City of Elyria > Category:Council Minutes

Council Minutes

EVENT: Tue. Oct. 17, 2017 - Tue. Oct. 17, 2017

Oct 2, 2017 Council Meeting Minutes

Posted on October 17, 2017 at 10:21 am

Minutes Approved As Printed October 2, 2017

Regular Council Meeting

10/16/17 Elyria City Council

  1. CALL TO ORDER

The regular meeting of Elyria City Council was called to order on October 2, 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, Davis

ABSENT: None

OTHERS PRESENT: Mayor Brinda, Safety Service Director Siwierka, Finance Director Pileski,

Asst. Law Director Deery, ASSD Brubaker, Engineer Ujvari, Fire Chief Benton, Police Chief Whitely, WWPC Superintendent Korzan, Sanitation Superintendent Eye, Parks Supervisor Bowman, Council Clerk Bullocks

OTHERS ABSENT: None

  1. PUBLIC HEARINGS:

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

You are hereby notified, that on Monday, October 2, 2017, Elyria City Council will consider and vote on the following:

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.

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

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

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

Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-142

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.

 

 

  1. PUBLIC HEARINGS: Continued

Stewart moved, Madison seconded to pass this ordinance on its first reading.

PASSAGE:

AYE: 11

NAY: 0

ABSENT: 0

MOTION CARRIED

President Lotko declared the Public Hearing had been held.

The regular Elyria Council meeting resumed at 7:15 P.M.

  1. APPROVAL OF MINUTES:

Tanner moved, Cerra seconded that the Regular Meeting Minutes of September 18, 2017 be approved as printed.

MOTION CARRIED

  1. REMARKS AND REPORTS OF CITY OFFICIALS:

Mayor Brinda: Reported that leaf pick up will begin on October 16th. Thanks to a suggestion of Keenan Williams of the Street Department the City will offer a program to have volunteers rake leaves in yards of residents who are unable to do so. They will need to call the Mayor’s office and leave there name and address on a list. The volunteers will be student groups throughout the city.

Safety Service Director Siwierka: No Report

Finance Director Pileski: No Report

Assistant Law Director Deery: No Report Will discuss the Judges Court Order in Strategic Planning

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

Assistant Safety Service Director Brubaker: No Report

Engineer Ujvari: Update on the ODOT I90 project, the Bridge Deck has been poured over West River Road North from Griswold to Route 254 has re-opened.

Mr. Stewart commented on the much needed improvements on Carol Lane have been completed and are very much appreciated. Mr. Jessie also commented that the finished project on Ashland is very nice as well. Mr. Ujvari appreciated the positive feedback and stated that it’s money well spent.

Police Chief Whitely: No Report

  1. REMARKS AND REPORTS OF CITY OFFICIALS: Continued

Parks & Recreation Director Bowman: Report is attached herewith, made a part thereof and designated as Exhibit “B”.

Mr. Madison asked if there is a plan to re-pave the entryway at South Park? Mrs. Bowman said that there are plans to re-pave at all the parks once the funding becomes available.

Mr. Tanner asked if our Street Department can do the paving. Mrs. Bowman said that the Street Department has patched as much as possible and really need to be re-paved. Mr. Tanner asked why our Street Department can’t replace blacktop on the entryway. Mrs. Siwierka said that the City does not have a ‘black-top machine’ it was gotten rid of many years ago.

Mr. Stewart asked for an update on the Cascade Park Project. Mrs. Bowman said she has been requesting information and she will be setting up a meeting with the director of the project within the next few weeks to get that update.

Mrs. Mitchell thanked Mrs. Bowman about the Splash Pad at West Park!

WWPC Superintendent Korzan: No Report

  1. PRESIDENT’S REFERRALS AND REMONSTRANCES:
  2. The matter of authorizing the Mayor to enter into a contract with Brian K. Balser Esq. to represent the City of Elyria regarding a lawsuit against pharmaceutical companies and suppliers of opioids on a contingent fee basis.

