EVENT: Thu. Oct. 12, 2017 - Thu. Oct. 12, 2017

Sept 5, 2017 Finance Meeting

FINANCE

V. Stewart, Chair Tuesday, September 5, 2017 6:45 P.M. Before Council Meeting
1. The matter of a change order for the 2017 Concrete Street Improvement.
REFERRED BY: Engr. Ujvari

EVENT: Thu. Oct. 12, 2017 - Thu. Oct. 12, 2017

Sept 25, 2017 Community Development Meeting Minutes

The tape of this meeting is on file in the Council Clerk’s Office

TO THE HONORABLE COUNCIL, CITY OF ELYRIA, OHIO

The Community Development Committee held a meeting on Monday, September 25, 2017 at 6:00 P.M. in Council Chambers.

 

PRESENT: Committee Chair Callahan, Members Mitchell, Jessie, Cerra, Madison

ABSENT: None

OTHERS PRESENT: Mayor Brinda, Safety Service Director Siwierka, Law Director Serazin,

Chief Whitely, WWPC Superintendent Korzan, Engineer Ujvari, Assistant SSD Brubaker,

Assistant Law Director Deery, Assistant Finance Director Farrell

 

BUSINESS OF THE COMMUNITY DEVELOPMENT COMMITTEE MEETING

1. Approval of the 8/28/17 meeting minutes.

Cerra moved, Mitchell seconded to approve the 8/28/17 meeting minutes.

MOTION CARRIED

2. The matter of a transfer of a Liquor License as submitted by Distinct CLE, LLC, 33467 Lake Road,

Ste 206A, Avon Lake, Ohio 44012 (Permit Class C2).

To be Transferred to Distinct CLE, LLC, DBA District CLE, 830 Taylor Street, Elyria, Ohio 44035 (Permit Class C2)

(w/ SSD, Police Dept., Bldg. Insp., Ward Council).

No objections have been received regarding this matter.

Mrs. Mitchell stated that since there are no objections she made a motion that the city does not request a hearing and Cerra seconded.

MOTION CARRIED COMMITTEE REPORT WRITTEN 

 

 

A Motion was made by Cerra, Mitchell seconded to Adjourn Community Development at 6:06

MOTION CARRIED

 

Submitted by,

Colleen Rosado, Secretary

EVENT: Thu. Oct. 12, 2017 - Thu. Oct. 12, 2017

Sept 25, 2017 Finance Meeting Minutes

The tape of this meeting is on file in the Council Clerk’s Office.

TO THE HONORABLE COUNCIL, CITY OF ELYRIA, OHIO

The Finance Committee held a meeting on Monday, September 25, 2017 at 6:07 P.M. in Council Chambers.

PRESENT: Committee Chair Stewart, Members Tanner, Madison, Baird, Lotko ABSENT: None

OTHERS PRESENT: Mayor Brinda, Safety Service Director Siwierka, Law Director Serazin, WWPC Superintendent Korzan, Engineer Ujvari, Finance Director Pileski, Police Chief Whitely, Assistant Safety Service Director Brubaker, Communications Superintendent Showalter

 

1. Approval of the 9/11/17 Meeting Minutes.

Baird moved and Madison seconded to approve the minutes of the 9/11/2017 Finance Committee Meeting.

MOTION CARRIED

2. The matter of a request to authorize the Mayor to advertise and enter into an agreement with a consultant for plans and specifications for resurfacing project on Chestnut Ridge Road, from Dewhurst to Highland Park Drive. REFERRED BY: Engineer Tim Ujvari

Mr. Ujvari said that the City was fortunate enough to receive Federal funding through NOACA. The Engineer’s office is currently in the process to get OPWC Funding for our local match. The dollar amount that we are looking at getting for grants is $670,000. The design is necessary and we will need to get services from outside the staff. The dollar amount for Design is estimated at about $75,000.

Mr. Madison asked what the time line is for this project? Mr. Ujvari said if they get OPWC Funding, they are targeting to start the project in July of next year. If we don’t get OPWC Funding then we could start the project sooner. Mr. Madison thanked Mr. Ujvari and his department for being able to manage so many different projects, throughout the city, which seem to be happening all at once.

Baird moved, seconded by Madison to recommend a request to authorize the Mayor to advertise and enter into an agreement with a consultant for design plans and specifications for resurfacing project on Chestnut Ridge Road.

MOTION MOVED COMMITTEE REPORT WRITTEN

3. The matter of a request to re-classify City Council Secretary from Administrative Secretary to Secretary III. REFERRED BY: Council Clerk Office

Mr. Stewart stated the matter is being referred by the Council Clerk and Mr. Bullocks was not in attendance. Mr. Stewart asked if the administration wants to weigh in on this matter. Mayor Brinda stated that they were not aware of it. Mr. Stewart stated this matter is Tabled.

4. The matter of a request to amend the 2017 Permanent Appropriations.REFERRED BY: Assistant Finance Director John Farrell

Mr. Farrell said that there are 2 funds that need appropriation changes.

#1: A request was made by Parks & Rec Director Bowman for the Parks Improvement Fund.

Parks donated swimming lessons this summer. $1,990.00 in salary & wages and $338.00 in benefits is for payroll for those swimming lessons. That expense will be transferred over from ‘Special Parks’ Fund.

#2: WWPC Fund Miscellaneous Dept. to transfer $2,074,112 in Capital Outlay which is part of the East Ave. Cost Distribution. When the original budget was done, it was prior to the bids coming out for the project. Now that we have the bids, we will increase that appropriation.

Mr. Baird asked if he understands that what was estimated was correct. Mr. Farrell said that the original amount of this project wasn’t budgeted at all into the WWPC Fund. There were other projects that comprised that one million, five. The $2,074,112 is being added into that line item to cover the East Ave. portion of the Capital Outlay for that project. Mr. Baird clarified that there will be an additional 2 million dollars allocated for that? Mr. Farrell said this money is what is what we are borrowing for from bonds for the project. There is OPWC monies and a portion of the project is coming out of the water fund and storm water fund. Mr. Ujvari wanted to clarify the issue. The East Avenue relief sewer project was accounted for. The money that was initially allocated was out of the Waste Water Fund. And there are other funds that they will be drawing from on that particular project. The project was initially allocated 100% under Waster Water and now it’s being divided up between Waste Water, Storm Water, OPWC and Water Funds.

Baird moved, Madison seconded to amend the 2017 Permanent Appropriations per discussed.

MOTION CARRIED COMMITTEE REPORT WRITTEN

 

5. The matter of a review of several Supervisory Salary Ranges for Non-Bargaining Managers, Department Heads and Superintendents. (Tabled 9/11/17)

REFERRED BY: Mayor Brinda and Safety Director Siwierka

Mr. Farrell passed out a salary analysis of the Police Chief salary vs Captain salary and patrolmen salary. It shows gross wages for 2015, 2016 and year to date for 2017. The Chief’s subordinates salaries are based on the salary ordinance being increased. There is 14.5 percent difference between ranks. Each time the EPPA is given an increase the Captains wage gets closer to the Chief’s wages. One of the notary administrative Captains is in Chapter 165 non-bargaining unit and the other 2 notary non- administrative Captains are out of the FOP. All the administrative and non-administrative Captains are Notary which gives them an extra $850.00 per year verses administrative Captain. You can see for this year, the Chief’s salary is $87,603 and the notary administrative Captain is $83,422. The EPPA Contract is a 3-year deal and in the 1st pay period of 2018 they will receive another 2% increase which will bring the Captain’s salary to $85,074.

Mr. Stewart asked the Mayor to reiterate the thought process on this issue. Mayor Brinda started by reminding everyone that on August 25th she put through a detailed referral which was a follow-up referral from the director’s earlier referral. She wants everyone to keep in mind while examining the leadership positions in these departments, that when you look at other communities of the same size as Elyria, the majority has taken the strategy of offering a salary range rather that a set salary. Which gives negotiating power to Mayors and directors that Elyria doesn’t have. When you compare the base of the Police Chief and the Engineer, Parks Director, Economic Director as well, our base is lower than the median. She would like to position us somewhere in the middle so that we can at least be competitive by offering a base salary somewhere in the middle which would calibrate a range that would be negotiating power and to heighten the ceiling of the salary so that we can be competitive. In some cases we’re not even in the middle. With some of those positions, we could require an annual review and provide an annual cost of living increase. It’s a way to be more competitive with these hard to fill positions.

