Wednesday, November 4, 2015

1999 Master Plan Survey Questions

During the Nov. 2nd committee session, Mayor Sutherland said the Master Plan surveys were mailed from the Cuyahoga County Planning Commission around Oct. 23rd. Council, administration and residents totaled around 20 in the room and no one could say they had received one. Sutherland said they probably weren’t mailed first class and there was a lot of election material coming through the mail too. She said they are hoping to have the surveys returned by Nov. 30th and expect 30% to be returned.

Everyone is curious about the questions in the current survey for the Master Plan. Alas, I do not have those but I have listed the questions from the 1999 quality of life survey that was mailed to 500 residents. Approximately half of those surveys were returned. I have looked at recent (2014) surveys for other cities, and the questions, although tailored to individual cities, are similar to the questions from 16 years ago. I would have loved to tell you the answers but it was too much for me to write/copy/paste. I encourage you to go to the 1999 Master Plan and read the answers. You have to scroll down to Appendices A.3 – about 200 pages. It is worth a read.

1. How would you rate the following services? EMS, police, fire, leaf pick up, garbage, snow removal, library services, public transportation, street lighting, sidewalk, roads.

2. What types of improvements or programs would you like to see instituted to make your neighborhood more desirable?

3. Please rate the following issues based on your home and neighborhood: Access to highway, safety, fire and police, convenience of shopping, rating of neighbors and appearance of neighborhoods.

4. Rate recreation services

5. Recreation options

6. Where do you purchase the following goods or services?

7. For those items purchased outside of Bay Village, in which communities do you shop?

8. What additional retail and service establishments would you like to see in Bay Village?

9. What improvements to the Bay Village Commercial Districts could be made to make them more attractive for shopping?

10. In which city do you work?

11. How often do you use RTA buses or rapid transit?

12. If you use RTA buses or rapid transit, what type of trips do you use RTA service for?

13. Please indicate which of the following would encourage you to use RTA’s services more frequently.

14. Please rate how important you feel it is for the City of Bay Village to provide the following services with respect to tree lawn trees.

15. Are you, or anyone you know, interested in elderly housing within Bay Village? If so, what types of housing would be of interest?

16. 17. 18. 19. How many years have you lived in Bay, how many people in your household, why did you move to Bay? Are you considering moving within the next 5 years? If so, why?

20. Would you support the development of alternative types of housing such as cluster homes, condominiums or townhouses, in Bay Village?


21. What do you consider Bay Village’s strengths and weaknesses?

Master Plan Survey

It is of utmost importance that you respond to the survey regarding the Master Plan - if you were one of the lucky random residents to receive one in the mail. As a wise man said “The Master Plan needs to reflect what the residents want their community to be. Other than the Charter, there is no more important document for a city.”

Anyone here receive a survey? I did not or I could tell you all about it.

On 10/23 this was part of the Mayor’s email: “In preparation for updating our Master Plan, Cuyahoga County Planning will be conducting an opinion poll to get your input. They will be mailing 1,200 surveys to a random sampling of residents. The surveys should be in the mail today and will reach homes next week. If you receive a survey, please fill it out and mail it back to County Planning in the enclosed, postage-paid envelope. Your input is important to us as we begin this very important community planning process.”

A master plan is a document that shows recommendations for how a city should go forward concerning areas such as housing, economic development, and community services, to name a few areas. Based on demographics, geography and other factors, the results of the opinion survey created by Cuyahoga County Planning, are used as input and help in developing the goals for a new master plan.

The last Master Plan for the City of Bay Village was done in 1999. You can view it here:

Monday, November 2, 2015

Miscellaneous

During a budget discussion at the 10/19 meeting it was acknowledged that major problems and priorities in the coming year will continue to be the sewers along with street construction, maintenance and repair.

Taken from Meeting Minutes: “Mayor Sutherland stated that sewer flow testing will be done in 2017. Because it is the third year, the City can go back to the committee to see if it can be done a year early. There is a meeting in November and they may approach them at that time. Mr. Koomar stated that he thought the agreement was to come up with a new idea on the way in which we flow test. Mayor Sutherland stated that is all part of this. If we wait for the third year, it is paid for by the Rocky River Wastewater Treatment Plant rather than having the City spend $100,000 for a flow study.”
And just for fun: Motion by Tom Henderson to approve the request for approval of 2016 Bay Days. Set up - Tuesday June 28, and Wednesday June 29. The event beginning Thursday June 30, and extending through Friday July 1, Saturday July 2, and Monday July 4, with fireworks on July 4, 2016. Rain date for fireworks on Tuesday July 5, 2016. Motion carried 7 Yeas-1 Nay (Mayor Sutherland). The mayor is not opposed to Bay Days, just having a rain date, because of the difficulty of scheduling and overtime.

Sunday, November 1, 2015

Amy Mihaljevic

I can remember 26 years ago when Amy Mihaljevic was taken from Bay Village never to return. It was not for lack of prayers or wanting or genuine efforts put forth by our community, police and FBI. It was because she innocently walked away with a killer.

In 2013 retired FBI Agent Phil Tornsey was hired by Cuyahoga County Prosecutor McGinty to work part time on Amy’s case. I have never kidded myself that just because I live in Bay these things couldn’t happen, yet this was shocking to the core, it was personal. I am all for my tax dollars going to solve this.

26 years later where are we with this case? Two years of Tornsey, who has impressive work under his belt, where is he with this case? We do not hear much. Anyone living here in 1989 has never forgotten.


If you think you have any information and as law enforcement will always tell you – even if you think it is nothing, please call Bay Village Police Department at 440-871-1234 or the FBI at 216-522-1400.

Crossing Guard Recognition and Cahoon Park Fitness Track Recognition

The Council Meeting of October 19 paid special recognition to the Bay Village School Crossing Guards.

Bay Village School Crossing Guards:
Rose Quarick (34 yrs.); Joe King (25 yrs.); Audrey Weil (24 yrs.); Nicki Hazeldine (15 yrs.); Mike O’Boyle (14 yrs.); Bob Specker (11 yrs.); Dick Ormsby (6 yrs.); Robin Scobee (6 yrs.); Dianne Mueller (4 yrs.); Bonnie Wilson (4 yrs.); Laura Berry (2 yrs.); Ronald Lorenz (1 yr.); Leah Seitz (1 yr.); Frederick Steele, Jr. (1 yr.); Mary Frances Steiner (1 yr.)

The Council Meeting of October 5 recognized Sponsors for the Cahoon Park Fitness Track.

Mandy Singh and David Price - Perfect Fit Health Club; Jeff and Rosie Johnson - Arthur’s Shoe Tree; Kelly O’Hara - Highland Consulting Associates; Russ Bauknecht -Bay Village Kiwanis; O’Neill Healthcare; Al Paulus - Bay Village Foundation. The Bay Village Foundation also served as the financial intermediary for the project. Barry Tyo and Clete Miller brought the idea forward and saw the project through. “The Cahoon Memorial Park Trustees were also recognized for their good insight for selecting specific locations and making sure the details were aligned with the desires of the park on a long-term basis.”

School No Turn on Red Signs to be Updated

Bay Village will begin changing the existing all-day no turn on red signs to signage with designated before and after school hours. The plan will also add 6 signs at new intersections. The ordinance was on first read 10/19. Thirty-six signs will cost $1,800. “There is no money in the sign budget, so council will have to find the funds somewhere else, Safety-Service Director Scott Thomas said.”
Until the ordinance has passed and new signage appears, you should still follow the existing ordinance of 7:30 to 4:30 where signs are posted. New intersections to include: Bassett and Wolf; Bradley and Wolf; Douglas Drive and Wolf; Dover Center Road and Donald Drive; Dover Center and West Oviatt; and Bassett and Ashton Lane.

