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.

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)

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.”

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.

http://www.cleveland.com/bay-village/index.ssf/2015/09/bay_village_city_officials_don.html

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.

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.)

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.

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.”

http://www.epa.state.oh.us/Portals/35/nps/swif_docs/WQ_Improvement_Grants_LE.pdf

http://www.epa.state.oh.us/Portals/35/nps/swif_docs/FY14_Final_SWIF_Grant_Recipients.pdf

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.