As an example the position for Economic Development Director has been posted since the beginning of this year and the position has been offered but has not been filled because of the salary. We may be in that same dilemma with the Parks Director and Engineer positions that will become available soon. We really should look at making some adjustments as these positions come up, even with the current budget, because the leadership is so important and we don’t want to be a training ground, we need folks with some experience.

Mr. Serazin brought up that these based on the Charter, these are Civil Service positions and there had to be a test. Who makes that decision to set the salary? Mayor Brinda said that is part of the discussion.

Mr. Serazin said that we could take the Chief out of Civil Service and make it a non-classified position and then we can hire whom ever we want and at whatever salary we want. The salary would have to be set and the employee would have to take it. And the people who work for the City already will have longevity built up, that could cause a complication. If we create a range, those positions would have to be taken out of classified civil service.

Mrs. Siwierka said that the law director is correct; we would have to change to paradigm of how we promote and the tests that we give, but if it’s someone that is considering taking the test to be Chief there should be options that the candidate should know of the options. According to the chart, it shows that the subordinates under the chief are making more money because the equalizer of longevity is no longer keeping up because once you get to 20% it stops. We just have to think about a different paradigm of how we pay. If we do it through an appointment and not a test, it’s no different than if we were appointing an Engineer or Parks Director.

Mr. Craig had some questions. 1.) How many increases has the Chief received over the past 10 years?

2.) What are the increases based on? 3.) How often is he evaluated? 4.) What is the current mechanism for giving raises?

Mrs. Siwierka said the Chief gets raises when City Council changes the salaries that go with Chapter 165. Normally, when the other unions have negotiated their contracts, then City Council changes 165. We’re not keeping up with the increases, the ratio is not staying the same. The negotiated settlements are creating a bigger gap. The 2nd page of Mr. Farrell’s hand-out shows the wage increases that were given to Chapter 165; July 2006 = 2%, July 2007 = 2.5%, July 2008 = 3%, Dec. 2011 = 1%, June 2012 = 1.5%. In the Chiefs case the longevity increases have stopped since he is past 20 years, the Captains are also over 20 years.

Mr. Serazin suggested that Council make up a differential that would make up for the lack of base pay that would compensate the Chief for the lack of increase in Chapter 165 base pay which seems to be narrowing the gap. And the Chief would also receive pay raises along with his subordinates, but his rate would be a certain percent higher. Most other cities have separate salaries as applied to the Police and Fire Chiefs. But it has to be a definite figure or a way to calculate that figure based on a differential.

Mrs. Siwierka said that if you took the chief’s salary at $89,000 and added 15% and even with longevity, he will still make less because the others are earning overtime which the chief does not and he will never catch up. For many years the Chapter 165 employees have been given the 1% or 2% increase. What the administration is suggesting is a whole different paradigm, get rid of longevity and have a range that allows for more flexibility depending on qualifications and experience. Many communities that test for the Chief positions have salary ranges.

Mr. Serazin reminded Mrs. Siwierka and Council that we are a Charter City. In the past it’s been simple, the chief has a high salary and almost always has over 20 years of longevity.

You could add a differential on top of the Chief’s salary. The overtime thing is a whole different kind of calculation. They do get comp time and no where on this chart is that calculated. If you’re going to have a salary range, who will make that range, the Administration, Civil Service Commission? It’s arbitrary, if you put someone in there [Chiefs position] and set the salary and you don’t have a test, there could be a lawsuit.

Mayor Brinda said that data can help determine the range, if we collect information from other communities. She said they could do further homework and bring it back to council. It’s pretty clear that other communities have figured it out.

Mr. Korzan, WWPC Plant Superintendent spoke to Council stating that he understands what the Mayor and Director are trying to do with this issue. Mr. Korzan stated that a vast majority of management at the WWPC Plant are at or beyond or close to retirement. When positions are posted and people look at the salaries, they don’t even consider it. He thinks something like a range would be a good idea. So you can at least get people in and be considered. About 95% of the plants management will be gone within the next 3 years, due to retirement. We really want people who know what they’re doing to fill these fields. Mr. Korzan just wanted to make the comment of how he sees it, as a department head.

Chief Whitely spoke and said that years ago they ran into issues of trying to promote through the ranks. They just couldn’t get candidates to even take the tests because their outlook was, that if they promote up, they would go from decent days off and shift pick to the worst days off and working afternoon shift for only a 9% pay raise. The amount of overtime wasn’t available for supervisors as it was for patrolman. That is why the City went to 14.5% between ranks. You have to have supervisors that are quality people. If someone’s sole goal is to promote up so they can say they are at that rank, that is more of an ego driven person as opposed to a good supervisor. We now get more senior people to take the test with the 14.5% increases. Six people just passed the sergeants test that was recently given. There is $2,600 difference in salary between the chief and the captain and there is $2,100 in bonus pay that the Chief doesn’t. Captains get extra weeks vacation, extra holiday, different bereavement leave package, etc. So most employees that are ranked at a Captain, would not want to even consider taking the Chief’s test. Chief Whitely said that he approached the Director to say that he wants the same benefits and same rate differential that the Captains get. Something has to be done, he said he could leave anytime, eventually he’ll retire and we need to be able to replace that position with someone qualified.

Mr. Baird said this is an unfortunate situation that we’ve gotten ourselves into, which has developed over the years. He is all for paying the top people the top pay. Good leadership goes down through the ranks. The biggest problem is the General Fund. Council needs more information in order to move forward.

Mr. Stewart said council needs to gather more information from the Law Director’s office, the Administration and Finance Director and come back to the Finance Committee and ultimately onto full Council. Mr. Stewart asked for the administration to provide the information of other communities that have enacted what was proposed and discussed here today.

Mr. Madison asked if it makes sense for us to have the conversation on cost savings before we discuss the increases across the board. The Police Chief and all the employees work very hard and are deserving. The question is, how do we address the financial situation and how do we prepare for it. Does it make sense for us to tackle the cost savings and understand where the budget is going to line up before we dive into moving forward with salaries. He asked when will the budget and cost savings recommendation process begin? Mr. Stewart said that discussion is on the horizon.

Mayor Brinda did say that the administration submitted a list of cost saving items that were thoughts for discussion. She said they are open for discussion at any time. The budgeting process for 2018 will begin earlier than last year. We do need to look at as many cost saving measures as we possibly can.

Mr. Madison asked for the docket of the grants that we’ve received, applied for, and any potential rebates that have come in within this last fiscal year that would help guide the budget conversation.

Mr. Lotko said that the plan is to have the budget discussion in October, after the sanitation rate discussion. The salary matter will go into pending items and back on the agenda at a later date.

6. The Matter of Ratifying and Authorizing the Mayor to sign an agreement with AFSCME #277.

Mrs. Siwierka said that everyone should have received a copy of the AFSCME agreement that has been tentatively settled with that union. Also, handed out was a 3 page memo that outlines 13 areas that are of importance. Minimum pay has been reduced from 4 hours to 3 hours, minimum was already illuminated in Chapter 165. The probationary period has been changed from 60 days to 90 days. Also, we have tightened the sick leave abuse. Rest periods are 15 minutes, which doesn’t include travel time to their break. Equalization of overtime, records of discipline, overtime lists. Then it came down to the wages; 2 and a half percent for 2017 & 2018, 2 and a half percent for 2018 & 2019 and a wage re-opener for 2019 & 2020. This is a 3-year agreement. The union voted; 54 for and 2 against.

Baird moved, Madison seconded to recommend the approval to authorize the Mayor to sign the agreement with AFSCME #277 and the City of Elyria.

MOTION CARRIED COMMITTEE REPORT WRITTEN

 

7. The Matter of Amending the Salary Ordinance.

Mr. Farrell said that this will incorporate the 2 and a half percent increase which will be retroactive to September 1, 2017.

Baird moved, Madison seconded to recommend the approval of an Ordinance to Amend Ordinance #2016-6, the Salary Ordinance to adjust the wages for AFSCME #277.

MOTION CARRIED COMMITTEE REPORT WRITTEN

Baird moved, Lotko seconded to adjourn the Committee Meeting at 7:09 P.M.

MOTION CARRIED

 

Submitted by,

Colleen Rosado, Secretary

 

NO DELAY in Sanitation Pickup, Week of October 9-14

garbagetruckbannerThere will be NO DELAY in garbage or recycling pickup during the week of the Columbus Day Holiday, October 9-14.  All pickups will run as normally scheduled.  Please call the Department of Sanitation at 440-322-3895 with any questions.

