The Council of the City of Cortland met in regular session on Monday, March 7, 2011 at 7:00 p.m. with Council President Stocz presiding. Members of Council present were, Dennis Linville, Deidre Petrosky, Kevin Piros, Diana Sweeney, Terry Tackett and James Woofter. Also present at the meeting were, Mayor Moll, Law Director Wilson, Service Director Wittman, Finance Director Moyer, Police Chief Mink and Fire Chief Novakovich
A motion to approve council minutes from the Feb. 22, 2011 meeting was made by Councilman Piros and seconded by Councilman Tackett. ROLL CALL - Woofter, aye; Linville, aye; Petrosky, aye; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye. MOTION PASSED
A motion to approve the schedule of bills to be paid totaling $ 72,302.73 was made by Councilman Woofter and seconded by Councilman Linville. ROLL CALL - Petrosky, aye; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye; Linville, aye. MOTION PASSED
RESOLUTION R-11-11- a resolution authorizing the Mayor to enter into an administration agreement with Neighborhood Development Services, Inc. for the administration and implementation (soft costs) of the FY2011 Community Housing Improvement Program was read and moved by Councilman Woofter and seconded by Councilwoman Petrosky.
COUNCILMAN PIROS - What are soft costs?
MAYOR - Soft costs are administrative costs, not the repair kind of costs. To cover their expenses.
ROLL CALL ON R-11-11 - Linville, aye; Petrosky, aye; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye. RESOLUTION PASSED
RESOLUTION R-12-11 - a resolution authorizing the Mayor to apply for the FY2011 Community Housing Improvement Program Funds (CHIP) with the Ohio Department of Development, Office of Housing and Community Partnerships was read and moved by Councilwoman Petrosky and seconded by Councilman Piros.
MAYOR - I would like to make some comments. This is essentially the same application that we made last year. The difference this year is holding it below $250,000 so we can apply in light of the fact that the county is involved in their own consortium. Last year we were rejected because we applied for more than that.
COUNCILMAN PIROS - It says declaring an emergency. It doesn't apply in this case, does it?
CLERK OF COUNCIL - It is a resolution, so one reading for a resolution can be done in emergency.
ROLL CALL ON R-12-11 - Piros, aye; Stocz, aye; Sweeney,aye; Tackett, aye; Woofter, aye; Linville, aye; Petrosky, aye. RESOLUTION PASSED
ORDINANCE 0-02-11 - an ordinance authorizing the Finance Director to transfer $149,271.75 from the General Fund to the Parks and Recreation Fund was read and moved for second reading by Councilman Woofter and seconded by Councilman Linville. ROLL CALL - Petrosky, aye; Piros, aye;
March 7, 2011
Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye; Linville, aye; ORDINANCE PASSED SECOND READING
ORDINANCE 0-04-11 - an ordinance authorizing the Mayor to enter into a contract with ms consultants for construction administration and inspection of the Stahl Estates Storm Sewer Improvement Project was read and moved for third reading by Councilman Woofter and seconded by Councilman Piros.
COUNCILMAN WOOFTER - Mayor, this morning I noticed there were a couple of trucks up at the North Wellfield doing some work. What are they doing?
SERVICE DIRECTOR - That has nothing to do with this ordinance. They are still under contract and have been flushing lines and getting them ready to put into service.
ROLL CALL ON 0-04-11 - Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye; Linville, aye; Petrosky, aye; Piros, aye. ORDINANCE PASSED THIRD READING
ORDINANCE 0-05-11 - an ordinance authorizing the Mayor to enter a contract with ms consultants for construction administration and inspection of the Stahl Estates Storm Sewer Improvement Project was read and moved for third reading by Councilman Piros and seconded by Councilman Linville. ROLL CALL - Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye; Linville, aye; Petrosky, aye. ORDINANCE PASSED THIRD READING
ORDINANCE 0-06-11 - an ordinance authorizing Advanced Land Measurement, Inc. to perform professional surveying services for the development of a new recreation area in cooperation with Trumbull County Metroparks was read and moved for third reading by Councilman Woofter and seconded by Councilman Piros.
COUNCILMAN WOOFTER - When will this be started?
