pricey but enjoyable treat.

The one thing I keep hearing, though….and not just from Former Mayor Tom Hughes…is:

Bring Back the Parade!

WATER, WATER EVERYWHERE

The Highland Heights Council Chamber---normally quiet and serene in the minutes before the start of Committee of the Whole (COW) meetings—was buzzing with energy on July 7th.

Waterlogged residents came out in force.
They were responding to Discussion Item # 1 on the Agenda:
Area Flooding

I hoped the attendees wouldn’t be taken by surprise by the Council rule:
Residents can listen, but they aren’t allowed to speak at COW meetings.
Just to make sure, Council President Cathy Murphy began the session by declaring:

This is a work session of the Council, therefore we don’t have the opportunity for public comment.
That is reserved for our regular meeting…
Still we welcome you. We are glad you are here.

Residents returned a week later for the regular Council meeting...where they would be allowed to speak.

THE THEME OF THE EVENING: “STAY TUNED”

The message residents received from Council President Murphy at the July 14th Council meeting---for every topic brought to Council's attention---was:

"Stay Tuned"

A resident concerned about the city’s growing deer population was told to “stay tuned” while the city continued to gather information and search for effective options.

A Ford Road resident---whose plans to invest in major improvements in her home were sidelined by 2 incidents of serious basement flooding in the last year---was told to “stay tuned” while city leaders digested a flooding report authored by engineer Brian Mader, due to be filed the next day.

A Jefferson Road resident---who reported that even neighbors with back-flow valves, designed to prevent sewer backups during heavy rain, had water coming in through their basement walls---was told to “stay tuned” to further developments.

Needless to say, the frustration level was quite high.

After all, the recent flooding event wasn’t the first one ever.
It was the second one in less than a year.

WHEN WILL RESIDENTS SEE
ENGINEER MADER'S FLOOD REPORT?

I got the impression during the Council meeting that Mader's July 15th flooding report--a public document--- might be held back until after Council discusses it at this Tuesday's COW meeting.
I sure hope not.
There's no good reason to make residents wait that long.
They are entitled to read Mader's analysis ASAP.

I approached 3 Council members after the meeting, suggesting that the city post Mader’s flooding report on the city’s website.

They all said they thought that was a good idea.

I just checked the city’s website.
Mader’s report has yet to be posted online.

SO WHAT’S GOING ON WITH ALL THE FLOODING?

At the July 7^th COW meeting, Service Director Thom Evans reported:

"The rain event itself (3 weeks ago) involved 2.19” of rain. What is significant is that at the Service Department, we recorded .9 inches of rain in 45 minutes…

The National Weather Service reported that June was the wettest month on record….

Our creeks and streams and basins were already retaining water…

The Highland Road retention basin to the west of city hall overflowed.  That’s the 2^nd time within a 1 year period that has occurred.

The Hawthorne (Drive) basin overflowed.

The Glen Eden basin may have overflowed…"

Engineer Brian Mader explained that in some neighborhoods, road flooding was part of the flood system design:

Road flooding isn’t always a bad thing.
The (water retention) basins are designed to allow a set amount of water to flow thru, with a certain amount of spread (within the basin).  
If there is a super rain (and the basins overflow) there will be standing water on the street for a certain amount of time.

While Service Director Evans seemed focus on water infiltration from storm sewer lines into septic sewer lines as being the source of most of the city’s flooding problem, others---including Councilman Bob Mastrangelo and Mader---disagreed.

And with good reason.
Ford Road---a hard hit street---doesn’t even have storm sewers. 
Clearly infiltration from storm sewers into sanitary sewers isn’t the issue there.

And infiltration didn't explain the flooding on Wilson Mills Road, near St. Paschal Baylon Church.
Mader explained:

A culvert that runs under the road sealed shut because of twigs and garbage that washed down the channel. Once the debris let loose it (the flood water on the road) all went away….

Part of one of the (flood) issues is channel cleaning. Absolutely.

Mastrangelo pointed out that water infiltration from storm sewers wasn’t the issue on Davidson Drive either because the storm and septic sewer lines are far apart. They don’t sit on top of each other there.

I think there’s blockages (in the storm sewer lines)….
(The flooding) is because the storm sewers are backing up. Water off the roof has nowhere to go, so it’s coming up through the drain tile.

Mader outlined what's involved in trying to come up with a flooding solution:

There is a significant difference between water coming in overland, water leaking in and around basement foundations and water backing up thru the sewer drain.
They are all different problems.

Not understanding what each house is experiencing can lead to improving things that don’t need to be improved….

It’s important, when looking for a solution, to understand what the problem is that we are starting with...

When I see list of 10 house with basement flooding I assume its coming through the floor drain. If it’s coming through the wall, those are important things to know so we know what we are looking for, to know how to improve the situation…

There is a totally different way of looking at it if a whole bunch of people have (flooding) than just one.

Mader's comments highlighted a real problem when trying to come up with solutions:
The city’s lack of detailed information about the recent flooding.
He had incomplete information about the total number of residents who experienced flooding, how bad it was, what type of flooding it was, and where they lived.

Mastrangelo—who tends to offer practical advice--suggested that next time a significant rain event is anticipated, the  city use its reverse 911 calling system to communicate with residents, encouraging them to report any flooding problems and telling them who to contact to do that.

THE CITY’S PLEDGE:
SOMETHING WILL BE DONE THIS YEAR

It is clear that, after two bouts of severe flooding since last August, the issue is still very much on the radar.
In fact, many Council members took to city streets and talked to residents about the recent flooding, even as it was occurring.

Council President Murphy told residents at the July 14^th Council meeting:

"We want you to know that we’re very concerned about this.
So stay tuned."

Mayor Scott Coleman pledged that the city would take action---of some kind---the year:

"I agree (with Council) that we would allocate resources to fix the problem, but we don’t know where to do that (yet)…
(Engineer) Brian Mader is putting together a report for us.

I am convinced there are things we can do this year, as opposed to big long term solutions."

 Residents surely hope so.

CRIME REPORT: SHELL GAS STATION ROBBED

I was driving past the Shell gas station at the corner of Bishop and Wilson Mills road early last Monday morning.

To my surprise, this is what I saw:

What I didn’t see---because it had already been removed---was a car that had crashed into the front doors of the Shell mini-mart building.
A store employee confirmed to a source that a robbery had indeed taken place.

The car----presumably stolen and later abandoned---was used as a battering ram to access the building.

We are blessed to live in a safe city with an active and vigilant police force.
Still, as Police Chief Jim Cook tells residents (every chance he gets):

It's always a good idea to keep your doors locked and your garage door down.