Landmarks Meeting Cancelled – Tuesday, Oct. 10, 2017

Landmarks Meeting Cancelled-Tuesday, Oct. 10, 2017

EVENT: Fri. Oct. 6, 2017 - Fri. Oct. 6, 2017

Oct 10, 2017 Finance Committee

10/6/17

FINANCE COMMITTEE

MEETING AGENDA

Tuesday, October 10, 2017 V. Stewart, Chair Following Joint CD & Finance 1. Approval of the 9/25/17 Finance Meeting Minutes

2. The matter of certifying a list lot mowing charges to the Lorain County Auditor’s Office.

REFERRED BY: Safety Service Secretary, Ginny Hawes

3. The matter of a request to re-classify City Council Secretary from Administrative Secretary to Secretary III.

REFERRED BY: Council Clerk Office

4. The matter of authorizing the Mayor to enter into a contract with Brian K. Balser to represent the City regarding a lawsuit against pharmaceutical companies and suppliers of opioids on a contingent fee basis.

REFERRED BY: Law Director Serazin

5. The matter of the donation of City funds for improvements to 106 Middle Avenue which was donated to the Community Investment Corporation.

REFERRED BY: Finance Director Pileski

6. The matter of a request to amend the 2017 Permanent Appropriations.

REFERRED BY: Finance Director Pileski

 

 

OTHER PENDING ITEMS

1. The matter of citizen requests for additional street lighting. W/ CD Referred by: SSD Siwierka (tabled 1/11/16)4/11/16 tabled to pending items)

2. The matter of a request from Lorain County Administrator Cordes requesting that the City return a portion of water fees for the maintenance of infrastructure. REFERRED BY: SSD Siwierka (tabled 5/31/16)

3. The matter of the county water and sewer billing services. REFERRED BY: SSD Siwierka tabled 10/11/16

4. The matter of equipping police cruisers and police officers with video cameras. (4/24/17 tabled to pending, awaiting prices)

REFERRED BY: Councilman Tanner

5. The matter of Chapter 165, Non-Bargaining Unit Employees. Tabled to 5/30/17

6. The matter of authorizing the Mayor to advertise for bids and enter in a contract for the purchase of tree lawn tree services. W/ Utilities REFERRED BY: SSD Siwierka (Tabled, awaiting Sanitation Rate Study)

7. The matter of the Unpaid (aged) Utility Bills to be placed as Tax Liens to the Lorain County Auditor’s Office. w/ Utilities **( Tabled)** REFERRED BY: Director Siwierka

8. The matter of approving an Ordinance authorizing the Mayor to approve replacing Light Bulbs on State Route 57 to LED Bulbs. (Tabled by Finance Chair 9/11/17) (Utilities and Finance) REFERRED BY: Safety Service Director Siwierka

5. The matter of a review of several Supervisory Salary Ranges for Non-Bargaining Managers, Department Heads and Superintendents. (Tabled 9/11/17 & 9/25/17) REFERRED BY: Mayor Brinda and Safety Director Siwierka

Standing Referrals: Union Contracts, The Fee Ordinance, The Salary Ordinance, Changes to Chapter 165, EPA Matters, Enterprise Zone Agreements / Tax Abatement / CRA Matters-Agreements w/ Community Development, Fire Station Work, Police Complex Work, Issue 2 Matters, Rural Enterprise Zone Matters, sale of City owned land w/ Community Development, Acquiring properties for land reutilization in Compliance with the Neighborhood Stabilization Program. w/Community Development

Finance Agenda October 10, 2017

 

EVENT: Fri. Oct. 6, 2017 - Fri. Oct. 6, 2017

Oct 10, 2017 Community Development

10/6/17

JOINT

COMMUNITY DEVELOPMENT COMMITTEE

WITH FINANCE COMMITTEE

MEETING AGENDA

Tuesday, October 10, 2017

T. Callahan, Chair 6:00 P.M.

1. Approval of the 9/25/2017 CD Meeting Minutes

2. The matter of the FY 2018 Community Development Block Grant Action Plan and Consolidated Plan Annual Update.

PUBLIC HEARING #2

(CD & FINANCE)

REFERRED BY: CD Director A. Scott

 

 

OTHER PENDING ITEMS

1. The matter of the sale of City owned property. The matter of the disposal of City property (Standing referral)

2. The matter of entering into agreements for tax abatement, urban enterprise zones, and the CRA #3. w/ Finance

(Standing referral)

3. The matter of acquiring properties for land reutilization in compliance with the Neighborhood Stabilization Program. w/Finance (Standing referral)

4. The matter of the acceptance of several subdivisions. (Subdivisions basically awaiting completion of sidewalks)

5. The matter of accepting New Riverbend Subdivision No. 1 and No. 2.

6. The matter of a request by property owners to remove their properties from their inclusion in the West Avenue Historical District. w/Planning Commission REFERRED BY: Bob Tarry

7. The matter of citizen requests for additional street lighting. W/ Finance Referred by: SSD Siwierka (tabled 1/11/16) (4/11/16 tabled to pending)

8. The matter of amending Chapter 1166.04 to add a new conditionally permitted use to the H-I Heavy Industrial District for the cultivation of medical marijuana as contemplated by Chapter 3796 of the ORC. W/ Planning Commission

REFERRED BY: Assist. Law Director Breunig

9. The matter of a request to rezone the property at 202 Chestnut Street, which is owned by the City of Elyria. Currently zoned B-N ( Business Neighborhood District) to rezone to R-MHH (Residential-Multi-Household High Density) W/Planning Commission

REFERRED BY: Assist. Safety Service Director Brubaker

 

 

CD Agenda Oct. 10, 2017

 

Landmarks Special Meeting-Thursday, Oct. 5, 2017

Landmarks Special Meeting -10-5-17

EVENT: Tue. Oct. 3, 2017 - Tue. Oct. 3, 2017

Sept 18, 2017 Council Meeting Minutes

Minutes Approved September 18, 2017

Regular Council Meeting

Elyria City Council

  1. CALL TO ORDER

The regular meeting of Elyria City Council was called to order on September 18, 2017 at 7:00 P.M. by President Lotko. President Lotko opened the meeting with a moment of reflection and it was followed by the Pledge of Allegiance to the Flag of the United States of America led by President Lotko and Clare.

  1. ROLL CALL: COUNCIL MEMBERS

PRESENT: Callahan, Cerra, Mitchell, Baird, Stewart, Jessie, Craig, Madison, Tanner, Lotko

ABSENT: Davis

OTHERS

PRESENT: Mayor Brinda, Asst. Finance Director Farrell, Law Director Serazin, ASSD Brubaker, Engineer Ujvari, Police Chief Whitely, Clerk Bullocks

OTHERS

ABSENT: SSD Siwierka, Fire Chief Benton

Mitchell moved, Baird seconded to excuse Mrs. Davis’s absence.

MOTION CARRIED

  1. PUBLIC HEARINGS:

The meeting recessed for the first Public Hearing at 7:05 P.M. Clerk Bullocks read the call to the Public Hearing.

You are hereby notified a public hearing will be held on

Monday, September 18, 2017 at 7:00 P.M. in

Council Chambers, Elyria City Hall, 131 Court

Street, Elyria, Ohio, to consider the following:

An ordinance pursuant to Chapter 913, Codified

ordinances of the City of Elyria, Ohio vacating

a portion of State Street, located west of Middle

Avenue in the City of Elyria, Ohio.

President Lotko stated that all present had heard the call to the Public Hearing.

President Lotko asked if there were any proponents.

Attorney Howard Lane 5333 Meadow Lane Ct.

Mr. Lane is here to speak on behalf of his client; Elyria City School District Board of Education. They are seeking to vacate a portion of State Street, which is about 250 feet west of the intersection of Middle Avenue. It consists of about .023 acres of land. All of the parcels sought to be vacated are owned by the school district. The vacation is being requested for the Elyria City Sports Complex. About 250 feet of State Street will remain a public road off of Middle Ave.

 

 

  1. PUBLIC HEARINGS: Continued

President Lotko asked if there were any other proponents. There were none.

President Lotko asked if there were any opponents. There were none.

President Lotko declared the Public Hearing had been held. The meeting resumed at 7:08

P.M.

Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2017-132

AN ORDINANCE PURSUANT TO CHAPTER 913, CODIFIED ORDINANCES OF THE CITY OF ELYRIA OHIO, VACATING A PORTION OF STATE STREET, LOCATED WEST OF MIDDLE AVENUE IN THE CITY OF ELYRIA, OHIO

 

Callahan moved, Mitchell seconded to pass this ordinance on its third reading.

PASSAGE:

AYE: 10

NAY: 0

ABSENT: 1 (Davis)

MOTION CARRIED

The meeting recessed for the second Public Hearing at 7:09 P.M.

Clerk Bullocks read the call to the Public Hearing.

You are hereby notified a public hearing will be held on Monday, September 18, 2017 at 7:00 P.M. in Council Chambers, Elyria City Hall, 131 Court Street, Elyria, Ohio, to consider the following:

An Ordinance Amending Section 1131.02, Codified Ordinances of the

City of Elyria, Ohio, known as the Rezoning Ordinance, to Rezone Real

Property owned by the Elyria City School District Board of Education

and located off Oberlin Road, 2031 West Avenue and 1915 Middle

Avenue from Residential Two-Household District (R-TH) to

Business-General District (B-G) and Real Property owned by the

Elyria City School District Board of Education and located off State Street,

Rear Land (Stegman Allotment), off Middle Avenue (Stegman Allotment)

and 2119 Middle Avenue from Residential-Medium Density District (R-MD)

to Business-General District (B-G).

President Lotko stated that all present had heard the call to the Public Hearing.

  1. PUBLIC HEARINGS: Continued

President Lotko asked if there were any proponents.

Attorney Howard Lane, 5333 Meadow Lane Ct.

Mr. Lane is here to speak on behalf of his client; Elyria City School District Board of Education. They are requesting 31 parcels of land located in the area where the current Football Stadium is. This is being requested in conjunction with the district’s plans for construction of a new multi-sports complex. The application filed with the city lays out the location of those 31 parcels. The northern parcels are currently Residential – Two Household and southern parcels are listed as Residential – Medium Density. There is a small parcel of land that is being donated that is currently Residential – Multi Household High Density. They are asking for all the parcels be identified as Business General. Business General is required for the construction of the complex as planned. The parcels should already have been designated as Business General which allows for permitted use such as educational institutions, government buildings, commercial recreation, non-commercial recreation and public parking areas. The parcels have been used has a football stadium and athletic field for the district for decades. So by changing these parcels into Business-General, they would be in harmony with the code as it currently stands.

The Consultants have made a traffic study and have concluded that this will not result in any traffic congestion. There will be a new entrance into the facility that will be off Oberlin Road and that will alleviate some of the traffic that the current facility has. There will not be a change in lighting. The stadium will actually be moving farther away from the residents, by moving from the northern part of the property to the southern part of the property.

This Sports Complex is a result of years of planning by the school district. These improvements will be a benefit not only for the school district, but also to the city. This will be a state-of-the art facility.

Mr. Madison wanted to thank the residents that were in attendance and go on the record as saying that he met with some residents and some had concerns. He doesn’t want their voices to feel like they’re shut out of the process. The concerns are not how they relate to the project but moving forward, how are we investing in the neighborhood and to continue to build off the work that is taking place with the new complex and stadium. That conversation will have to continue as to how to invest in the neighborhood and include the voices of the residents. Mr. Madison supports this project. He wants to thank the schools. Superintendent Jama has been very clear about having local participation and having local people work on this project. On October 5th, the South side Neighborhood Network will be launched to create the dialogue and will keep this conversation going.

President Lotko asked if there were any other proponents. There were none.

President Lotko asked if there were any opponents. There were none.

 

 

 

 

  1. PUBLIC HEARINGS: Continued

President Lotko declared the Public Hearing had been held. The meeting resumed at 7:15

P.M.

Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2017-133

AN ORDINANCE AMENDING SECTION 1131.02 CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OH, KNOWN AS THE ZONING ORDINANCE, TO REZONE REAL PROPERTY OWNED BY THE ELYRIA CITY SCHOOL DISTRICT BOARD OF EDUCATION AND LOCATED OFF OBERLIN RD., 2031 WEST AVE., AND 1915 MIDDLE AVE. FROM RESIDENTIAL TWO-HOUSEHOLD DISTRICT (R-TH) TO BUSINESS-GENERAL DISTRICT (B-G) AND REAL PROPERTY OWNED BY THE ELYRIA CITY SCHOOL DISTRICT BOARD OF EDUCATION AND LOCATED OFF STATE STREET REAR LAND (STEGMAN ALLOTMENT), OFF MIDDLE AVE. (STEGMAN ALLOTMENT) AND 2119 MIDDLE AVE. FROM RESIDENTIAL-MEDIUM DENSITY DISTRICT (R-MD) TO BUSINESS-GENERAL DISTRICT (B-G) AND REAL PROPERTY OWNED BY THE ELYRIA CITY SCHOOL DISTRICT BOARD OF EDUCATION OFF OF OBERLIN RD FROM MULTI -HOUSING HIGH DENSITY DISTRICT (R-MHH) TO BUSINESS-GENERAL (B-G) AND A PORTION OF STATE STREET WEST OF MIDDLE AVENUE TO BE VACATED TO BUSINESS-GENERAL DISTRICT (B-G).

Callahan moved, Mitchell seconded to pass this ordinance on its third reading.

PASSAGE:

AYE: 10

NAY: 0

ABSENT: 1 (Davis)

MOTION CARRIED

President Lotko declared the Public Hearing had been held. The meeting resumed at 7:15

P.M.

  1. APPROVAL OF MINUTES:

Cerra moved, Tanner seconded that the Regular Meeting Minutes of September 5, 2017 be approved as printed.

MOTION CARRIED

  1. REMARKS AND REPORTS OF CITY OFFICIALS:

Mayor Brinda: Reported that this year’s Apple Festival was a success. The City of Elyria was chosen by the Bloomberg Foundation to participate in the National Mayor’s Challenge. The administration has been working with a number of community members to put together an initiative to solve the strategic problems in the community. The focus will be on work force development, working with pilot companies who have a large number of openings for unskilled and skilled labor. We are in the process of putting the project together. It will be designed to be replicable and apply to other areas for the purposes of

  1. REMARKS AND REPORTS OF CITY OFFICIALS: Continued

economic development. National facilitators have been sent to Elyria and have been engaging with volunteers on a voluntary basis. The bonus would be if our proposal is ranked high enough to win one of three tiers of prizes in the US. We are one of 3 cities chosen, the 1st tier of awards for initial implementation is $100,000, the 2nd tier is one million dollars and the 3rd tier is 5 million dollars. Even if the city doesn’t get a financial award, we would still be left with a structure that we can use as a community moving forward to be able to fill some of the employment gaps in the community. The project is due by the middle of October so they will be out in the community doing some date collection.

Asst. Finance Director Farrell: No Report

Law Director Serazin: No Report

Police Chief Whitely: Report is attached herewith, made a part thereof and designated as Exhibit “A”.

Assistant Safety Service Director Brubaker: No Report

Engineer Ujvari: Report is attached herewith, made a part thereof and designated as Exhibit “B”.

Mr. Tanner asked about the area on East Bridge Street, under the bridge, staying that the road in that area is pretty bad. Mr. Ujvari said he will look into that with the Street Department. He also said there are some bad areas on Cleveland Street and they will try to address those. The City are looking at OPWC Funding for the area of East Bridge Street from Cleveland Street to East Broad Street. They will have the outcome on that by the 1st of November. If we don’t make the cut, we could look into re-doing that with Issue 6 Funds.

Mr. Craig stated that since the hill on Gulf is effectively closed, there are some rather large holes opening up on it. He asked about some temporary patching. Mr. Ujvari said they are working with a consultant right now on a proposal to do some drainage work down near the base of the hill to address the drainage before we do a permanent pavement repair. It will be a 2-prong effort. That stretch of Gulf Road is also on the OPWC list. Mr. Craig is concerned about the large holes that need to be filled in at least for a temporary fix. Mr. Ujvari stated that his office will address that issue.

Mr. Ujvari wanted to make a comment about the street list that council members are putting together and he would like to convene a meeting to discuss those lists sometime in October.

WWPC Superintendent Korzan: No Report

  1. PRESIDENT’S REFERRALS AND REMONSTRANCES:
  2. The matter of a request for a Transfer of a Liquor License Distinct CLE, LLC, 33467 Lake Road, Suite 206A, Avon Lake to Distinct CLE, 830 Taylor Street, Elyria (Permit Class C2).