SERVICE DIRECTOR - Right there is some field surveying that has already been completed as far as putting the markers down in anticipation of getting on the flight list. Once the snow melts they will be able to be scheduled for the aerial photographs and will use this to map out the acreage. It will be weather depending in the spring.
ROLL CALL - Linville, aye; Petrosky, aye; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye. ORDINANCE PASSED THIRD READING
ORDINANCE 0-07-11 - an ordinance authorizing the Service Director to purchase a GAP VAX MC series combination jet/vacuum machine was read and moved for third reading by Councilman Piros and seconded by Councilman Woofter.
COUNCILMAN WOOFTER - Don, I am sure this will pass tonight and then how long will it be before you get the truck in?
March 7, 2011
SERVICE DIRECTOR - I will have to talk to the manufacturer's representative and make the selection. If we have to order it probably 6 to 8 weeks if we go with the demo unit it will probably be sooner than that.
COUNCILMAN WOOFTER - In the mean time, the old one still works?
SERVICE DIRECTOR - Yes.
COUNCILMAN WOOFTER - They won't take that one until we get the new one.
SERVICE DIRECTOR - Correct.
COUNCILMAN PIROS - Don, is there anything on the old one that we can salvage? I don't know what pieces are on it that we could transport to the new one.
SERVICE DIRECTOR - I don't think so but that is a good point and I will look into it.
ROLL CALL ON 0-07-11 - Woofter, aye; Linville, aye; Petrosky, aye; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye. ORDINANCE PASSED THIRD READING
ORDINANCE 0-08-11 - an annual appropriation ordinance for the City of Cortland, Ohio, County of Trumbull, State of Ohio for fiscal year ending on the 31st day of December 2011 was read and moved for first reading by Councilwoman Sweeney and seconded by Councilman Piros. ROLL CALL - Petrosky, aye; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye; Linville, aye. ORDINANCE PASSED FIRST READING
MAYOR - I want to welcome the students here tonight. It is always nice to see students in the audience. On the agenda is printed our website address and you can look on the site to see what some of these ordinances actually say. It will help with the spelling of names and things you might need for your report.
In addition to that I met with the Scrappers last week and found out Cortland Nite is set for Wed. August 3rd. They are trying to involve more community activities. There is an opportunity for fund raising involved with that and the sale of better seats. If you know of anyone interested in that, please let them know. In the past I have attempted to get some local athletes involved in some of the ceremonies. I will be talking to Supt. Wilson.
FINANCE DIRECTOR'S REPORT
FINANCE DIRECTOR - I have nothing to report this evening, unless there are any questions.
POLICE CHIEF'S REPORT
POLICE CHIEF - I would ditto those sentiments.
March 7, 2011
FIRE CHIEF'S REPORT
FIRE CHIEF - Short of telling you that I have submitted to the state for another EMS grant, I have nothing else.
SERVICE DIRECTOR'S REPORT
SERVICE DIRECTOR - You will receive the monthly report at the next meeting and I have nothing to add at this time.
COUNCILWOMAN PETROSKY - The Communications Committee met again this evening to meet with another company regarding our website. Hopefully our last meeting will be prior to our next council meeting on March 21st at 6:00 and we hope to make a decision at that time.
In your packets you should have received a copy of our proposed new logo for the city. We wanted to have something ready so we can put it on the website. I need a motion to accept our city logo
A motion to approve our new city logo was made by Councilman Piros and seconded by Councilwoman Sweeney.
COUNCILMAN PIROS - I think it is a long time over due. We started talking about this last January. Traci did a really fine job and thank you Jim for putting us in contact with her. I think it is something we can all be proud of.
COUNCILMAN WOOFTER - Dee Dee you asked me about having her submit an invoice. Did you or Fran get that?
FINANCE DIRECTOR - I haven't seen it.
COUNCILMAN WOOFTER - She sent a copy of it to me. I will forward it.
COUNCILWOMAN PETROSKY - Will you forward a copy of the electronic file as well.
COUNCILMAN WOOFTER - Sure, I thought I did.