Fire Department Mutual Aid

Mutual aid response statistics were discussed 10/12. Bay Village Fire Chief Lyons reviewed the assistance given and received by the Bay Village Fire Department to our immediate neighboring cities from 1/1/15 through 8/31/15. While Bay Village runs at a deficit, Lyons believes the benefits we receive in return are fair. Council President Koomar expressed concerns that the numbers tend to “creep up”. “As other cities around us continue to grow and/or age, will this trend continue? When does this imbalance become a public safety issue? As Chief, how do you monitor this, and are there ways to make sure that mutual aid is still mutual?” Chief Lyons stated that the dispatch center will not call upon Bay Village if they are otherwise occupied. He iterated Bay Village is his first priority and they can and will decline so as not to put our residents at risk. Lyons stated this has been the trend for the last 5 to 7 years.

The aid Bay Village provided for surrounding communities was mostly emergency squad medic runs. Bay Village received mutual aid 28 times. Westlake obtained assistance from Bay Village 34 times, Avon Lake 13 times and Rocky River 12. 

The largest deficit is with city of Westlake. Our mutual aid relationship with them includes the Westlake service garage as the designated emergency operations center. None of our city buildings fit the requirements for an emergency operations center, required by the county as a place set up for administrative headquarters in the event of a disaster. Bay Village and Westlake are registered as the two cities for that center. Our pumps are sent to Westlake for an annual certification testing, a process which takes all day and involves a pit that would cost Bay “tens of thousands of dollars” to install. Westlake has a pit for this purpose and there is no charge for Bay Village to use it. The Bay Village fire fighters use their recreation center, off duty, for rescue swimmer training six to seven months of the year. Chief Lyons values their partnership as a mutual aid city.

Friday, October 30, 2015

Review of Emergency Communication Plan

After a June council meeting when many had issues with basement flooding, I wrote this: During last week’s storm people needed help and wanted answers. Because of Superstorm Sandy in 2012 residents prompted the mayor to work on an Emergency Communications Plan and to create a Task Force. Today we are almost 3 years past that superstorm and I asked, in June, what happened to the plan. The short answer Sutherland gave me and the nearly 50 other residents in attendance was that she “is still working on it”.

On October 12th the Environment Safety and Community Services Committee met to review the recommendations of this Emergency Communication Plan.

One piece of information no longer valid is Nixle. The city and residents now utilize Ready Notify. Ready Notify is a mass notification system used by municipalities in Cuyahoga County. “Its primary use is for emergency notifications, when rapid and accurate information is essential for your immediate safety.” You can read about and sign up for Ready Notify here:

Of course there are other safety measures in place that the police and fire department must review and keep up with, but it was Sandy, the flooding and a recent gas leak that had frustrated residents pointing out there are some key missing actions when an emergency occurs.

The basic steps outlined in this plan during an emergency event:
Mayor’s email blasts
Ready Notify
Activate social media through the Police Department as they have a Facebook page and the department is staffed 24/7
Activate messaging team
Pop-ups on city website
Communicate using sign boards at City Hall and Board of Education. The Recreation Department sign will be replaced with electronic signage.
There was discussion of a neighborhood ambassador program. This relied solely on volunteers. There is no formal program as the feeling was this unfolds naturally when an emergency arises.


Behind the Times

How long would it take the city to implement video, televised, and live stream council meetings? Every time I see something like the linked article, I get inspired anew and then I shake my head. Who knows if it is just election talk in Beachwood, but that council wants to move forward with televising and live stream council meetings to include call in or mail in questions.

Bay hopes to have their new recording equipment in place by the end of the year. Every time a concern pops up it seems to go back to the drawing board for weeks. This has been discussed and planned for nearly two years now – and this is just microphones and audio. 

There were several good points in this article. My favorite: "If we're going to effectively communicate, I guess the way to do it is streaming and having meetings available (on video)."

MashUp from Recent Meetings


(10/17 FB post) I, like so many of you, have this thing called a day job. I do not always have the time to share my ponderings about the meetings I attend. We live in an era where there is this thing called a mashup – defined as “a mixture or fusion of disparate elements”. From various meetings beginning September 14th through October 12th, in no particular order, enjoy my mashup.

Microphone Project: (10/12) A review of the equipment fact sheet proposal by JAVS.

The entire system is controlled by a tablet or pc. The League of Women Voters is willing to add the cost of the tablet to the current equipment estimate of $17,957. If the city approves the proposal, the LOWV will meet to revise their budget and change the amount of the donation to include the tablet. Bravo!

The system can be extended to include video without a lot of additional equipment; it would require a software upgrade.

The Mayor stated (9/21) that the project would include wiring the conference room and having 2 microphones that would come in and out with the Clerk of Council. This proposal showed microphones would be mounted. Because of the privacy concerns of Mayor Sutherland, Paul Vincent is seeking more information. You can review the entire proposal here: http://www.cityofbayvillage.com/media/277853/2015_-_services__utilities_committee_minutes_10-12.pdf

Tale of Two Ordinances: Ordinance regarding Unsolicited Publications and an Ordinance regarding sidewalks to be cleared of snow and ice.

The Unsolicited Publications Ordinance came about as a result of a couple of complaints about snow blowers hitting phone books that had been tossed in the snow or covered by snow and the residents not knowing they were there. Westlake created a similar ordinance that was defeated.

Ordinance to have the sidewalks cleared if a resident failed to do so and the cost of such had been the topic of much discussion. A resident raised the concern that the current draft of this ordinance did not address corner lots. Once a resident shovels and the service snow plow truck piles back on, what is the fairness of requiring a resident to remove it? The fees, if the city had to remove snow after a resident had been warned were heavily debated.

The mayor, the law director and some members of council sited residential snow removal as a safety issue for children around the schools. It may be a safety issue for dog walkers and joggers, but I can tell you – living where I live, I know that when a flake falls, children are driven to school save for very few, if any walkers.

Both ordinances were removed at this time. Steve Lee stated he believed it beneficial to learn from our neighboring communities about programs that work rather than go forward with something people are not comfortable with.

Online Ordinance Codification: The Walter Drane Company has updated the city’s ordinances for 2015. Paul Vincent had proposed the city change to Municode. Mr. Ebert stated the city has used Walter Drane for a long time and would like them to have an opportunity to make a presentation.

Erosion of Glen Park Culverts: A resident spoke at two meetings about this concern on his property.
Service Department: Due to General Foreman Gordon Evans retirement, the new supervisor will be David Banjoff. Also, the sewer maintenance supervisor will receive an increase because he will be placed on call. Scott Thomas feels it is important to have 3 supervisors on call instead of 2. Tom Henderson thanked Mr. Thomas for the job descriptions included with ordinance.

The city is required by the state to begin taxing gaming winnings even though Bay Village is a charter city.

The Green Parking Lot Project began October 6th with hopes to be done in 4 to 6 weeks depending on weather.

Bay Days fireworks and rain date approval: The mayor has long been opposed to a rain date due to the coordination of staffing issues and overtime. If there is no rain date and the fireworks are cancelled due to weather, the fireworks company retains half the cost and the other half of the money goes to the fireworks fund for the next year.


Tis the season for budget and finance discussions…

Wednesday, October 14, 2015

In the Dark, Not Always a Bad Thing

As Dwight Clark once said, “Time for our favorite part of the meeting – audience questions.” It is a time during council or committee sessions for residents to voice concerns or ask questions in a forum where it becomes public record. Last night, a young couple, along with their school aged children addressed an issue that continues to affect their family. They attended to state “complete and total dissatisfaction with the way the ordinance complaint was handled”. They wanted the city and council to understand what went wrong and why. They still have concerns and looked for assurance that expectations going forward would be met.