REFERRED BY: Law Director Serazin

REFERRED TO: Finance

  1. The matter of the donation of City funds for improvements to the building located at 106 Middle Ave. REFERRED BY: Finance Director Pileski

REFERRED TO: Finance

  1. The matter of a rezoning request for the shopping Center located at 500 N. Abbe Road from B-N to B-G District.

REFERRED BY: Attorney Molly Gwin

REFERRED TO: Planning Commission/Community Development

  1. The matter of a rezoning request for property located at 1251 East Avenue from a R-TH Residential-Two Household to a R–MHL Residential-Multi-Household.

REFERRED BY: Brian Bauer, AIA

REFERRED TO: Planning Commission/Community Development

 

 

  1. PRESIDENT’S REFERRALS AND REMONSTRANCES: Continued
  2. The matter of a request for a Conditional Use Permit to Elyria Home Realty, for construction and use of two (2) new Class I Type A Group Homes.

REFERRED BY: Brian Bauer, AIA

REFERRED TO: Planning Commission/Community Development

  1. The matter of the City of Elyria joining the Ohioans for Clean Energy.

REFERRED BY: Mark Craig, 4th Ward Council

REFERRED TO: Utilities, Safety and Environment

  1. The matter of an active marketing campaign for the City of Elyria.

REFERRED BY: Mark Craig, 4th Ward Council

REFERRED TO: Strategic Planning

ITEMS 8-9 RECEIVED AND PLACED ON FILE, COPY TO ALL COUNCIL–COMPLETED

  1. A copy of the August 10, 2017 Elyria Parks & Rec meeting minutes.
  2. Notice of the October 2, 2107 Civil Service Commission meeting.
  3. PETITIONS–COUNCIL MEMBERS: None
  4. PETITIONS–LOBBY: None
  5. REPORTS OF STANDING AND SPECIAL COMMITTEES:
Sponsored by:

Community Dev.

T. Callahan

D. Mitchell

J. Cerra

M. Madison

M. Jessie

COMMITTEE REPORT 2017 – 11

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.

Callahan moved, Mitchell seconded to accept this committee report as read.

PASSAGE:

AYE: 11

NAY: 0

ABSENT: 0

MOTION CARRIED

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

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-143

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.

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: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-144

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.

 

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: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0 ABSENT: 0

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. 2017-145

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

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

Mr. Craig asked Mr. Pileski where the additional two million dollars come for the Capital Outlay to go to WWPC? Mr. Pileski said this is the sewer portion of the East Ave. Project. It was originally appropriated in the Waste Water Capital Fund but have since used up all the money that was borrowed so they will appropriate this money in the WWPC Fund and then will revisit the borrowed amount next year. Mr. Ujvari had informed the Finance Director that his department received a low interest loan and Mr. Pileski said he will be able to bump up his estimate for the loan that was received. Mr. Craig asked if the additional two million dollars is borrowed money? Mr. Pileski said yes.

SUSPENSION: PASSAGE:

AYE: 11 AYE: 11

NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

Utilities:

D. Mitchell

B. Davis

L. Tanner

M. Craig

J. Cerra

ORDINANCE NO. 2017-146

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

 

 

 

 

 

 

  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: 11 AYE: 11

NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED

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

COMMUNITY DEVELOPMENT 10/10/17 6:00 P.M. (Joint with Finance) All Referred Council Chambers w/Law Director, SSD, Engineer, Bldg. Insp.

FINANCE 10/10/17 Following joint CD/Finance All Referred Items Council Chambers w/Mayor, Auditor, Law Director, SSD, Engineer

STRATEGIC PLANNING 10/16/17 Immediately following Council All Referred Items Council Chambers W/ Mayor, Safety Service Director, Auditor, Solicitor, Engineer

  1. MISCELLANEOUS AND UNFINISHED BUSINESS:

Mr. Madison wanted to extend an invite to everyone on Thursday, Oct. 5th at the Lorain County Boys & Girls Club for the launch of the South Side Neighborhood Network. The residents are spearheading this to get residents involved. On October 7th they will be having the South Side Neighborhood Block Party at the EHS parking lot on West Avenue. The time is noon to 4:00 P.M.