ROLL CALL ON MOTION TO ACCEPT CITY OF CORTLAND'S "LOGO" - Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye; Linville, aye; Petrosky, aye. MOTION PASSED
KEN STABLEIN - Obviously it rained quite heavy on Monday. After going back and reading the minutes and seeing the minutes on Stahl, we have lived here 4 years and this is the second time in the past 6 months that we have had water in our garage and our house. We actually looked at a house on Stahl and didn't buy it because of water damage in the basement. It looks like Laura Lane and Stahl have gotten funding recently and the question is when is S. Colonial going to get funding. The street has been blocked off and cars can't pass and when they do they send waves into our houses. I live at 473 S. Colonial. Back in July I got home a little too late to save everything and this time I was lucky enough to wake up and get my cars and motorcycle out of the garage. There is no way to stop it. It comes across
March 7, 2011
from the field like a wall of water and comes right in. I have drains in front of my house and garage and when they stop, we are done. The neighbors have sump pumps, we don't have a sump pump yet but we are looking to price one but I guess the question is what good is it going to do if the neighbor right next door has one and it is pumping water out on the grass which is just coming right back in the house because there is no where for it to go. We have pictures and notes. We have heard things like we have 6 inch pipes or 8 inch pipes and we don't know what we have. Neighbors who have lived here for 30 years, say it has been an issue for 30 years. Everytime it rains we all panic.
COUNCILMAN WOOFTER - When you go towards Fowler, are you on the right side?
KEN STABLEIN - We are on the north side and we sit lower.
COUNCILMAN WOOFTER - Does the other side flood?
KEN STABLEIN - Oh yes. This time they did and it was kind of ironic, the house across the street was pumping water into their driveway which was subsequently coming across to my house.
MAYOR - You have a drive down into garage?
KEN STABLEIN - Yes, there are drains right in front of the garage. I was out in the rain trying to clear the drains the best I could by sticking my arm and nothing was moving.
COUNCILMAN WOOFTER - Did you make a call to the city and what time was this?
KEN STABLEIN - I was up at 5. We made calls and the police came by and one of the city guys drove through the street and just kept on going. We called them back and they put pylons out so cars wouldn't keep coming through because everytime they came through waves came towards our homes. This is twice since I moved here that we had to call and have the road blocked off.
COUNCILMAN WOOFTER - Don, what is your best guess as to why this is happening? I know there was a lot of water.
MAYOR - You ought to have a sump pump.
KEN STABLEIN - I had a guy out the other day about a sump pump but why have one when the neighbors have them so why would I invest $3,000 for a sump pump to pump it out in their yards.
They put a retention pond behind Battison's house I don't know when.
RESIDENT - No just a catchbasin.
COUNCILMAN WOOFTER - Who is they?
RESIDENT - The city. We moved here in August of 1979. In Sept. we had water through our whole downstairs. I forget what year the city put a catchbasin between our house and the neighbors.
March, 7, 2011
COUNCILMAN WOOFTER - Where do you live?
RESIDENT - 464 South Colonial - Alice and Edward Battison. We are across the street. The city came out and put a catchbasin and a little bit bigger drain tile but it does not do the job.
COUNCILMAN WOOFTER - You are on Colonial, right? Does Colonial run north and south. You either have to be on the east or west side of the street.
ALICE BATTISON - I am on the east side he is on the west side. I was told years ago by a guy who worked for the city and I don't know what he name is, and he said there was a natural water way that comes from that field behind us that was never allotted for when that development was built.
COUNCILMAN WOOFTER - That is probably true.
ALICE BATTISON - He said it was the fault of the developer and the city.
COUNCILMAN WOOFTER - Don, do know if those are 6"?
SERVICE DIRECTOR - I am not sure, I would have to look that up. I think there was a 12" relief sewer constructed in the 90's that runs out to Fowler.
COUNCILMAN WOOFTER - Is that the catchbasin she is talking about?
SERVICE DIRECTOR - I am not sure, I wasn't here then. I would presume.
RESIDENT - They put that in 1980 and I rode by canoe up and down the street. They did that in the 80's. The drain that comes in that is 6" they put a section probably a 15 foot section.
MAYOR - We have been going around the city and we have picked up Rosewae, Charles and Stahl and problems on Heritage.