This family of four has resided for 15 years near a school building that recently underwent a renovation. As an abutting property they should have received notice of a public hearing regarding construction. They did not receive notices of any kind from the city. “We clearly would have attended because we have had this issue in the past.” The issue and the ordinance they refer to is 1176.08 LIGHTING. “Sources of light for illumination of structures, off-street parking areas, off-street loading areas or any other light sources shall be shielded so as not to be objectionable or hazardous to occupants of adjacent property or users of the public streets.”

Observing the construction progress this summer the residents knew that the lighting being installed would cause a problem. They had experienced the same issue a few years ago when improvements were made to the school lot and after getting nowhere then, the city stepped in. There was an inspection and it was found to be in violation.

This July as soon as they realized they were adding two more light poles – going from one to three, and already familiar with the impact of one, they reached out during the construction phase to John Cheatham of the building department; who in turn contacted Daryl Stumph, Assistant Superintendent of Operations for the schools. The residents were told if there was a problem after installation to let the city know. Mr.Cheatham conveyed that Mr. Stumph stated they would not be adversely affected. After installation, he stated that the lights are LED and shine down (as opposed to being broadcast). Mr. Stumph and the architect looked after dark and said the street lighting is more aggressive on the house than the parking lot lights. The mayor contacted Clint Keener, School Superintendent to resolve the issue because it is on school property. After the residents had an exchange with the building official, and asked that he review the complaint in person, he decided –without looking at it, there was no violation of code - and refused inspection. It was their council representative that eventually got the ball rolling to get the fabrication for the lights.

This brings us to the point where shields will be installed for the lighting facing their property. They are grateful for this but remain unsure the issue will be resolved. They are concerned over the specs of the work order and whether they have researched and studied the angles and lengths of the shields. They are concerned their property value has been compromised. They feel if the process had gone the way it should have this could have all been avoided.

They requested to be made aware when the inspection will take place so they can be present.

They appreciate those that put forth an effort to assist.

A complaint was submitted to Safebuilt and never acknowledged.


This is another issue that – pardon me – sheds light on several problem areas and attitudes in our systems. This time it is not just the City, but the Board of Education as well. It is frustrating when, as a resident, you do what is expected of you to be a good neighbor but do not get the same respect in return.

Wednesday, October 7, 2015

More Sewer Notes

A compilation of notes from the 9/24 sewer meeting and 9/28 committee meeting re: Bruce Douglas Russell.

Service Director Scott Thomas and CT Consultant Bob Greytak explained the testing, project and plans for the area. Recent tests show how each house’s private drain is connected to the sewer system. The results of computer models show existing sewer infrastructure does not have the capacity to drain water at a rate that meets the homeowners’ expectations. Also, people’s expectations of the dryness of their basements have changed over time given there are more finished basements now. The amount of rainfall is changing. For every 50 linear feet of publicly owned sewer, there are as much as 300 feet of privately owned drains feeding into that.

Mr. Thomas discussed the next steps, timing, costs and financing, he noted the guidance was preliminary and subject to change. It may take multiple years because of budget cycles. Mr. Thomas suggested a group of 5 people to serve as neighborhood representatives, but not all audience members liked the idea.

Other areas face the same difficulties.

Audience feedback: Belief that the selection of their area for improvements is unfair. Belief the engineer’s recommendations will not create results. Belief that homeowners should not be responsible for paying for improvement but the cost should be paid by the city and shared among all taxpayers.

At Monday’s meeting a resident from the area and in attendance on the 24th commented: A lot of people were upset and want this project to move quicker. He understands not everyone will be satisfied and they need to find a happy medium. It is cost prohibitive to design a system to collect rains for a hundred year storm. The frustration level is that it has been so long and nothing has moved forward.

Also on Monday, Paul Koomar asked when engineering might be wrapped up on this and wants a time frame from CT Consultants. CT Consultants has not put together an RFP (Request for Proposal).


Thank you to everyone that contributed to these notes.

Friday, October 2, 2015

The Downspout Ordinances

From 9/28, Monday’s Public Improvements Street/Sewers/Drainage Committee and Committee Meeting of Council regarding Amending Ordinance 913.08 Downspouts, Roofs and Yard Drains and 913.11 Corrective Order and Expenses. Several other issues were covered – I’m writing as fast as I can.

Council at Large Steve Lee spoke to a point that has been discussed before. Many of us have said this and it was good to hear it again from a council member. In regards to amending the ordinances concerning downspouts, etc., he would like to encourage the mayor to consider the idea of a committee of homeowners. "We are trying to creatively manage storm water and the idea is to be involved in this process with different options and not just for council to do this. We have a lot of great experts in this town and I’ve been approached by 2 people, both engineers, who expressed an interest in being involved in this and looking at creative ideas in different methods in managing storm water. Not a short term thing but a long term thing and I would like to encourage use of some of these experts.” He felt this important since the discussion is about managing storm water on the homeowner’s property. He said it is not a committee that is going to help develop a master storm system.

913.08 The ordinance reads: Downspouts, roof and yard drains shall not be connected to any sanitary sewer.
The proposed amendment would add: The disconnection of downspouts for splash boxes, rain gardens, rain barrels or other devices may be permanent provided that no discharge flows onto adjoining properties or public sidewalks. Splashing of downspouts requires a minimum distance of five feet from the house, five feet from the adjoining property and shall be located on ground level.
Discussion included questions of whether an inspection fee or permit will be involved. To just disconnect the downspout – no; If the project became more complex as in a cross connection and you have to dig, etc. a permit is required.

Tom Henderson suggested implementing an incentive for people to disconnect.

There was discussion on how to avoid rain runoff and buffering of property so as not to cause problems for neighbors. Steve Lee: “We do not want to create new problems for our neighbors when we are taking steps on our own property.”

Why a 5 foot distance from structures? It is an engineering recommendation. Every property is different.

A resident questioned the placement of five feet, which is not a lot of space between some of the houses in Bay. If you run it 5 feet straight out, front or back it will go onto impervious areas creating the potential to flood. We already have an ordinance in place stating you cannot direct your spouts into your neighbor’s property.

An audience member expressed that the problem still comes back to the sewers not being large enough to handle storm water to begin with. So everybody disconnects and now it goes down into paved areas and streets and it will be the same problem with water coming back into the houses.

Steve Lee presented a resident’s suggestion that the city use its purchasing power to buy rain barrels, etc. so residents can obtain a discount. The mayor advised that rain barrels are currently available for purchase through the county. Others expressed that a discount was not the only reason for the city to purchase but also, for the effectiveness and continuity.

Tuesday, September 29, 2015

On The Matter of the Sculpture


If you do not want to hear another word on the sculpture, stop reading now. It was never the look of the sculpture, or the fact that someone wanted to give the city a gift that I took issue with, so all of you implying that – stop it.

It was the procedure, or actually the lack of procedure that I addressed.

I am clear there are more important issues surrounding us. 1158 – Attached Housing, 1129, the City’s Master Plan, downspouts and flooding to name but a very few. To be honest, these things get complicated and confusing and often times I hesitate to write about them because of that. This is why, a saga, like the sculpture where the story line is clean and apparent can be used as the example.
Change the word sculpture with any of the other issues and the principle remains the same. If administration cannot follow a donation properly, it concerns me that we trust them with the heavy decisions like 1158, 1129, the City Master Plan….

The mayor said tonight that she knew there was discussion by council to possibly move the sculpture to another location in the city. And, that they were planning on putting landscaping around it, but they will hold off on that in case council decides to move it. So at what point was landscaping decided on – before or after they did or didn’t know the sculpture was there?