Mr. Craig announced that there will not be a Forth Ward Town Hall Meeting this fall because of the Community discussions with the Mayor’s Office and since we have the Town Hall Meeting being put on by City Council and he will encourage his residents to attend that meeting/

  1. ADJOURNMENT:

Stewart moved, Baird seconded to adjourn the Regular Council Meeting at 7:25 P.M.

MOTION CARRIED

Mr. Lotko called the Strategic Planning Meeting to order at 7:34 P.M.

 

 

STRATEGIC PLANNING MEETING:

Item #1, The matter of the Sanitation Rate Study

Report is attached herewith, made a part thereof and designated as Exhibit “C”.

Mrs. Siwierka started with a Power Point Presentation report. In August there was a referral to look at the sanitation rates. The last rate study was in 2013. Currently there are no rate increases in place for the year beginning 2018.

Everyone has already received a copy of the analysis study done by CPA Phil Brett that was completed earlier this year. That study showed that a three and one half percent increase will be necessary to keep the funds solvent for the next three years.

Mrs. Siwierka said things to consider as we are considering the sanitation increase rates. The current costs, personal and benefits, the services we deliver, the landfill costs, (we pay for every ton that’s dumped), the yard waste facility costs which Barns Nursery oversees, (there is a fee for that composting), tree service, (tree lawn tree service was moved over to the sanitation account a few years ago). Some of the costs outlined in the sanitation fund include $300,000 for various salaries, (safety service director, mayor, law director’s office, finance director’s office, mechanics and forestry department).

Those total salaries equal about 2.1 million. The forestry is about $300,000 which also includes tree removal that we cannot do. There is a new fee on the horizon for non-recycled goods, which will be around $100,000 per year. We are guessing that the cost for the replacement of the vehicles will increase because there are stronger emissions controls in place. The EPA has gone under a lot of changes. The current rate for regular residents is $25.60, the recommendation is to go to $26.50 starting in 2018, $27.42 in 2019 and $28.38 in 2020.

These rates were figured before we got the news before we have to pay for the recycling of the mixed glass. Though the $100,000 fee won’t effect these rates very much.

Things to consider will require reducing costs and or increasing the fees. Vehicles are 8 years old which is the useful life for them. The cost for disposal for glass and some paper is between $15-$50 a ton and it has to be hauled to Pittsburgh because there is no market for that here. We’re spending about $90,000 annually for Barne’s Nursery facility which is free to city residents.

Many residents take there aluminum cans to places like ‘Blue Star’ to receive money for recycling

What is mostly being recycled are plastic containers, (laundry containers), paper, cardboard boxes. Other items that are not able to be recycled are fiber newspaper, plastic, some metal, some aluminum and mixed glass because there is no market for those items which is 22 percent and the cost to haul away from the recyclable area is $24.75 a ton. That are items that we will need to pay Republic Services to have those items hauled away. If those items are just thrown in the trash, then the cost to haul away is $40 a ton, so it still makes sense for residents to recycle these items in the hopes there may be a market.

To clarify, 19.75 percent of items collected from the recycle cart are not able to be used and we pay $24.75 per ton to have Republic haul those recyclable items away, a large percent of that 19.75 percent is glass items. The city of Oberlin also pays Republic the same thing to have their non-recyclable glass and other items hauled away. Single stream mixed glass is not a desired commodity at this time.

STRATEGIC PLANNING MEETING: Continued

Our recycling efforts are close to the national average and we should continue to recycle. The cost to send out reminders, education information would be about $25,000 per year, to included within Public Utilities bills. Public Utility clerks do hand out brochures to new customers, information is on the city website, The Sanitation crews hand out the informational brochure all the time.

The forestry service is about $1.69 per home per month and homestead is $1.12. The compost facility disposal cost is about 56 cents and 37 cents for homestead, (leaf collection) is not included in that. The life cycle truck replacements are $1.97 per household and $1.30 for homestead. Brush service is $1.97, homestead is $1.30, Bulk items are $2.86 and $1.90 for homestead, glass disposal costs is 56 cents and 37 cents for homestead, Salaries splits is $1.69 and $1.12 for homestead. $15.00 to cover Sanitation Dept. Personnel costs. These costs do not include personnel costs for leaf collection which is approximately $6,000 per week in overtime for 6 weeks which equals $36,000 which comes out of the Street Dept. Expenditure Fund.