SERVICE DIRECTOR- There are still issues on Rosewae and Charles. We have the storm sewer out in the street but there is still infiltration getting into the sanitary when we have all the snow melting and 1 ½ inches of rain. In a neighborhood with older homes where the foundation drains were connected to the sanitary lateral. It is one of the harder things to do is to remove I & I from the private side of the sewer system. The people who don't have flooding don't have an incentive to put in a sump pump or disconnect the foundation drains from the sanitary lateral so everybody down stream gets the brunt of that when you have those extreme events.
MAYOR - This was surface water.
RESIDENT - This was water coming right between the two houses.
March 7, 2011
SERVICE DIRECTOR - But the issues that still remain on Rosewae and Charles from what I was gathering was some sewage backup whether it is from the house side or the city side. To answer Jim's question as to what is going on South Colonial and I think Mr. Stablein hit on it and it is the wall of water coming from the field. You can actually see it running between the houses. South Colonial has a sump area where the water can't continue running down the street. It is just like a bowl and the water goes into that bowl and has no where to go and overflows the storm sewer system and as the water comes up a lot of the homes in that area are split levels where the garage is actually below the road. So you have a number of poor design and construction practices that are contributing to the issue. From our perspective we can go out and inspect the storm sewers and get them flushed out and make sure they are open and running. Even then you are only designing for "x" amount of runoff. I guess you would have to look at putting in a larger diameter sewer but at the same point if you have no where to run it and the creek comes up the water is just going to back up.
RESIDENT - This isn't creek water, this is run off from that field and it runs right through that catch basin drain that we are talking about. My catchbasin drain is not working.
MAYOR - I talked to some of the residents along that tributary that runs through Willow Park and they said that was as much water as they have ever seen in that tributary.
RESIDENT - No not true, it has been up over the road there at one time. The water we had this time, I came through there at six in the morning trying to get home to get our stuff up. This has happened to us two times in six months.
RESIDENT - It is so bad that we can't afford to stay in our house. No one will buy on S. Colonial because of all the damage we have had. It is getting to a point where we can't afford to keep our houses.
RESIDENT - The poor design comment, I disagree with that also because at the time there were only a few houses on that street and they have added so many houses on that street since then and the drains have never been upgraded.
SERVICE DIRECTOR - The south end close to Fowler everything north of that …
RESIDENT - It doesn't go anywhere.
SERVICE DIRECTOR - The water is not there any more, so it drained somewhere.
RESIDENT - No we still have a backyard full of it.
RESIDENT - We have no backyard and we are on the west side at 465 S.Colonial. We have not had a yard since probably summer.
COUNCILMAN WOOFTER - It looks like the problem you are having with the water is coming from the field behind your homes.
March 7, 2011
RESIDENT - A natural water way that was never allotted for by the city or Ellis Mellott.
RESIDENT - Once it gets to the drains there is no where for it to go and it comes to a complete stop. When that happens the driveways fill up. We had raw sewage and had to tear the carpeting out multiple times. We have lost furniture, appliances. We have replaced washers, dryers and freezers so many times it is ridiculous. It is to the point where we can't even claim this one on our insurance. Financially we are at a loss and don't know what else to do. We can't afford to keep doing this every six or seven months. Something has to happen. We have been there the longest since 1974. Houses that didn't use to have problems are having problems now.
RESIDENT - I live on Rosewae and I have lived there eight years and have never had water until this past July and now again. When it rained this weekend I didn't get anything. I have two pot hole things and a drain in my yard and all my neighbors got water. It is ridiculous.
RESIDENT - We had to carry our kids to the top of the street so they could go to school.
RESIDENT - I was the one who called the police dept. to have them come out. We had the city guys come through with their plow down that day. Plowing water and that water was going into my house and their houses. Then we had the ambulance come down about 10 minutes after that he opened up the door and saw that the water wasn't running anywhere and shut the door and drove off. I then had to call the police and have them block off the road.
KEN STABLEIN - I don't think it is a fair statement to say this is the most rain we have ever had because in six months from now when it rains hard again we will be in the same boat.
RESIDENT - Every time it rains we are all in a panic. We run around trying to pick everything up so we don't lose everything again. You can't do it fast enough.