I overheard the mayor say tonight that they know who placed the sculpture and there will be no repercussions – it was an honest mistake. She believes it got blown out of proportion. It is fair that many of you agree with her.

I am glad there will be no consequences for the service employees involved. When I said I hope someone was held accountable, I never meant someone from the service department, I meant the mayor.

Call me crazy but I think she gets it. I don't know if it will change anything but this was more than just a mystery, I'd like to believe it was a good lesson.


Updates soon on 1129, 1158, the Master Plan, etc and so on.

Sunday, September 27, 2015

A Sunday Funny

In the year 2013, the Lord came unto Noah, Who was now living in America and said: "Once again, the earth has become wicked and over-populated, and I see the end of all flesh before me. Build another Ark and save 2 of every living thing along with a few good humans."

He gave Noah the blueprints, saying: "You have 6 months to build the Ark before I will start the unending rain for 40 days and 40 nights."

Six months later, the Lord looked down and saw Noah weeping in his yard - but no Ark. "Noah!," He roared, "I'm about to start the rain! Where is the Ark?"

"Forgive me, Lord," begged Noah, "but things have changed."

"I needed a Building Permit. I've been arguing with the Boat Inspector about the need for a sprinkler system."

"My homeowners association claims that I've violated the Neighborhood by-laws by building the Ark in my back yard and exceeding the height limitations. We had to go to the local Planning Committee for a decision."

"Then the City Council and the Electricity Company demanded a shed load of money for the future costs of moving power lines and other overhead obstructions, to clear the passage for the Ark's move to the sea. I told them that the sea would be coming to us, but they would hear none of it."

"Getting the wood was another problem. There's a ban on cutting local trees in order to save the Greater Spotted Barn Owl. I tried to convince the environmentalists that I needed the wood to save the owls - but no go!"

"When I started gathering the animals, PETA took me to court. They insisted that I was confining wild animals against their will. They argued the accommodations were too restrictive and it was cruel and inhumane to put so many animals in a confined space."

"Then the Environmental Protection Agency ruled that I couldn't build the Ark until they'd conducted an environmental impact study on Your proposed flood."

"I'm still trying to resolve a complaint with the Human Rights Commission on how many minorities I'm supposed to hire for my building crew."

"The Immigration Dept. is checking the visa status of most of the people who want to work. The labor unions say I can't use my sons. They insist I have to hire only union workers with ark-building experience."

"To make matters worse, the IRS seized all my assets, claiming I'm trying to leave the country illegally with endangered species."

"So, forgive me, Lord, but it would take at least 10 years for me to finish this ark."

Suddenly the skies cleared, the sun began to shine and a rainbow stretched across the sky. Noah looked up in wonder and asked, "You mean you're not going to destroy the world?"

"No," said the Lord. "The Government beat me to it."


(author unknown)

Friday, September 25, 2015

Sewer Update

“At the Sept. 14 (Committee Meeting of Council) Director of Public Safety Scott Thomas reported that since June 15, 2015, the Sewer Department has responded to 227 homes within the City, personally. But they have also hired an outside company to clean the main line from Walmar Road at Wolf Road, all the way to Bay High School, where it shoots over to the Huntington Long Beach Life Station. In that time, they have cleaned 8,850 feet of line, ranging from 8 to 15 inches. They have cleaned everything out from mop heads, underwear, bricks and plaque, one being as large as 13 by 15. Pieces of metal were also found in the lines. Cleaning those lines has made a significant difference in the line of Wolf Road.

The Sewer Department Crews have cleaned 11,785 feet of lateral sewer on the private side since June. They have filmed 640 feet of storm lateral sewers on private property. They have filmed 1,980 feet of total sanitary main line, and 10,141 feet of storm main line, including Walker Road, Walmar Road, Timberlane, Mancherster, and Bradley Road. They have flushed 10,500 feet of sanitary main lines, and 1,700 feet of storm main lines. In addition, on Bradley Road, at Huntington Woods, the Sewer Department found a particular problem area of 354 feet that shoots laterally from Bradley Road over to Lake Road and removed 4 yards of debris.


Mr. Thomas commended the Sewer Crew for the job they have done. They will continue with the cleaning and also develop a 5-year plan to address any particular problem areas they are seeing.”

Wednesday, September 23, 2015

Council Votes to Accept Sculpture Donation

Paul Vincent: Did we pour the concrete? Scott Thomas: Yes.
Vincent expresses concern over the safety.

Mayor: We can take a look at it. I also wanted to mention when this got installed, I just wanted to say, it was installed without my knowledge and Scott’s. We try to foster creativity and initiative down the ranks and I think somebody did that and they forgot about the process that we have at the top. So, it gives us an opportunity for a little training and we can certainly take a look at stabilizing that.

Dave Tadych: Who picked the spot?
Mayor: Well Dave we don’t know.

Paul Vincent: If we do accept it can we decide on a different locale? It’s up to us right?
Mayor: Yes. You can talk about what you want to do.

Me: I was at last week’s meeting and I listened to the recording three times and what was said this evening about the sculpture and what was said last week are different stories. I am a little upset by it because I think it is indicative of how we get around things. I don’t know which version is true but I certainly hope that - because in either version procedure was bypassed – council holds somebody accountable for what happened with the sculpture.

Another audience member: We know that someone actually put the statue and the concrete around. Have you talked to those gentlemen? Scott Thomas: What we have done, I’ve had a short conversation and I’m still backtracking to find out how myself and the mayor didn’t know about it.

I don’t think it is any longer a discussion about taking the sculpture down or where to move it or by who and how it got placed as much as it is to acknowledge that no matter who ends up taking the fall - the ultimate responsibility is on the city, “the top”, and the violation of the ordinance. Yet, the resolution last night was accepted by 5 of 7 Council/ Cahoon Park Trustees. Karen Lieske and Tom Henderson voted no.

The resolution reads, in part, “The Council hereby accepts the donation of a wooden sculpture to the City of Bay Village Recreation Department with an estimated value in excess of $100.00.” I confirmed this morning that the ordinance has not changed. If the donation is “in excess of $100.00 it shall be submitted to Council…or forwarded by boards or agencies receiving such offer.”


As the mayor stated last week she was approached by the artist. She looked at it. It was on her to “submit to Council” or the Cahoon Park Trustees. It no longer really matters if you believe some service dept. people acted on their own which is probably highly unlikely. What matters is the city ignored the ordinance and the council members that voted yes - also ignored the ordinance.

Tuesday, September 22, 2015

The Sculpture Charade

Comedy of errors? Magical elves? A slip into the Twilight Zone? No one in your city administration knows who placed the sculpture at Bay pool. Last week Scott Thomas didn’t know. At tonight’s (9/21) meeting he still didn’t know. He said he is back tracking that information. Last week the mayor knew all about it, this week she assumes no responsibility and she no longer knows how the sculpture got there. I have been sitting at this keyboard for 2 hours not knowing what to say or how to say it. So, I will go sleep on this and fill you in tomorrow when I am not so - Upset? Disgusted? Disenchanted? Confused? Curious? Perplexed? All of the Above.

Tuesday, September 15, 2015

Art Donation Bypasses All the Rules

The city bypassed the Cahoon Memorial Park Trustees. This summer a sculpture donated to the city was erected by the pool. The city has a process for accepting gifts and donations. It came as a surprise to some council members that this process was not adhered to. The city could claim that the value of the gift does not exceed $100 per the ordinance; therefore it did not need to go before council or Cahoon Memorial Park Trustees. Gary Ebert commented “We are not the people going to make the dollar value determination.” The wooden sculpture stands almost 6 feet plus a cement base. The artist puts the value on the work. Would the artist say the value exceeded $100?