List of items that were purchased over the last 4 years is listed and is attached herewith, made a part thereof and designated as Exhibit “C”.

The statistics of the cost in the Forestry Department are listed and is attached herewith, made a part thereof and designated as Exhibit “C”.

Recycling tonnage from the last 4 years is attached herewith, made a part thereof and designated as Exhibit “C”.

Mrs. Siwierka reminded Council that if rates is going to be increased prior to the first of the year, the Public Utilities Department needs a good two weeks or more to get the new rate codes input into the system. A final decision on this issue will need to be made by the last week of November of beginning of December in order to get the information into the system. When the city got rid of the commercial accounts about 3 years ago, that helped to keep this account in the black because we were losing a lot of money on the commercial accounts.

Mr. Callahan asked approximately how many commercial accounts were eliminated 3 years ago? Mrs. Siwierka said a little less than 100 accounts. We had to have 2 men in each truck and the costs were around $70,000 and the city was not re-cooping that in fees.

Mr. Baird asked if those proposed increases will keep the city in the black. Mrs. Siwierka said that those proposed rate increases will keep everything the same as it is right now, including forestry work, bulk items with no limitations. Unless we change any of those services and decide to limit bulk or eliminate collecting leaves. There will be a time when the cash will go down a bit as Mr. Brett forecasted due to payments of the trucks, because we are still paying on the original trucks and will be paying on them as we buy them. It will put a dent in the cash of that department’s fund. Mr. Pileski said that at this time last year the sanitation fund had about $2.1 million dollars and as of now there is only $1.5 million. The difference is the2 side loading trucks that we purchased which totaled over $600,000. That is why the cash has dropped. We do pay cash for those trucks and he is paying on the initial investment of the single mechanical trucks. He has been paying down $300,000 per year on that debt. The amount is now at a million dollars. The original was around $5 million and we’re pecking away at that. This study will get us on a schedule where we’ll replace 2 trucks per year. The amount that is appropriated every year for waste removal is about $1.3 million total for the year.

 

STRATEGIC PLANNING MEETING: Continued

Sanitation Supervisor Rodney Eye spoke starting with the topic of the equipment. When the new sanitation program was started 8 years ago they took a really big hit, spent a lot of money to buy a lot of equipment to start with. We are getting toward the end of the life cycles of the equipment. The mechanics do a fantastic job maintaining them and keeping them out on the road. If we purchase another truck next year we will probably get rid of one.

Mrs. Mitchell asked clarification for the what trees the Forestry Dept. Maintains. That answer is only the curb lawn trees. And the trees that are serviced by the Forestry Dept. Are trees that have health or safety issues. Scott Payne of the Forestry Dept. will evaluate the tree and determine if it’s a safety issue, if it needs to be trimmed or removed. We take care of the tree according what the city ordinance says.

The definition of bulk items, they are anything that won’t fit in the trash cart; dressers, couches, chairs, tables. Tv’s. he asked what we would save if we stopped picking up bulk items. That is listed on the survey as $2.86 per household per month. If we eliminated bulk items we would save money. But what would residents do with their bulk items? There is a bulk truck every day of every week. Mr. Stewart asked what the breakdown of the equipment and routes in the sanitation dept. is right now. Mr. Eye said they currently run 4 garbage routes each day, 3 recycle routes, 2 bulk routes and depending on personnel, usually 1 brush truck a day, sometimes 2. The department has 11 side loading trucks, 4 rear loading

trucks, 3 chipper trucks; (box trucks that pull the chippers around), and 4 pick-up trucks and also a forestry truck.