KEN STABLEIN It was over knee high in my garage climbing into my wife's car to get it out. Once I opened the garage the sensors are shot so now I can't close the garage. I am sure six months ago in July I am sure someone said that is the most rain we had and here we are six months later saying the samething and six months from now it will rain again and they will say that is the most rain we have had. I guess all we are asking that we get funding like other areas in town have gotten. We just want to be on that radar.
COUNCILMAN TACKETT - Don, this natural creek that they are talking about, does it dry up in the summer or is there always water in it?
RESIDENT - It is moist.
COUNCILMAN TACKETT - How deep is it?
RESIDENT - It is a good 200 yards off the road straight back in field and it runs north and south. It runs down toward the creek.
March 7, 2011
COUNCILMAN TACKETT - Who owns that property?
RESIDENT - Frank Martin owns the one behind us.
COUNCILMAN WOOFTER - So our answer to these people, is what? What are we doing?
MAYOR - First we have to make sure the system is functioning the way it is supposed to function. Then we need to look where it might need to be upgraded to get the capacities up. We can't do everything at once.
RESIDENT - It has been 35 years.
RESIDENT - The people on Diamond Way are dealing with a lot of problems also. We pay some of the higher taxes around for the area and I think we are all proud of our area and something needs to be done. I live at 116 Diamond Way.
POLICE CHIEF - Diamond Way and Onyx was under water until 3 o'clock. At 3 o'clock I checked and Southdale still had high water. It was not isolated.
MAYOR - It was everywhere. You go to Niles and you will a total flood out of a trailer park.
RESIDENT - We understand the conditions, the rain and snow but I guess what we want to know is and we understand you only have so much money to spend in certain locations but what are we to do to move forward here.
MAYOR - I am afraid we are not going to be able to answer that this evening. We are going to have to look at those areas specifically and look at the systems that are in those areas and determine whether we can or can't do anything about it. If we can't do anything about it, I don't know what we are going to do.
RESIDENT - Is there some kind of test or evaluation that can be done? Like how many houses for the size of the drains?
MAYOR - We have a couple of issues like houses that were built a long time ago like in the 70's and may be into the 80's have the wrong structure as far as the drainage systems go and they tend to go into the sewer system. You get the sanitary sewers backing up because of the amount of rain water that gets into them. We need to deal with that and we have in some areas but there might be some incentives that we can provide for that. The other issue is the size of the storm drains and how do you get the water from the flat part of Cortland up high down over the hill to the lake. We are going to have to look at some alternatives. We are trying to fight that out on 305 and we have a situation there that is the same problem. The drainage within the area is ok but where does it go from there and how does it get there and there is no where for it to go. There is no way for it to get from that drainage system up and into something that flows down hill. The capacity is just not there. Everywhere that was relatively flat beyond the ridge which is about the middle of Main St. we have a problem.
March 7, 2011
RESIDENT - The flooding we had in July and we have all heard rumors and lets clear the rumor up, we heard that the pump house was down to tie in the new lines.
MAYOR - No. The problem we had in July of last year was very isolated to the south side of the city. We didn't have any problems on the north side. It was very heavy rain in a very short amount of time. Up north where we usually have some problems, there weren't any. This time we had problems everywhere because there is no place for the water to go. You had 2 inches of rain in an hour or so and you have 8 inches underneath that and it is 50 degrees and you are going to have a problem and we did everywhere.
RESIDENT - I also live on Diamond Way and I have two sump pumps and they were working and I had sewer water coming up and I just bought the place not even a month ago. Luckily my neighbor helped me. I heard from others in the area that the pipes are not big enough to handle the water. I need to know if that is the case or not and they have to do to figure it out.
MAYOR - That would probably be an infiltration problem.
COUNCILWOMAN PETROSKY - We replaced those pipes on Fowler St. in 2000 ish.
SERVICE DIRECTOR - The storm pipes were replaced around 2003 or 2004.
COUNCILWOMAN PETROSKY - So those were all upgraded on Fowler St.