REFERRED BY: Ohio Division of Liquor Control

REFERRED TO: Community Development, EPD, SSD, Bldg. Dept.

 

  1. PRESIDENT’S REFERRALS AND REMONSTRANCES: Continued
  2. The matter of authorizing the Mayor to advertise and enter into a Professional Service Agreement for the resurfacing project of Chestnut Ridge Road. (Monies are not appropriated)

REFERRED BY: Eng. Ujvari

REFERRED TO: Utilities/Finance

  1. The matter of a rezoning request for City owned property located at 202 Chestnut St. (Former Health Department Building)

REFERRED BY: G. Smith, Administrative Legal Council

REFERRED TO: Planning Commission/Community Development

  1. PETITIONS–COUNCIL MEMBERS: None
  2. PETITIONS–LOBBY:

1.) Jeff Baxter, 160 Burns Rd., Elyria. Mr. Baxter spoke on the issue of a Citizens Advisory Panel and multiple source cable TV. Mr. Baxter distributed a hand-out that states the mission statement of the Citizens Advisory Panel. Mr. Baxter explained the purpose of the panel, the construction of the panel and the operations of the panel, which is also explained on the said hand-out, which is attached herewith, made a part thereof and designated as Exhibit “C”.

Mr. Baxter also distributed a hand-out regarding Multiple Source Cable TV in Elyria, which is attached herewith, made a part thereof and designated as Exhibit “D”. Mr. Baxter feels there should be some competition for Cable TV Companies in the City which will provide residents a better price and a selling point for people who want to come to live in Elyria.

Mr. Jessie thanked Mr. Baxter for his positive ideas and passion to make Elyria a better place.

2.) Carol Hobert, 440 Olivet Dr., Elyria. Mrs. Hobert spoke to Council at the September 5th meeting about the Section 8 housing in her neighborhood. Today she is bringing to the attention about one of those neighbors who have a large ‘fire pit’ in their backyard. Those residents burned in the ‘fire pit’ from Friday, September 8th through Sunday, September 10th, (all day and all night). They burned green wood which caused a lot of smoke. There are some residents in the neighborhood that have asthma. Mrs. Hobert said she called the Fire Department to find out what the regulations are for ‘fire pits’. Mrs. Hobert was surprised to find out that even in small yards, ‘fire pits’ are allowed. Mrs. Hobert thinks maybe the City should not allow ‘fire pits’ in yards and only allow grills for cooking. She feels that residential yards are not campgrounds and fire pits shouldn’t be allowed in backyards. She will continue to call the Fire Department, unfortunately it must cost the Fire Department money every time they get calls for ‘fire pit’ issues. Mrs. Hobert’s notes are attached herewith, made a part thereof and designated as Exhibit “E”.

  1. REPORTS OF STANDING AND SPECIAL COMMITTEES: None

 

 

 

  1. RESOLUTIONS–FIRST READING:
Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

RESOLUTION NO. R 2017-16

A RESOLUTION APPROVING COSTS SUBMITTED BY THE SAFETY SERVICE DIRECTOR FOR COLLECTION RELATED TO UNSAFE BUILDING ABATEMENT, DIRECTING THE CLERK OF COUNCIL TO CERTIFY SAID COSTS TO THE LORAIN COUNTY AUDITOR, AND DECLARING AN EMERGENCY.

Stewart moved, Madison seconded to pass this resolution on its first reading under suspension of the rules and declaring an emergency.

SUSPENSION: EMERGENCY PASSAGE:

AYE: 10 AYE: 10 AYE: 10

NAY: 0 NAY: 0 NAY: 0

ABSENT: 1 (Davis) ABSENT: 1 (Davis) ABSENT: 1 (Davis)

MOTION CARRIED MOTION CARRIED MOTION CARRIED

  1. RESOLUTIONS–SECOND READING: None
  2. RESOLUTIONS–THIRD READING: None
  3. ORDINANCES–FIRST READING:
Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-134

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INSURANCE CONTRACT WITH BCS INSURANCE COMPANY, THROUGH ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC., FOR THE CITY OF ELYRIA’S CYBER LIABILITY INSURANCE, AND DECLARING AN EMERGENCY.

Stewart moved, Madison seconded to pass this ordinance on its first reading under suspension of the rules and declaring it an emergency.

SUSPENSION: EMERGENCY: PASSAGE:

AYE: 10 AYE: 10 AYE: 10

NAY: 0 NAY: 0 NAY: 0

ABSENT: 1 (Davis) ABSENT: 1 (Davis) ABSENT: 1 (Davis)

MOTION CARRIED MOTION CARRIED MOTION CARRIED

 

 

  1. ORDINANCES–FIRST READING: Continued
Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-135

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INSURANCE CONTRACT WITH BCS INSURANCE COMPANY, THROUGH ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC., FOR THE CITY OF ELYRIA’S CYBER LIABILITY INSURANCE, AND DECLARING AN EMERGENCY.

 

Stewart moved, Madison seconded to pass this ordinance on its first reading under suspension of the rules and declaring it an emergency.

SUSPENSION: PASSAGE:

AYE: 11 AYE: 11

NAY: 0 NAY: 0

ABSENT: 1 (Davis) ABSENT: 1 (Davis)

MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-136

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INSURANCE CONTRACT WITH XL INSURANCE AMERICA, INC., THROUGH ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC., FOR THE CITY OF ELYRIA’S BOILER AND MACHINERY INSURANCE AND DECLARING AN EMERGENCY.

Stewart moved, Madison seconded to pass this ordinance on its first reading under suspension of the rules and declaring it an emergency.

SUSPENSION: EMERGENCY PASSAGE

AYE: 10 AYE: 10 AYE: 10

NAY: 0 NAY: 0 NAY: 0

ABSENT: 1 (Davis) ABSENT: 1 (Davis) ABSENT: 1 (Davis)

MOTION CARRIED MOTION CARRIED MOTION CARRIED

 

 

 

 

 

 

 

 

  1. ORDINANCES–FIRST READING: Continued
Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-137

AN ORDINANCE AUTHORIZING THE WAIVER OF THE REQUIREMENTS OF ELYRIA CITY CODIFIED ORDINANCES SECTION 109.13 FOR THE DEMOLITION AND/OR CONSTRUCTION OF ANY CITY PROJECTS IN THE YEARS OF 2017, 2018 AND 2019, AND DECLARING AN EMERGENCY.

Stewart moved, Madison seconded to pass this ordinance on its first reading under suspension of the rules and declaring an emergency.

SUSPENSION: EMERGENCY PASSAGE:

AYE: 10 AYE: 10 AYE: 10

NAY: 0 NAY: 0 NAY: 0

ABSENT: 1 (Davis) ABSENT: 1 (Davis) ABSENT: 1 (Davis)

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-138

AN ORDINANCE AUTHORIZING THE WAIVER OF A REZONING FEE FOR CITY PROPERTY LOCATED AT 202 CHESTNUT STREET, ELYRIA, OHIO AND DECLARING AN EMERGENCY.

Stewart moved, Madison seconded to pass this ordinance on its first reading under suspension of the rules and declaring an emergency.

SUSPENSION EMERGENCY PASSAGE:

AYE: 10 AYE: 10 AYE: 10

NAY: 0 NAY: 0 NAY: 0

ABSENT: 1 (Davis) ABSENT: 1 (Davis) ABSENT: 1 (Davis)

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-139

AN ORDINANCE AMENDING ORDINANCE NO. 2017-30, KNOWN AS THE “2017 PERMANENT APPROPRIATIONS ORDINANCE”, TO CHANGE FUNDS IN VARIOUS ACCOUNTS.

 

 

  1. ORDINANCES–FIRST READING: Continued

Stewart moved, Madison seconded to pass this ordinance on its first reading under suspension of the rules.

SUSPENSION: PASSAGE:

AYE: 10 AYE: 10

NAY: 0 NAY: 0

ABSENT: 1 (Davis) ABSENT: 1 (Davis)

MOTION CARRIED MOTION CARRIED

Sponsored by:

Utilities:

D. Mitchell

B. Davis

J. Cerra

L. Tanner

M. Craig

ORDINANCE NO. 2017-140

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO FIVE (5) YEAR LEASE PURCHASE AGREEMENTS TO PROCURE TWO (2) VACTOR MODEL 2115 SEWER CLEANING TRUCKS, THROUGH THE OHIO STATE PURCHASING PROGRAM FOR THE WWPC PLANT.