The idea was brought about only having bulk items picked up once a month, but then items could remain on someone’s curb lawn for 2, 3 or even 4 weeks before being picked up. Mr. Eye brought up the illegal dumping issues. He gets calls about couches, tires, etc being dumped in different areas in the city and if we change the bulk pick-up we would see that even more throughout the city. Mr. Madison asked about what happens after 2020. Mrs. Siwierka said that the City does these rate studies for 3 years at a time. The national recycle percentage is at 21% and ours is at 19%, if we would be able to get our average closer to the 21%, what would that save? Mrs. Siwierka said for every ton that would be going to the landfill we would save $40. How do we track or measure the effectiveness of how we market the recycling program and informing residents? Do we keep track of what works and what doesn’t work and what is effective and what’s not effective? Mayor Brinda said the bar chart of the power point presentation shows the comparative of the efforts. In 2016 recycling efforts went up because of print materials that were included in utility bills, as well as commercials that were produced for cable channel 12 and we distributed lawn bags with stickers, so those 3 things together helped the recycling efforts.

Mr. Madison asked for a breakdown of what worked the best and if we can compare our efforts with other communities? Mrs. Siwierka said that Oberlin is the only other community that collects there trash and recycling with city services. Mayor Brinda answered that some things can’t be tracked, but they can say how many brown bags have been distributed, they can say how many inserts went in with bills, they cannot say how many people saw the ads on cable tv. The better reflection is the outcome as you can see the amount recycled in tonnage on the chart. Mrs. Siwierka added that Mr. Eye and his staff does lots of hands on education. Neighborhoods with constant owners know the recycling rules, but there are many rentals and each time new renters move in, it’s a reeducation process. Mr. Eye reminded everyone that when the program started the recycling was at 35%, but a lot of that wasn’t recyclable and now with education that number is down. We’re actually doing very well with recycling. A lot of residents may not understand and we’ve actually gone to there homes to give them information and explain.

STRATEGIC PLANNING MEETING: Continued

Mr. Madison asked if there are other cities that have recycling above that 21%? Mrs. Siwierka said they would have to ask that question to Republic Services. Mr. Madison asked about the recycling figures nationwide.

Mr. Craig asked if the issue of trading in trucks was taken into account with the analysis? That answer was yes. Mr. Craig noticed that there was a large jump in the hourly cost, 30% over last year for hourly and about 20% over last year in supervision, have we looked into reducing those costs and improve efficiency? Mr. Craig was referring to the methodology chart of costs that have changed over the years and he noticed the increases. Mrs. Siwierka said most of the reason for the increase in the cost is because they moved the Forestry Division to the Sanitation Account and the other portion of that is the health care benefits. Mr. Craig just wanted to know if the City has looked for way to keep those hourly and supervision costs down? Mrs. Siwierka answered that yes, the City has made changes to help keep costs down by making those changes to Chapter 165 that eliminated reduced minimums and changed overtime to only eligible after 40 hours in a week as opposed to after an 8 hour work day. That across the board has saved the city around $4,000 each pay. That wasn’t in place when these numbers and charts were put in place. The answer is yes, the City is looking at those efficiencies and Council just voted for the AFSCME agreement which includes a reduction in the minimum from 4 hours to 3 hours. Mr. Craig clarified that these efficiencies have been recent and aren’t part of the rate study. The recommended rate increases are to cover ‘the worst case scenario’. The 1st referral of the sanitation rate increases was done

in April. Mrs. Siwierka said that maybe Council could vote to do a rate increase only for 2018 at this time and then take a look at the efficiencies that have been put in place and move forward for the following years after that. She said that council could also look at the bulk rate again, she felt Council should have all the information before they make the decisions. The decision on trucks is at a critical point. Do we want to stay in the sanitation business, do we want to continue to replace the fleet, do we want to continue to do tree lawn service. That is why there was so much information to be looked at.

Bottom line is that some of those efficiencies are not reflected in this report. We also have to look at the Central Maintenance Garage. We have millions of dollars of equipment sitting out there. We currently are building a ‘carport’ for the sanitation trucks to be parked under and be plugged in so the engines stay warm in the winter. We will be needing a long term solution for that facility. EPA did an inspection and there will need to be a lot of things done and updated out there. None of the those costs were put into this study.