Paul Koomar stated that normally we give approval prior to things being installed “but this popped up over the summer, so with the timing and so…” However, the mayor commented she knew about the gift for a year and a half; ample time to put it before council per the ordinance. When asked who placed the statue, the mayor said our service department did. Scott Thomas (Director of Public Services & Properties, & Safety Director) was unaware that his staff set the sculpture.
Karen Lieske questioned the terms of the process and the great pride and care we take regarding signage, etc in keeping with the Bay Village theme. She asked if someone came and presented any type of drawing before the sculpture was installed. Sutherland: “No.” She stated the artist created it and offered to donate it to the city and we went to look at it and tried to find an appropriate location for it and “the pool is the lucky winner.” Karen was also concerned about what this might mean if someone else came forth and wanted to put something in the park. Concerns were raised over the safety, the hollow base.

Tom Henderson asked if we have a normal process for accepting art. The mayor said “Um well we have a process for accepting donations.”The deed of gift will be presented next week when council will vote on acceptance only, not whether to keep it or not. The vote is merely a formality at this point since the sculpture is already set in stone – literally.

The ordinance reads: 103.05 ACCEPTANCE OF DONATIONS AND GIFTS. (a) All offers of property and/or services to be donated to the City having a value in excess of one hundred dollars ($100.00) shall be submitted to Council by the donor or forwarded to Council by the boards or agencies receiving such offer for acceptance by Council on behalf of the City. (b) Satisfactory assurance must be received by Council that the donor has the power to make such a donation and that, if property is involved, it is fully paid for or satisfactory arrangements have been made for payment. (Ord. 66-161. Passed 2-20-67.)




Monday, September 14, 2015

The League of Women Voters steps up again

Due to the ongoing generosity of the League of Women Voters the city no longer has to concern themselves with city funds being expended for a project they seemed less than happy about. When it comes to the recording equipment, getting the cheapest estimate or cutting services is no longer going to happen. Tonight League President Claire Banasiak announced the League will pay the entire amount for the recording equipment, “As a benefit to the residents”. This announcement brought smiles to the faces of city council. The residents are fortunate the League took the steps that will secure quality equipment meant to last and with the ability to grow in the years to come, along with honoring the original intent of the gift. Many thanks to our local League of Women Voters.

Keep your ears open

A behind the scenes comment was heard at the August 17th Special Meeting. While council and the mayor were leaving chambers to attend executive session, someone made a comment regarding the vote for the city hall parking lot. The mayor was overheard saying “Just wait until they find out about the water”. Unknown what this means or is in reference to. Council will resume regular meetings on September 14th. Maybe the meaning of this comment will reveal itself in the upcoming Monday sessions.

Saturday, September 12, 2015

Audio Equipment - Committee Concerns be Damned

Live audio feed and video was discussed last night (8/17/2015) during the Services, Utilities and Equipment Committee meeting. The finance director did not think it was important to get the option for video. She stated “I don’t know if we want to go to that point with the extra money.” She didn’t feel she could justify the expense for video. She believes the original goal of audio recordings on the website along with microphones and speakers for council chambers has been researched as she has sought 3 to 5 quotes. Committee members comprised of Paul Vincent, Dave Tadych and Karen Lieske would all like the video option for down the road as Vincent said “it’s not a whole lot more money”. Trying to get video later may require a new system and more expense.

When asked about live feed, Mrs. Mahoney said “…it will always be after the fact just because if someone swears or something we want the ability to remove that.” And the hair on the back of my neck stood up with the mention of editing the recordings in any way for any reason. Alex Dade, representing the League of Women Voters was quick to point out that the FCC does not control content on a website.

Along with the options and prices, the committee would like to hear some sample audio from these companies and to find out who our neighboring cities are using, what services and are they satisfied with the performance.

There was talk of meeting again on Sept. 14. I hope the committee does not lose sight of the intent of the gesture from the LWV and stays firm in not only what they want but what they know the public wants and deserves. (end of this Facebook post dated 8/18)

(8/27/2015) I’m tired of the recording equipment project dragging on too, but when someone, in this case the League of Women Voters, gives you $10,000, you should probably do what is asked of you.
Imagine my surprise when I read in the Westlife yesterday that the mayor “signed a purchase order for $15,953 to Jefferson Audio Video Systems of Louisville, Ky., for recording equipment”. I attended the August 17th Services, Utilities and Equipment Committee meeting and did not see that coming.

During the meeting committee members agreed they would like to hear sound samples from vendors regarding the recording/microphone equipment. Although Finance Director Renee Mahoney expressed that she felt she had attained the original goals for the project, the committee: comprised of Paul Vincent, Karen Lieske and Dave Tadych, addressed the importance of obtaining feedback from local cities about satisfaction with their equipment rather than just feedback from the companies Renee contacted. Also, there was mention that a meeting in September would further this discussion and provide additional information to address real concerns about sound quality.

After reading that the mayor had a signed purchase order, I emailed the committee my understanding from this meeting. I included “Surely there was no time to comply with these requests of the committee. Were there meetings or conversations that occurred between 8/17 and this p.o. being signed? How did we go from all these questions to a decision? Do we have meeting notes or copies of emails to fill in the blanks and explain how this was handled? I felt it was clear the committee had more questions – what have I missed?”

I received a response that the committee was under the same impression as I. – “but the administration went ahead and purchased the equipment.” Mayor Sutherland and Ms. Mahoney are out this week.
I am putting in a request for recent public records for any correspondence regarding this issue. 

(9/2) One should not assume that requesting public records will get you all the information and answers you seek. The absence of a quorum means the Open Meeting Act does not necessarily apply. Members of the public have no right to meetings or emails, etc. if, for example, only two council members were to discuss an issue. It can be a subtle way around the state’s Sunshine Laws. Also, in the State of Ohio there is no specific time period for records to be produced once requested. There is no law to clarify how long is too long to produce records.

40 Days - The Green Parking Lot Saga

The Green Parking Lot ordinance passed without the emergency clause which means the parking lot may not get done after all according to Law Director Gary Ebert’s comments immediately following the emergency clause vote. (An emergency clause will allow the ordinance to become effective immediately; without the emergency clause passing, the ordinance must wait 40 days) When the vote on the emergency clause failed, Ebert begins to explain, “The problem, just so everybody knows is if it passes, this means this contract takes 40 days before it can begin and this contract probably can’t be done.” To which the mayor responded – “Just call the vote.”

Why didn't we look elsewhere? The Green Parking Lot

I asked: “I know the point is moot but I have been looking over the EPA Awards to the different cities and how the cities are going to use the Water Surface Grants. I wonder if before the city applied with the intent of having city hall parking lot redone, if you looked at any other possible areas of town where that money could be spent for improvements. If so, where? and if not, why?”


Mr. Greytak explained the process of the highly competitive SWIF Grant. It is a new program and they are interested in getting projects done that are very visible to the public, projects that will be seen by many people. After completion, there must be an educational component including signage. It was decided this grant was a natural fit for this type of project, so the EPA encouraged the city’s application for this location. Me: “But is being visible a stipulation of the grant because I think for Water Surface issues we have plenty of opportunity in the city of Bay to utilize that money somewhere else.” Greytak’s response "But I also said there is a public education component to the whole program so they want these types of projects in places where it is very visible to the public” “But not a stipulation, per se?” “It’s a competitive grant and when they look at the applicants they ask if this is fulfilling the mission with storm water improvement funds.”