Mitchell moved, Craig seconded to pass this ordinance on its first reading under suspension of the rules.

SUSPENSION: PASSAGE:

AYE: 10 AYE: 10

NAY: 0 NAY: 0

ABSENT: 1 (Davis) ABSENT: 1 (Davis)

MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

Utilities:

D. Mitchell

B. Davis

J. Cerra

L. Tanner

M. Craig

ORDINANCE NO. 2017-141

AN ORDINANCE AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO NOACA, AND ACCEPT, IF OFFERED, A TLCI IMPLEMENTATION GRANT THAT WILL SERVE TO PROMOTE THE PEDESTRIAN AND BICYCLIST CONNECTIVITY WITH ELY SQUARE, EAST FALLS RIVERWALK, AND THE PROPOSED LORAIN COUNTY METRO PARK BLACK RIVER BIKEWAY – PHASE 4B, AND DECLARING AN EMERGENCY.

 

 

 

 

 

  1. ORDINANCES–FIRST READING: Continued

Stewart moved, Mitchell seconded to pass this ordinance on its first reading under suspension of the rules and declaring an emergency.

Discussion: Mr. Craig asked when will we have a more specific idea of what exactly we’re applying for, since it will be used with Issue 6 Funds that were not previously appropriated? Mr. Ujvari answered but it was inaudible.

SUSPENSION: EMERGENCY: PASSAGE:

AYE: 10 AYE: 10 AYE: 10

NAY: 0 NAY: 0 NAY: 0

ABSENT: 1 (Davis) ABSENT: 1 (Davis) ABSENT: 1 (Davis)

MOTION CARRIED MOTION CARRIED MOTION CARRIED

  1. ORDINANCES–SECOND READING: None
  2. ORDINANCES–THIRD READING: None
  3. COMMITTEE CALLS:

COMMUNITY DEVELOPMENT 9/25/17 6:00 P.M. All Referred Council Chambers w/Law Director, SSD, Engineer, Bldg. Insp.

FINANCE 9/25/17 6:10 P. M. All Referred Items Council Chambers w/Mayor, Auditor, Law Director, SSD, Engineer

UTILITIES 9/27/17 6:00 P.M. All Referred Items Council Chambers w/Mayor, SSD, Finance Director, Law Director

STRATEGIC PLANNING 10/2/17 Immediately following Council All Referred Items Council Chambers W/ Mayor, Safety Service Director, Auditor, Solicitor, Engineer

  1. MISCELLANEOUS AND UNFINISHED BUSINESS:

Mr. Jessie requests a ‘Special Meeting’ on the 5th Monday of October. He would like to call it a ‘Town Hall Meeting’ and get the word out and invite residents. This meeting would be to discuss Issue 6 Money. We could have figures of money that has been collected and projects that have been done and answer questions. We want to everyone to be confident that we are holding the course of what we intended. Mr. Jessie would like to get the word out on Connect Elyria, Facebook and The Chronicle. Mr. Jessie thought that Council Chambers may not be large enough and he will look into other locations of where the meeting can be held. The tentative date was set for October 30th. (The date for the said ‘Town Hall Meeting’ is actually scheduled for Monday, October 23rd).

Mr. Serazin said that there are legal formalities in order not to violate ‘The Sunshine Law’. For instance the media would have to be notified and the meeting would have to stick to the topic that the meeting is designated for.

 

  1. MISCELLANEOUS AND UNFINISHED BUSINESS: Continued

Mr. Jessie also wanted to discuss an issue regarding Amazon looking for a metropolitan area for their 2nd Corporate Headquarters. Mr. Jessie distributed a hand-out on information with information of what Amazon is looking for. Mayor Brinda said that the City has looked into this and thought that the best bet would be to support the City of Cleveland’s efforts to leverage this opportunity. Elyria is not large enough to support this. Amazon will be hiring over 50,000 people. There is potential for Elyria even if it’s in Cleveland.

A resident who was in the audience, came to the microphone to speak on this topic; Jennifer Barilla, 116 Harvard Avenue, Elyria. Ms. Barilla stated that she works for Amazon and said that Mayor Brinda is correct, that Elyria isn’t what Amazon is looking for. Elyria doesn’t have public transit that is required. Randal Park is a fulfillment center and if Cleveland gets the ‘Headquarters’ which is massive, the trickle down will be huge. Then they will be building more fulfillment centers. Ms. Barilla said that she works in the Logistics Department Center and she fulfills orders that people place from app’s on their phone. Mr. Lotko thanked Ms. Barilla for her insight on this issue.

Mr. Madison wanted to let the audience know that at 6:30 on October 5th at The Boys & Girls Club of Lorain County, the City will be launching the South Side Elyria Network. It will be the structure to allow community input and to tackle community issues and provide community organizations the opportunity to interact and share feedback and suggestions for the 5th Ward.

On October 7th in collaboration with the Community Foundation there will be a Community Block Party for children, seniors and families in the EHS student parking lot on West Avenue, from 12:00 – 4:00 PM.

Mr. Madison asked Council President when the discussion of the cost saving recommendations and the budget issues will be begin? Mr. Lotko said it will be soon. He said the Sanitation Rate and Recycling issues will be discussed at the next meeting, so it will be some time after that.

Mr. Craig spoke on the topic of noise barriers along The Ohio Turnpike. Mr. Craig said that we are the only city that has a turnpike that runs directly through our city. A resolution was passed in 2016 (R2016-15) to complete a noise impact study. We should look into see about getting some funds so we could have some noise mitigation through our city. Mr. Craig would like to refer that back to the Utilities Committee so that we can get an update and see what we need to do to move that forward.

(Matter has been referred to the next Utilities Committee Meeting).

  1. ADJOURNMENT:

Stewart moved, Madison seconded to adjourn the Regular Council Meeting at 8:03P.M.

MOTION CARRIED

Mr. Lotko called the Strategic Planning Meeting to order at 8:13 P.M.

Item #1, The matter of the Sanitation Rate Study was Tabled.

Item #2. The matter of an agreement with Republic Services for the removal (at cost) of mixed recycled glass from Elyria Households via Elyria Sanitation Department was Tabled.

Mr. Serazin started the discussion on the topic to put it in perspective. The State of Ohio filed an action against a number of Drug Companies; Purdue, Endotiva, Johnson-n-Johnson, Allergan. The State

accused those companies of downplaying (or not disclosing) the addition risks of some of their medications and as a result of that it has reeked havoc on the Criminal Justice System and the people who had to enforce the Laws in the State of Ohio, Lorain County, Lorain and Elyria. Each had unique damages. In June the Ohio Attorney General filed an action. He alleged 4,000 deaths in the State of Ohio in 2016 as a result of the Opioid Issue. The Attorney can speak for the State costs. But there are also local costs. Lorain filed a case on June 29, 2017 in Lorain County Common Pleas Court. What happens with these litigations are they end upbeing grouped together, though they

  1. MISCELLANEOUS AND UNFINISHED BUSINESS: Continued

aren’t ‘class action suites’, but you have multiple plaintiffs and the same defendants and the cost can be expensive.

Mr. Brian Balser is a local attorney and has dealt with a number of these lawsuits. If Council wants to pursue Mr. Balser can explain and answer questions. Mr. Serazin feels this is something that should be addressed and considered.

Attorney Brian Balser, 5311 Meadow Lane Ct., Sheffield Village Mr. Balser has practiced law in Lorain County for over 30 years, with the last 16-17 years in pharmaceutical litigation. He had defended over 1,800 individuals in the Fen Phen litigation. Mr. Balser represents people in communities on a contingent bases. If no recovery, there is no cost. This litigation will take some time; it’s in its infancy

.

The pharmaceutical companies along with the distributors have made billions of dollars. It goes back to greed and they aren’t concerned about community safety. There are laws in place for community safety. There is much harm that has been done to cities throughout the state, including Elyria. You see it in the papers everyday. 80% of the people who are heroin users have reported they started with a type of Opioid that was prescribed. These companies have gone past having the medicine prescribed just for pain and started marketing it to primary care doctors and were deceptive in terms of what the drug would do and how addictive it was.

Mrs. Mitchell asked if the doctors should bear some responsibility as well, since they’re the ones that write the prescriptions. Mr. Balser said that the doctors rely upon what they are told by the pharmaceutical companies. They rely upon the pharmaceutical companies to give them accurate information. The doctors are being deceived as well as the public.