Ms. Deery spoke on the Court Order that was issued by the Elyria Municipal Court on September 27th. Every member of Council received a copy as well as the letter that was issued in response. Ms. Deery said that the Law Department is not exactly sure what the meaning of this order is other than the court wanted to make it clear that they are a separate branch of government. It seems that the court takes Issue with Chapter 165. There are consequences with employees not following under 165 that perhaps the court didn’t take into consideration. Some issues would be; where do the court employees fall as far as health care, life insurance coverage, longevity, etc. if we do not treat them as city employees then how do we treat them. We haven’t received any other court order with some sort of structure or more specific instructions. In discussion with Finance Director Pileski, the Administration and the Law Department it has been recommended to continue everything with the court employees as we have been. After looking at the Ohio Revised Code which states the Municipal Court is governed by the Ohio Revised Code and we believe we are following the law and that is what we will continue to do.

 

 

STRATEGIC PLANNING MEETING: Continued

Mr. Lotko stated that at this point council just waits and continues business as usual.

Mr. Craig suggested that Council invite the judges to meet with Council and explain what there concerns are. It seems that no one really knows what they want. If they came to a meeting and we established some kind of communication in a public forum and we can understand what they want.

Mayor Brinda said that she concurs that we continue to keep on course with how we’ve done things until it’s clarified. We certainly don’t want to hurt employees, any employees. It would be wise for the judges to come forward and clarify what their intent is.

Director Siwierka said to put this issue into perspective, if Chapter 165 wasn’t followed for the Health Department employees before they were unionized, they were employees that were under the jurisdiction of a different entity, yet they fell under the jurisdiction of Chapter 165 and their benefits were dictated by Chapter 165.

Mr. Lotko asked if we’ve communicated the findings of the Law Director to them? Ms. Deery answered that the Law Department has not submitted a memo to the judges. She understands that they have discussed this with their own legal counsel.

Mr. Lotko stated that there is no further business.

 

Stewart made a motion to adjourn, seconded by Baird.

MOTION CARRIED

 

 

 

Forrest L. Bullocks Michael J. Lotko, III

Clerk of Council President of Council

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

Sept 18, 2017 Council Meeting Minutes

Posted on October 3, 2017 at 9:03 am

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: Tue. Sep. 19, 2017 - Tue. Sep. 19, 2017

Sept 5, 2017 Council Meeting Minutes

Posted on September 19, 2017 at 11:15 am

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

Minutes Approved 9/18/17 September 5, 2017 Regular Council Meeting

Elyria City Council

1. CALL TO ORDER

The regular meeting of Elyria City Council was called to order at 7:00 P.M. on Tuesday, September 5, 2017 by President Lotko. President Lotko opened the meeting with a moment of reflection. It was followed by the Pledge of Allegiance to the Flag of the United States.

2. ROLL CALL: COUNCIL MEMBERS:

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

ABSENT: None

OTHERS

PRESENT: Mayor Brinda, Safety Service Director Siwierka, Finance Director Pileski,

Assistant Finance Director Farrell, Law Director Serazin, Police Chief Whitely,Fire Chief Benton, ASSD Brubaker, Engineer Ujvari, HR Director DillingerWWPC Superintendent Korzan, Utility Superintendent Conner, Clerk Bullocks

3. PUBLIC HEARINGS: None

4. APPROVAL OF MINUTES:

Tanner moved, Cerra seconded to approve the regular meeting minutes of August 7, 2017, as printed.

MOTION CARRIED

5. REMARKS AND REPORTS OF CITY OFFICIALS:

Mayor Brinda: Mayor Brinda thanked everyone who helped make possible and who attended the Bicentennial Cleveland Pop’s Concert. It was a nice turn out and a beautiful evening. The last Bicentennial event will be the ‘Time Capsule.” She asked for suggestions of what should be placed in the time capsule.

Safety Service Director Siwierka: Mrs. Siwierka introduced and recognized the new HR Director, Claudia Dillinger. Mrs. Siwierka had a referral that she wanted to refer from the floor. It’s the matter of replacing the light bulbs on Route 57 to LED bulbs.