Special Council Meeting 8/17/2015

I look at the faces at council table. Most members do the poker face very well. I am at a loss tonight to describe the lack of dignity displayed by the mayor while Mr. Henderson was reading (re: Green Parking Lot) his letter to council and the audience. The face making, eye rolling, arched brows, head shaking and boredom sighs were extremely unprofessional and embarrassing coming from our mayor. Such a lack of respect for her council is disappointing to say the least.

As Paul Vincent took pains to point out this evening, when he or Tom Henderson or any member of council ask questions or put forth their thoughts, they really want to understand, be understood and to learn. Their objective is to do right and make educated decisions when they vote. Some of the concepts that are easily understood by administration are foreign to them and their constituents. It seems like some members of council and administration get frustrated when questions are asked or points are elaborated upon. Mr. Clark referred to this as getting bogged down in “minutia”. I have a solution for that - How about administration gets their act together and presents issues in their totality, with clarity - leaving little to question, stops playing games, ups their communication skills and stays on top of issues to present and respond to in a timely manner. 

Oh the issues … more to follow. In short, the city hall green parking lot project passed. Even though the emergency clause did not – it just means the project can’t start tomorrow, it has to wait 40 days. The swing came from Dave Tadych. On August 3, he voted no and did not seem to be happy. Tonight, he felt his questions had been answered in the requested email regarding the tennis courts; he seemed upbeat and voted yes along with Koomar, Lee and Clark. As expected, Henderson, Lieske and Vincent were the no votes.

Monday, August 17, 2015

Councilman Henderson is not buying what the city is selling

Councilman Tom Henderson sent a letter to council explaining that he will vote no again tonight, 8/17/2015, on the Green City Hall Parking Lot Project and encouraged others council members to do so.

https://dl.dropboxusercontent.com/u/23673878/Memo_Henderson_08.13.15.pdf  

Memo
To: City Council
From: Tom Henderson, Ward 4 City Council Representative
Date: August 13, 2015
Regarding: City Hall Parking Lot Project
CC: Debbie Sutherland, Scott Thomas, Bob Greytek

I am going to vote against the City Hall Parking Lot project. Here are three reasons you should, too:
First, On March 24, 2014 during the Committee Session immediately preceding Special Meeting of Council in which Council passed Resolution 14-35 authorizing the City to apply for the Ohio EPA’s Surface Water Improvement Fund (SWIF) grant, the City’s Service Director, Scott Thomas, told Council “there are no matching funds” required by the grant.(1)

Subsequently, on August 3, 2015, Mr. Thomas informed Council that the City would have to spend $64,408, in addition to $120,000 SWIF grant, to complete this project.(2) Although the grant does not require matching funds, the Administration should have made it unambiguously clear on March 24, 2014 that the project would require additional funds from the City. I consider that a material omission.

Also on March 24, 2014, Mr. Thomas told Council there would be “no loss of existing parking spaces” as a result of this project.(3) On August 3, 2015, Mr. Thomas informed Council that 7 parking spaces – over 10% of the existing parking spaces – will be eliminated.(4) Although I believe Mr. Thomas’s statement on March 24, 2014 was most likely made in good faith, it was, nonetheless, inaccurate. I am also uncertain at this moment whether the parking lot to the west of City Hall is – or should be – included in this project.

In my opinion, Council received a combination of ambiguous/incomplete and inaccurate information immediately prior to our vote on March 24, 2014. Therefore, I feel no obligation to vote in favor of this project even though I voted in favor of the grant application. The terms of the deal have changed.

Second, On August 3, 2015, Mr. Thomas told Council that just one company, Licursi Construction, Inc. (LCI), bid on the City Hall Parking Lot project. When asked why, the City’s Consulting Engineer, Bob Greytek, explained that “it is hard to find contractors to bid [at] this time of the year.”(5)

In my opinion, the City should have sought bids at a time of year when it is not hard to find contractors to bid on projects. Such action may have led to the receipt of multiple bids. As the Mayor recently said, in reference to an unrelated project regarding audio equipment, when the City is spending taxpayer dollars it is obliged to undertake projects “as cost effectively and efficiently as possible. We can’t do that without a second quote, and maybe a third quote.”(6)  I agree with the Mayor on that point.

It should be noted that LCI is the same company that installed the tennis courts near City Hall. Those courts do not drain properly. The City has had in its possession, since October 2013, a memo which, in my opinion, if accurate, appears to indicate that LCI informed the City at an appropriate time that the tennis courts would not drain properly. Rather than address the issue, the City instructed LCI to proceed with the project as planned because “they did not have the funds.”(7) The Administration never asked Council to vote on appropriation of additional funds to correct the error. That should have been done. Council routinely authorizes additional funds when the actual cost of a project exceeds its budget.

Further, the Administration did not disclose this memo to Council until after our vote on August 3, 2015 regarding whether or not to authorize LCI to install the parking lot. In my opinion, the Administration’s decision to withhold this information from Council until August 5, 2015 was inappropriate, particularly given that it was requested during a July 29, 2015 Finance Committee meeting. (8)

I am no longer primarily concerned about LCI. I am concerned about authorizing a large, taxpayer-funded project – particularly one involving Ohio EPA funds – after receiving just one bid. The Mayor recently reminded all of us, and the public, that the City needs two or three quotes for large, taxpayer-funded projects. I cannot, in good faith, explain to my constituents why this project is “special” and I cannot defend the City’s choice to seek bids at a time of year when it’s hard to find contractors to bid.

Third, perhaps most importantly, it is important to look at the big picture. After the Council meeting on August 3, 2015, the Mayor informed Council, via email, that “[t]he parking lot is in bad condition and Council will have to appropriate $120k + to do a basic improvement” (9) if we do not authorize this project.

Although I understand that from the City’s perspective it may seem less expensive to spend $64,408 of our residents’ tax dollars on this project [or possibly more if there are problems under the parking lot similar to the problems under the tennis courts] by combining those funds with another $120,000 from the Ohio EPA, it’s important to remember that our constituents have provided all $184,407 of those dollars. The people of Bay Village pay taxes to both City of Bay Village and the State of Ohio.

In my opinion, spending 50% more total tax dollars to install this new parking lot surface instead of completing a “basic improvement” is not a responsible use of our constituents’ money. I do not believe that the incremental benefits outweigh the incremental cost. Further, while I strongly encourage the City to seek grants that reduce the expenditure of our residents’ tax dollars for worthwhile projects, I do not believe that we should spend more total taxpayer dollars simply because the State has offered them.

In Closing, I oppose this project. I ask that you vote “NO” with me. We received ambiguous/incomplete and inaccurate information prior to our vote to authorize the application for this grant. The City received just one bid for the project. The Administration withheld information from Council about a prior project involving this contractor, and this parking lot surface costs 50% more than a basic improvement.

The next time I’m in front of my constituents, I will tell them I voted against this project because I believe we should dedicate this money to the streets and sewers in front of their houses – not to an expensive new parking lot surface where city employees park for work.

(1) March 24, 2014 Committee Meeting of Council Minutes, page 4
(2) August 3, 2015 Committee Meeting of Council Minutes (unapproved draft as of 8/10/15), page 2
(3) March 24, 2014 Committee Meeting of Council Minutes, page 4
(4) August 3, 2015 Committee Meeting of Council Minutes (unapproved draft as of 8/10/15), page 4
(5) August 3, 2015 Committee Meeting of Council Minutes (unapproved draft as of 8/10/15), page 2
(6) June 22, 2015 Special Meeting of Council Minutes, page 4
(7) October 29, 2013 Memo TO: Daniel Galli FROM: Licursi Construction, Inc. RE: Cahoon Park, “10/01/12”
(8) July 29, 2015 Finance Committee Meeting Minutes, page 9
(9) August 3, 2015 E-mail TO: City Council FROM: Debbie Sutherland RE: Council Meeting


Tuesday, August 11, 2015

Roadwork Turmoil


There was confusion in the committee session which spilled over to council when it came time to vote on an additional $70,000 to continue repaving in front of the high school. Dave Tadych asked “This change order on section 8, does it include the $70,000?” Dwight Clark said it did not, that amount is included under section 9. With that in mind, everyone voted to pass the ordinance.