Mr. Baird feels everyone is in agreement with what Mr. Balser is saying. He wonders where do we go from here? How do we proceed? Mr. Serazin said that he would make a referral to Council and authorize Mr. Balser to take action on our behalf and go from there. It will be similar to the Medical Mutual Case. After more discussion we could get the agreement going and get working on it. Mr. Serazin is satisfied with Mr. Balser’s expertise and the fact that he’s local.

President Lotko thanked Mr. Balser.

Mr. Lotko stated that there is no further business.

Mr. Baird made a motion to adjourn, seconded by Stewart.

MOTION CARRIED

 

Forrest L. Bullocks Michael J. Lotko, III

Clerk of Council President of Council

EVENT: Mon. Oct. 2, 2017 - Mon. Oct. 2, 2017

Oct 2, 2017 Council Meeting Agenda

YOU ARE HEREBY NOTIFIED THAT THE FOLLOWING LEGISLATION

WILL BE CONSIDERED AT THE REGULAR COUNCIL MEETING

MONDAY, OCTOBER 2, 2017

PUBLIC HEARING

  1. ORDINANCE NO. 2017-

AN ORDINANCE TO APPROVE THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES; TO PROVIDE FOR THE ADOPTION OF NEW MATTER IN THE UPDATED AND REVISED CODIFIED ORDINANCES; AND REPEALING ORDINANCES AND RESOLUTIONS IN CONFLICT THEREWITH.

 

REPORTS OF STANDING AND SPECIAL COMMITTEES

  1. COMMITTEE REPORT 2017-

WE HAVE CONSIDERED THE MATTER OF A REQUEST FOR A LIQUOR LICENSE TRANSFER TO DISTINCT CLE, LLC, DBA DISTRICT CLE, 830 TAYLOR STREET (PERMIT CLASS C2), AND, RECOMMEND: THAT THE CITY OF ELYRIA DOES NOT REQUEST A HEARING

ORDINANCES–FIRST READING

  1. ORDINANCE NO. 2017-

AN ORDINANCE RATIFYING AND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT BY AND BETWEEN THE CITY OF ELYRIA AND LOCAL #277, OHIO COUNCIL 8, OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (A.F.S.C.M.E.), AND DECLARING AN EMERGENCY.

  1. ORDINANCE NO. 2017-

AN ORDINANCE AMENDING ORDINANCE NO.2016-6, KNOWN AS THE SALARY ORDINANCE TO INCREASE THE WAGES OF LOCAL #277, OHIO COUNCIL 8, OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (A.F.S.C.M.E.), AND DECLARING AN EMERGENCY.

  1. ORDINANCE NO. 2017-

AN ORDINANCE AMENDING ORDINANCE NO. 2017-30, KNOWN AS THE “2017 PERMANENT APPROPRIATIONS ORDINANCE”, TO CHANGE FUNDS IN VARIOUS ACCOUNTS.

  1. ORDINANCE NO. 2017-

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A PROFESSIONAL DESIGN SERVICES AGREEMENT FOR THE LOR-CHESTNUT RIDGE ROAD RESURFACING PROJECT.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Council Agenda October 2, 2017.wpd

Fire Hydrant Flushing For Friday September 29, 2017

Murray Ridge Road

Northfield

Alexander

 

 

EVENT: Thu. Sep. 28, 2017 - Thu. Sep. 28, 2017

Sept 13, 2017 Utility Meeting Minutes

The tape of this meeting is on file in the Council Clerk’s Office

TO THE HONORABLE COUNCIL

CITY OF ELYRIA, OHIO

The Utilities, Safety & Environment Committee held a meeting on Wednesday, September 13, 2017 at 6:00 P.M. in Council Chambers.

PRESENT: Committee Chair Mitchell, Members Davis, Tanner, Cerra, Craig ABSENT: None

OTHERS PRESENT: Safety Service Director Siwierka, Wastewater Director Korzan, Assistant Engineer Schneider, Assistant Law Director Office Breunig

BUSINESS OF THE UTILITY, SAFETY & ENVIRONMENT COMMITTEE MEETING

1. Approval of the 8/23/2017 meeting minutes.

Cerra moved, Davis seconded to approve the 8/23/2017 meeting minutes.

MOTION CARRIED

2. The matter of the recommending an Ordinance authorizing the Mayor to apply for and accept, if offered, Grant Funding, (TLCI Grant) (Approved at Finance on 9/11/17)

Referred by: Engineer Tim Ujvari

Assistant Engineer, John Schneider was in attendance to explain this matter. He said that this referral is similar to one that was made a year ago. NOACA is providing the possibility of Grant money for the TLCI Implementation. The City’s share for the project would be $60,000 which would come from the Issue 6 Fund. The Grant amount would be for $290,00. The total cost of the project would be $350,000. The limits on the project would be the Downtown Area, 2nd Street; new crosswalks and new lighting. The City was successful in the last 2 applications and hoping to be successful in this one as well.

Davis moved, Cerra seconded to recommend an Ordinance authorizing the Mayor to apply for and accept, if offered, Grant Funding, (TLCI Grant) Emergency clause applies for application deadline.

MOTION CARRIED COMMITTEE REPORT WRITTEN3. The matter of authorizing the Mayor to enter into a 5-Year Lease for two (2) new Vactor Model 2115 Combination sewer cleaning trucks.

Referred by WWPC Superintendent Terry Korzan

Mr. Korzan stated the plant has one Vactor Truck that will be returned back to the dealer because the 5-year lease is up. Another Vactor truck is 14 years old and the jet part of the truck works but the vac part of the truck does not. So to keep the compliment of vactor trucks at 4, they are asking for permission to lease 2 new ones from Jack Doheny Companies. The annual lease payment for each truck will be $54,234.44. We would have 2 brand new trucks for 5 years for a total cost of around $250,000 for each truck. The leasing program is working very well. Once the trucks are around 7 years old, maintenance issues start happening to the trucks and it’s best to replace them before the expense of repairs.

Moved by Craig and seconded by Davis to recommend authorizing the Mayor to enter into a 5-Year Lease for two (2) new Vactor Model 2115 Combination sewer cleaning trucks. Money has been appropriated.

MOTION CARRIED COMMITTEE REPORT WRITTENMoved by Cerra, seconded by Davis to adjourn the meeting at 6:10 P.M. MOTION CARRIED

Submitted by,

 

Colleen Rosado, Secretary

 

Fire Hydrant Flushing For Thursday September 28, 2017

Hydrants for today: 

Killdeer Ln

Mockingbird LN

 

Fire Hydrant Flushing For Wednesday September 27, 2017

Northfield

Alexander

 

EVENT: Tue. Sep. 26, 2017 - Tue. Sep. 26, 2017

Sept 11, 2017 Finance Meeting Minutes

The tape of this meeting is on file in the Council Clerk’s Office.

TO THE HONORABLE COUNCIL, CITY OF ELYRIA, OHIO

The Finance Committee held a meeting on Monday, September 11, 2017 at 6:07 P.M. in Council Chambers.

PRESENT: Committee Chair Stewart, Members Tanner, Madison, Baird, Lotko ABSENT: None

OTHERS PRESENT: Mayor Brinda, Safety Service Director Siwierka, Law Director Serazin, WWPC Superintendent Korzan, Engineer Ujvari, Finance Director Pileski, Police Chief Whitely, Assistant Safety Service Director Brubaker, Communications Superintendent Showalter

Mr. Stewart called the Finance Committee Meeting to order at 6:07 on September 11, 2017

1. Approval of the 8/28/17 and 9/5/2017 Meeting Minutes.

Lotko moved and Baird seconded to approve the minutes of the 8/28/17 and 9/5/2017

Finance Committee Meeting.

MOTION CARRIED

 

2. The matter of a request to Adopt the Updated and Revised Codified Ordinances of the City of Elyria, (informally known as the “re-codification” process).

REFERRED BY: Law Director’s Chief of Staff Deery

Mr. Serazin said this is a standard annual process to codify the ordinances that have been passed by Council and which effect the ECO. His office goes through the ordinances to make sure they have correct back up. They have finished that process and have listed all the changes and new pages will be received once the matter has been passed by council.

Tanner moved, seconded by Baird to recommend approval of the updated and revised Codified Ordinances of the City of Elyria.