SERVICE DIRECTOR - If she is getting sewer backup … My recommendation would be to go to the website that is on the agenda and there is a link to send me e-mail and I can forward some information on why basements flood, backflow protections devices and how to address drainage around your property. The unfortunate thing is if the drainage problems are on private property the city can't go in and do work. We want to make sure residents are taking every step necessary to protect their property. On our end we will make sure that the storm sewers that are in the public right-of-way, that are in the road are going to function as best as they can and be at 100% capacity. That being said, you cannot design for every storm event so that is why these backflow protection devices are necessary to minimize the risk of flooding. There will always be flooding in a city, it is an ongoing issue.
COUNCILMAN WOOFTER - Can't you just plug the drains in the basement?
RESIDENTS - It just makes it worse. In July we had it coming up through the downstairs toilet.
RESIDENT - I had a plumber come out today and it is $2,600 to have a backflow valve in. The cement has to be cut up and replaced. I have a backflow valve and where is this water going to go, into my neighbor's house? The water I would be getting in my basement is going into someone's house. Or someone is going to spend the $2,600 and I am going to get deeper water.
COUNCILMAN PIROS. - We will look at some of the draining capacities of our system and see if we can't identify a problem in that.
March 7, 2011
KEN STABLEIN - How can we be assured that this is kind of a high priority? We understand what you said about where is the water going to flow, that is common sense. We need to know it is a high priority because no one can sell or buy a house because of this issue. Where is that going to leave us?
MAYOR - It needs to be a high priority and it will be.
COUNCILMAN WOOFTER - The city will look into this. As another suggestion the property that is behind you that is not part of the city where a lot of the water is coming from, just a suggestion and maybe you have done it, try calling the Trumbull County Soil and Water. There is a girl that works there that will come out and look at the problem and she will suggest ways that you can prevent some of that water coming in.
RESIDENT - They did that and the solution was to tile that. The people that own the property do not want to do that because they don't want to change the natural water way. That has already been done years ago.
COUNCILMAN WOOFTER - Then it turns into a civil situation between and you and those people. The city won't be involved with that because that is not our property.
COUNCILMAN TACKETT - Would the guy be interested if it is a natural water way why doesn't he just dig it deeper?
RESIDENT - It is really not above ground, that is the problem. It is the ground itself is so saturated and moist, it is like a sponge. It is not a creek that runs through there. You can walk back there in the summer. Half a day of rain it becomes a sponge and it stays that way.
PRESIDENT STOCZ - That being said, Don will do a very extensive look into it and you can rest assured it will be addressed by council. We will do what ever we can to alleviate the problems. It has been an exceptional year and we have had more snow this year than I can remember and it has contributed to the problem but it doesn't alter the fact that you are going through a very difficult time and we will take a close look at it and what we can do we will do.
MRS. MIZNER - I live at 465 S. Colonial and a couple of years back when we flooded FEMA stepped in and helped some of us with some of financial burdens that we were experiencing. Is there any way to get some kind of financial aid through one of the agencies. Is there anyone we can call. I know there are a lot of us in Cortland who are in the same boat but we can't afford to keep our houses. It has become a financial burden and there are no agencies that we can go to. I did contact FEMA the other day and was told we weren't declared an emergency area. What do I have to do to become a disaster area? I have lost my entire family room, appliances twice now and I am at a loss. Are there any agencies you can contact for us for assistance.
MAYOR - I will do some checking and call my office, there are a couple of things that might pan out.
March 7, 2011
KEN STABLEIN - What is the best way to follow up? Come back to the next council meeting?
How do we know what is happening, come back, or look at the minutes or call?
COUNCILWOMAN PETROSKY - All of the above.
MAYOR - Send Don e-mails.
PRESIDENT STOCZ - Thank you for coming and sharing and letting us know what has happened and how bad things are.
PRESIDENT STOCZ - Is there anyone else who would like to address council? Students you are certainly encouraged to return.
A motion to adjourn the meeting was made by Councilman Woofter and seconded by Councilman Piros. ROLL CALL- Linville, aye; Petrosky, aye; Piros, aye; Stocz, aye; Sweeney, aye; Tackett, aye; Woofter, aye. MOTION PASSED
Meeting adjourned at 7:55 p.m.
CLERK OF COUNCIL PRESIDENT OF COUNCIL