Next up the vote on section 9.  Tadych “Are we sure the $70,000 for Wolf Rd. is in this one and not the other one. I think the $70,000 is on 8 and we were misled” Tadych says he voted to pass 8 under the idea the $70,000 was on 9. He would rather the money go to sewer improvements.

Council takes a moment for clarification and confusion. Clark “I can only presume, I don’t have anyone else here to tell me otherwise, from administration, so it would have been in 8.”

With this information Tadych says he voted to pass 8 under the idea the $70,000 was on 9. He wants to know “how do we get my vote reversed then?”  Ebert advised he would have to move for reconsideration. Tadych made the motion, Lieske second and Henderson third. The motion for reconsideration failed 3-3.

Tadych: “It would have been nice if we would have had someone here from administration to tell us what we were voting on” 

Ebert: “I’m not the finance director.” 

As if this wasn't confusing enough, Cleveland.com wrote about it - leading Councilman Tadych to recant his "misled" statement. 

Monday, August 10, 2015

Pump Station Repairs

There was a problem at one of the pump stations. The city says this happened in July whereas most residents were told from service crews and plumbers there was a problem in June. Excerpt of a memorandum from the finance director to the mayor and council: revised appropriation order “Infrastructure Improvement Fund. Clear out of Wolf Road Sewer and Emergency Force Main Repairs. We are proposing an appropriation of $32,000 to clean the sewer line from Walmar to Porter Creek manhole along Wolf Road. This is to help alleviate future potential flooding. During the rainstorms in July the force main at pump station ruptured and repair was needed. Cost of this repair was $17,400 and we are proposing paying for this from this fund.” 

Sewer crews are clearing blocked pipes. These pipes are believed to have been blocked as a result of the summer storms and not necessarily prior to the storms.

EPA Grant for City Hall Green Parking Lot Project

What could be the problem with a bid that saves $56,000? The city received a $120,000 grant from the EPA for City Hall Green Parking Lot Improvements. Council was matching the bid with $120,000. The bid came in at $184,000. Problem: one bid. Even though the city has known about this project for quite some time, it was not advertised until mid-July. The deadline to use or lose the money is the summer of 2016. One reason offered as to why there was only one bid was that contractors are busy this time of year. Karen Lieske suggested advertising during a slower time to get more bids. The fear of the city was the advertising cost to re-bid, maybe around $1,500. Also, the city considered the fact that the cost of the project might go up or they might not get a better bid or this bid may go up (this company is now aware that the city has $240,000 to spend on this project). To me, the one bid is more than ironic in the face of the recording equipment issue, but I digress.

Mayor Sutherland, Scott Thomas and Bob Greytak were comfortable with this bid and this company – even though – Problem:  this is the same company that completed the $300,000 tennis court project behind city hall.  After some pushing from Dave Tadych, it was admitted mistakes were made by the city with the specs on the courts but the company worked with them to a settlement. The mayor wanted to look at the bigger picture; they dealt with the problems and the tennis courts are now much enjoyed.

Members of council still had concerns about this company. With the contract going to vote tonight, Tadych had requested additional information days ago in regards to this matter from Thomas in regards to this matter but never received it. 

(Paul Vincent was absent) Henderson, Lieske and Tadych voted no. Clark, Lee and Koomar voted yes. It did not pass. After much head shaking and gesticulation on the mayor’s part, she gathered her things, got up and motioned for Thomas and Greytak to follow, left the meeting, and did not return.

Thursday, July 30, 2015

School Board

Bill Selong and Bob Piccirilli will not seek re-election on the school board.  Piccirilli believes it is time for “new blood to be on board”.  Steve Lee is not seeking re-election on his at-large council position but may seek a seat with the school board.


Few residents involve themselves with the city finances and how tax payer money is spent. Fewer attend school board meetings yet our schools receive 60% of our tax dollars. There seems to be interest only when a levy is in play. The board says the district is in excellent shape and I believe them, I’d just like to hear from residents that attend their meetings.

Wednesday, July 29, 2015

August 3, 2015 Special Meeting

Committee and Special Meeting will be held this Monday August 3. Included on the agenda:

*"Motion to convene to Executive Session –Personnel (Service Department Reorganization)

*Resolution authorizing the acceptance of a Safety Intervention Grant in the amount of $40,000 from the Ohio Bureau of Workers’ Compensation, Division of Safety and Hygiene, for the purpose of purchasing and installing two (2) Power LOAD Systems in Medic Units, and declaring an emergency.

*Ordinance authorizing the Mayor to enter into an agreement with Licursi Company for the construction of the City Hall Green City Hall Parking Lot Improvements, and declaring an emergency.

*Ordinance authoring the Mayor to execute Change Order #1F for TRAX Construction Company for the Walmar Road Concrete Repair Contract of the 2015 Pavement Maintenance and Resurfacing Program, and declaring an emergency.

*Ordinance authorizing the Mayor to execute Change Order #1F for Chagrin Valley Paving, Inc. for the Asphalt Resurfacing Contract of the 2015 Pavement Maintenance and Resurfacing Program, and declaring an emergency.


*Ordinance to amend appropriations for the current and other expenditures of the City of Bay Village for the fiscal year 2015, as previously appropriated in Annual Appropriation 14-107, and amended by Ordinance No. 15-15, and 15-52"

Wednesday, July 8, 2015

No Answers on Blockage

July 4, 2015:  In response to a question about why the city will not clear a known blocked pipe. There is still no answer to that question.

Referencing the July 2 post below about a known blockage in a pipe– There is much documentation to prove that these pipes belong to the city. What the city cannot produce is the easement giving them permission to place the pipes on private property. They received an easement from one landowner but not another. This took place in the 70’s.

Fast forward to today - You do not have to be an engineer to know that a pipe with such a significant blockage cannot drain "adequately". The city knows these pipes belong to them, the question remains - why won’t the city maintain their pipes and clear that blockage?

Blocked City Pipes

July 2, 2015:  I’ve discovered this comment from the mayor on Monday night is not true. “All I can tell you is that we did not have blockages in the system. We found some quirks but we have not found blockages.” The fact that the city has at least one blockage with video evidence was not addressed. This known blockage is being denied, are there others?

Take countless stories all over town and add to it that I learned yesterday I can go to a web page – plug in a keyword using the ‘find’ button and narrow the way I search for information. The find button highlights and takes me to sections using my keyword. I began playing with meeting minutes and searching for the words “sewer” “Greytak” or “drains” etc.

A report dated May 28, 2014 was submitted to the mayor by Mr. Greytak. A video was done on two pipes at one of the private beaches on the west side of Bay. CT Consultants findings state: “The west pipe composed of corrugated metal and vitrified clay pipe had a blockage at 120 feet from the outfall of the pipe and televising could not progress beyond that point.”

Residents say the water is coming out of the hillside more and more instead of the pipe. There is a constant flow of water coming from the pipe even though Greytak says it is only draining ground water. This “blockage” is acknowledged many times in many pages of council and sewer committee notes.


I am giving you the short version even though the discussions referenced issues dating back to 1972 surrounding this pipe; a few being the size of the pipe, erosion and the deterioration of the property, loss of property values, loss of enjoyment and no record of easements. The public states the pipe belongs to the city and the city should maintain it. Some of the questions posed to the city and the consultant went unanswered. The city refuses to clear the blockage.