MOTION MOVED COMMITTEE REPORT WRITTEN 

3. The matter of a request to Certify Demolition Charges of 835 Fairwood Blvd. to the Lorain County Auditor’s Office. REFERRED BY: Assistant Safety Service Director Brubaker

Mr. Brubaker explained that there was a house fire at said property and was reported to be beyond repair, therefore the City had to do an emergency demolition. The property owner had no homeowners insurance. In order to protect the interest of the city, Mr. Brubaker is asking for a lien to be placed on the property taxes for the demolition cost of $12,000 which had come out of the General Fund.

Lotko moved, seconded by Baird to recommend to certify the demolition cost of said property for the amount of $12,000 to the Lorain County Auditor’s Office.

MOTION MOVED COMMITTEE REPORT WRITTEN 

4. The matter of the Renewal of various Insurance Policies, current Policies will expire 9/30/2017.

REFERRED BY: Safety Service Director Siwierka

Mrs. Siwierka had passed out a sheet that shows the current and renewal vendors for various insurance policies. The City’s broker did some price comparisons and what is listed are the best pricing. Travelers Insurance will have our property, liability, inland marine and crime package.

Boilers will stay with XL Insurance of America and the Cyber Security is still with BCS Insurance.

Travelers did a full audit of our facilities. We have a couple of pending things, we settled a few claims for termination and one is still pending. The inland marine insures all the equipment that does not go out on the roadway. The rest are self explanatory.

Baird moved, Lotko seconded to approve the matter of renewal of various policies.

MOTION CARRIED COMMITTEE REPORT WRITTEN 

5. The matter of approving an Ordinance authorizing the Mayor to apply and accept, if offered, Grant Funding, (TLCI Grant). w/Utilities REFERRED BY: Engineer Ujvari

Mr. Ujvari said that this referral is similar to one that was made a year ago. NOACA is providing the possibility of Grant money for the TLCI Implementation. The request is for $60,000 which is around a 20% match on a $350,000 Grant. The limits on the project would be the downtown area, 2nd Street; new crosswalks and new lighting. The City was successful in the last 2 applications and hoping to be successful in this one as well.

Mr. Baird asked if this project includes Lorain County bikeway and connectivity? Mr. Ujvari said that one of the criteria is to provide connectivity.

Madison moved, Baird seconded to recommend an Ordinance to allow the Mayor to apply for TLCI Grant Funding.

MOTION CARRIED COMMITTEE REPORT WRITTEN 

6. The matter of approving an Ordinance authorizing the Mayor to replace street light bulbs on State Route 57 to LED Bulbs. w/Utilities

REFERRED BY: Safety Service Director Siwierka

Mrs. Siwierka started by saying that Mr. Showalter, of the Communications Department had asked for a consideration to use Issue 6 money to change the type of light bulbs on Rt. 57 to LED Bulbs.

It’s very dangerous when crews have to change the bulbs. There will be a return on the money in about 5 years.

Mr. Stewart brought up the issue of light poles that are down, saying that every time a pole gets put back up another one gets knocked down. If we would consider Issue 6 Funds, Council would have to look at that as a whole.

Mr. Ujvari weighed in on the discussion saying that there are certain conditions on Rt. 57 that are targeted for consideration. One being, is to consider is the placement of light poles, especially ones that are in the median of Rt. 57. We should consider a possible alternative location for the poles. To possibly move to the outside of Rt. 57 and stay away from the clear zone. It’s something that should be considered before we move into the replacement of LED’s. In the event a pole is hit the luminar along with the bulb will be destroyed. That should be factored in.

Mr. Madison asked where the money comes from to replace the poles and bulbs? Mr. Showalter said it comes out of the Communications Repair & Maintenance Fund. Mr. Madison also asked if the City gets reimbursed for the cost of replacing the poles by the individuals who hit them? Mrs. Siwierka answered that about 30 percent, maybe 40 percent of damages get paid for by insurance, but many insurance carriers are requesting that we depreciate to value of the poles and so they don’t pay the full value of the poles.

Mr. Showalter said that the every bulb on the Rt 57 poles have to be replaced every 2 years. It’s a maintenance issue. Right now we are using around 90,000 watts of electricity per year and with LED bulbs we will only be using around 30,000 watts per year. And those bulbs will have a 60,000 hour life expectancy which would be almost 20 years before they would have to be replaced again. Mr. Tanner asked why those break away poles were placed so close to the road to begin with?

Mr. Showalter said that the breakaway base is for the safety of the motorists.

Mrs. Siwierka suggested that Council ponders both of these issues; the matter of replacing the bulbs to LED and the matter of moving the light poles and get some feedback from Mr. Ujvari and Mr. Showalter, because these are 2 different things. As stated, when the poles go down they need to be ordered from the company because they don’t keep them in stock, they are made as they are ordered, so that is why there is a 10-12 week delay for the replacement.

Mr. Lotko is in agreement with the director that Council needs to explore these issues and Council would have to be in agreement as to how the City would pay for the LED’s.

Mr. Stewart stated that this issue will go into pending items.

Matter has been tabled.

 

7. The matter of a review of several Supervisory Salary Ranges for Non-Bargaining Managers, Department Heads and Superintendents.

REFERRED BY: Mayor Brinda and Safety Director Siwierka

Matter has been tabled.

 

8. The matter of waiving Building Permit Fees for all City of Elyria Projects for 2017 and 2018.

REFERRED BY: Assistant Safety Service Director Brubaker

Mr. Brubaker said that Council passed an Ordinance to waive the Building Permit fees for the Splash Pad and other Parks & Rec projects. And since there are multiple other projects going on in the city, electrical and building projects, they are requesting for Council to Waive the permit fees. By having the City pay the permit fees, it is taking the money and paying it back to ourselves. To avoid conflicts with the state of Ohio, we are still required to pay the 3 percent fee to the state. The Building Official asked if we can have something on record that will waive us from having to pay the 3percent fee to the State when we in fact we haven’t collected anything. The Committee Report states we are asking for 2017 and 2018, but we would like to also include 2019 since there will be multiple projects going into 2019 as well. There is no loss of income to the City.

Moved by Lotko, seconded by Baird to recommend an Ordinance to Waive Building Permit Fees for City Projects for 2017, 2018 and 2019.

MOTION CARRIED COMMITTEE REPORT WRITTEN 

9. The matter of waiving Rezoning Fee for rezoning request of City owned property located at

202 Chestnut St.

REFERRED BY: Administrative Legal Counsel Smith

Mr. Brubaker said this goes along with Item Number 8. It is City owned property and Mr. Smith is asking to have the $500 rezoning fee be waived. The city is attempting to rezone the property in order to get the property ready to sell.

Mr. Baird asked the status of this property. Mayor Brinda said that this matter came to Council earlier in the year. Information about the fair market value of the property was discussed in Executive Session. Council gave permission to set a ceiling price for the property and negotiations have followed. The closing is pending shortly. The property needs to be rezoned for the purposes discussed and will go through the public processes, including Planning Commission, etc.

 

Moved by Lotko, seconded by Baird to recommend an Ordinance to Waive the rezoning fee for said property.

MOTION CARRIED COMMITTEE REPORT WRITTEN 

12. The matter of amending the 2017 Permanent Appropriations.

There are 3 appropriation changes. There is a full time employee from the Cemetery Dept. that will be retiring which will leave one full time employee in that department. The thought is to bring in a replacement for that person who is retiring and do some training so money needs to be moved to accommodate that. There are extra monies left in the swimming pool that went unused, so that will be a ‘wash’ in the General Fund. Block Grant Fund is moving $10,000 from one department to another to cover a shortage in the Block Grant Administration. In the 2016 half percent temporary income Tax Fund for the Parks and Rec Dept., $7,860,00 needs to be added to operating and maintenance for RITA fees. We already appropriated $30,000 and the fees that RITA charges to collect the tax is distributed between the different functions that the 2016 half percent income tax addresses. In the Capital Needs Department, there is money appropriated for the upgrade of the radio system in the Fire Department. A little has changed since the original amount was appropriated and we need to add $21,000 to that to get it completed. The total cost of that is $61,911.80

Madison moved, Baird seconded to amend the 2017 Permanent Appropriations per discussed.

MOTION CARRIED COMMITTEE REPORT WRITTENMr. Madison asked Committee Chair if he anticipated having the discussion of cost savings recommendations that were shared with Council on July 29th for ways of saving money in the General Fund? Mr. Stewart said that it would go to Strategic Planning, but a date hasn’t been set up yet.

Madison moved, Lotko seconded to adjourn the Committee Meeting at 6:40P.M.

MOTION CARRIED 

 

 

 

 

 

Submitted by,

 

Colleen Rosado, Secretary