Flood Talk Dominates June 29, 2015 Council Meeting

July 1, 2015:  In all fairness, the recent water problems are not entirely the fault of the current administration. The responses to it and going forward will be and will absolutely be under a microscope. There are ways to do right by the people that feel they have been failed. Going forward I hope administration can be humble enough to take the advice of the constituents and be honest, become creative, search for grant money, step up their methods of communication and do whatever it takes to keep our taxpayers happy and to protect our property values.

Here are some resident stories and comments from Monday’s meeting in addition to what I posted yesterday. Get comfy and your beverage of choice. Stay dry my friends!

Resident stories: A polite soft-spoken Wolf Rd. resident approached council with topography photos of his property. Since 2008 he has had 5 devastating floods, 2 last week. He lost his swimming pool this time. He pays 5 figures in taxes and nothing has been done. He has approached the city before and he’s not seen any help. Leaving his number “Could I hear back from someone shortly?”

An E. Oakland resident has been flooding for 30 years. No one contacts him or returns his phone calls though he has called the sewer department, his council and the mayor. There are people on his street that are senior citizens and have heart issues. “If the sewers can’t handle what we already have why are we building more houses and adding stress to the present drain system? No one has the courtesy to return calls.” His neighbors won’t come to meetings; they are disgusted and have come to terms with living with water in their basements. He suggested maybe we should get a discount on our taxes. The mayor assured him they are definitely looking at it and he shot back “Yeah you’ve been looking at it for 30 years.”

A Wolf Rd. resident has been calling the city for over 4 weeks – prior to the recent rains. He wanted them to come out because the sewer in front of his house is clogged. It is a city sewer and every time it rains, it floods. No one from the city will call back. Now they have water back up in the basement and have to foot the bill.

A Nantucket resident stated some neighbors dump mulch using an inch or more for landscaping. It ends up clogging drains. The law director said the city can address the landscaping.
A Carlton Rd. resident said that everyone on Carlton flooded. He was happy with the way the city helped him 2 years ago. They did an excellent job finding a blockage in his sewer system. He dug everything up and fixed it and still had water.

A Carlton Rd. resident believes it cannot be a coincidence that they were under water while the state of the art pumping station was being worked on. He has talked to 3 people that have lived there for 25 and 35 years. No one has had water and all of a sudden under the new technology, the pumping station, crews arguing, crews coming back, the neighbors are aware that something is fishy. Is there a problem there or not because if there is not then you should not have crews there all day Saturday and again on Saturday night. Bob Greytak said the sanitary sewer pumping station has got nothing to do with the storm water. Not a drop of storm water goes into that station. The flooding on the street had nothing to do with that station.

A Lincoln Rd. resident noted that there are problems throughout the city with storm water getting into sanitary sewers.

A resident wanted to know if all the sewers before the rains were completely cleaned out and efficient so they could handle the water coming through. The mayor responded they undertake regular maintenance but do not have the equipment or manpower to make a pass through the entire city prior to a storm.

A resident wanted to know if the layoffs prior to the election were service people that could have helped with the situation. The mayor responded that the layoffs were internal janitorial. The city went from 140 to 92 employees but no one from the sewer crew was involved.

A Lane Drive resident on the western border found the Avon Lake Hunt Club Development retention basin draining into our Bay Village sewer system. His councilman and sewer crews as well as the Avon Lake service director came to his area to investigate. He says the pipe is not supposed to be there. He says this requires a quick resolution. The mayor said this is part of that whole Walker Rd. system that feeds into that basin. It is designed to go north at a low rate so it does not swamp the system but they will look at it.

A Kenilworth resident suggested the mayor didn’t need to take calls to get an idea where flooding occurred but to drive around instead. She assured him she has but a call to register your address will help to figure out if it’s a neighborhood issue or a private property issue.

A resident asked in light of the $7.4 million invested why aren’t we building bigger storm drains. The mayor responded that we live in a mature community where the infrastructure was put in 40, 50, 60 years ago. We’ve got 2 separate systems: the sanitary system and the storm system.

A resident asked if the sanitary and storm sewers are separated and the storm sewers are already backing up, won’t the separation make it worse. The mayor said it is not a one size fits all solution. It may not be the best idea to put clean water from the sanitary to the storm sewer.

A Lincoln Rd. resident asked if someone was looking at the situation in a comprehensive manner. Since everyone’s problem is unique – some in how they drain into the sewer and some with combined sewers. You can’t just solve one problem here and create another in another location. Is it being addressed and who is studying this issue, is it the engineer or do we have specialized firms? Bob Greytak from CT Consultants gave the company background and what they have been working on with Bay. They have the specific target area of Bruce, Douglas and Russell with about 140 homes and are doing a comprehensive model in that area. How much storm water can we get out of the sanitary sewer and conversely, how does it affect the storm sewer. The study should be completed by years end. The resident is hoping for a comprehensive strategy if we all pitch in some small way to help save our property and our property values. The mayor has information from Rocky River that will be on the website. It will discuss what the homeowner’s responsibility is, what the city’s responsibility is and what you can do to help.

One resident expressed stress about the city’s lack of creativity to solve these problems. When rain barrels were mentioned the mayor said they might have to tweak an ordinance first.
One suggested a citizen committee to help get the word out and for various insights on how to best manage their own personal property.

A resident asked if the pump stations are sufficient, would 4 be better instead of 2. Greytak said he is not hearing that the pump station is causing problems. There are no storm pump stations and to try and pump surface flow is not advantageous.

Mayor Sutherland said at one point: All I can tell you is that we did not have blockages in the system. We found some quirks but we have not found blockages.

The good news: If there is feces in your basement it’s probably from your own house.
Someone said there were 8 sewer department employees, someone else said 6 – in any event it is not a lot.

The place to begin is with residents doing what they can for their individual property. Once the reason for back up is identified, there are options for what a resident can do. There were no solutions for those that have done all they could and still had water or sewage back up. These people in particular are the ones that feel the city bears responsibility. Many residents did take time to agree that “none of these sewers are designed to handle any of these storms” - which comes back to the city rebuilding with money we do not have. All proper reporting will be done with the EPA.


Understand these are my notes. I was there writing as fast as I could and listening to a mediocre recording of this night. If some thoughts seem incomplete to you, please listen to the entire recording for more information. 

So this was an emergency after all....

June 30, 2015:  I was just contacted by an EMT and a volunteer firefighter and they beg to differ with the mayor’s statement that widespread basement flooding “was not a potentially life threatening event”. They brought to my attention the hazards posed by flooded basements. Recently 2 people were electrocuted in a flooded basement. High water can extinguish pilot lights and result in toxic/explosive gas levels in basements. Seniors can be at high risk in such situations. The long term effects from exposure to toxic sewage water are real. Maybe a less likely danger – but, given one doesn’t need much water to drown in, what if a child had taken to the basement to play before parents realized the basement was flooded. Just a few things for our safety director and mayor to consider when wondering what constitutes an emergency situation.

Here is just one resident's story: We have never flooded in the 15 years we have been on Huntington Woods Pkwy, and had no reason to check our basement last week. I returned home from running errands at 2PM to find a parade of flood cleanup vehicles in neighboring driveways. Our finished basement had flooded with 8-10" of storm water, and we had 12" of smoke on the basement ceiling due to a waterlogged surge protector. Our AC was still running through flood soaked air filters and the pilot to our water heater was out. An emergency message or phone call from the city was definitely called for in this situation. I had one item in my car that needed refrigeration, otherwise I had planned to stop for an oil change next and could have easily come home to a full blown electrical fire instead of a melted power supply.