Mrs. Siwierka recognized 3 City Employees who worked with the FBI to help find a deceased body that was buried near the quarry and Mussey Ave. Mrs. Siwierka received a letter from Stephen Anthony who is the Special Agent in charges of the FBI’s Cleveland Office. Mrs. Siwierka called those employees to the front of Council Chambers to be recognized. Those employees were; Eric Wagner, John Kelling, Kevin Brubaker. Mrs. Siwierka read the letter from Agent Anthony, which is attached herewith, made a part thereof and designated as Exhibit “A”.

Finance Director Pileski: No report.

5. REMARKS AND REPORTS OF CITY OFFICIALS: Continued

Law Director Serazin: No report.

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

Mr. Craig asked Chief Whitely what he thinks attributes to the inability to fill these 35 positions in the Department. Chief Whitely stated that the Department is only budgeted to 90 positions. The last group that was hired brought the Department up to 84. And only five can be trained at one time. It’s a strain on the FTO Program. The current group in training started in July and won’t be finished until November. It’s hard to get police candidates anymore. They do background checks but end up losing candidates during that process. And they go to other agencies that pay more. So that leaves few qualified candidates. When other agencies see an Elyria Police Officer on their list, they love that, they know that our training programs are difficult to get through and there is another training program after the officers are out on their own.

Mr. Craig also asked about the enforceable vs. recommended (precautionary) speed limits. Mr. Craig has had complaints from residents who have been ticketed for going 30 in a 10mph zone. Chief Whitely said that those tickets should be dismissed when they go to court because the ‘orange’ signs are recommendations and cannot be used as an enforcement for speed. It has to be the standard speed limit sign in order for the ticket to be enforced.

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

Mr. Tanner commented that the side street resurfacing has started and he asked how far along they are. Mr. Ujvari said the 1st round will be completed in next few weeks.

Mrs. Mitchell made a suggestion to council members to ride around their wards and start making a street list for next year’s street resurfacing.

Assistant Safety Service Director Brubaker: No report.

WWPC Director Korzan: Mr. Korzan passed out a copy of a Certificate of Recognition that was presented to the Lab Department at the Waste Water Plant earned the certificate for their accuracy and analyzing and reporting on unknown samples that were sent by environmental resources associates. The lab techs accurately hit the target values on 19 out of 19 parameters. Mr. Korzan wanted to extend his sincere gratitude and congratulate Richard Goldsworth, Vicky Tanner and Jesse Meier.

A copy of the certificate is attached herewith, made a part thereof and designated as Exhibit “D”.

HR Director Dillinger: No report.

6. PRESIDENT’S REFERRALS AND REMONSTRANCES:

1. The matter of a Petition to annex approximately 36.15 acres on Chestnut Ridge Road from Eaton Township to the City of Elyria – City Services and Road Maintenance.

REFERRED BY: Assistant Law Director Breunig REFERRED TO: Community Development

6. PRESIDENT’S REFERRALS AND REMONSTRANCES: Continued

2. The matter of a request for a Transfer of a Liquor License from Town & Country Co-Op, Inc. To Centerra Co-Op, 210 Huron Street, (Permit Class C1).

REFERRED BY: Ohio Division of Liquor Control REFERRED TO: Community Development

3. 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 REFERRED TO: Finance

4. 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 REFERRED TO: Finance

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

REFERRED BY: Safety Service Director Siwierka REFERRED TO: Finance

6. The matter of Approving the IAFF Contract Bargaining Agreement (CBA).

REFERRED BY: Finance Director Pileski REFERRED TO: Finance

7. The matter of a request for a Change Order for Phase 1 of 2017 Concrete Street Improvement.

REFERRED BY: Engineer Ujvari REFERRED TO: Finance

8. The matter of a request to Certify Lot Mowing Charges to the Lorain County Auditor’s Office.

REFERRED BY: Safety Service Secretary Ginny Hawes REFERRED TO: Finance

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

10. The matter of a request for Change Order number 2 and final for Reconstruction of Hampton Drive.

REFERRED BY: Engineer Ujvari REFERRED TO: Utilities

11. The matter of a 5 Year Lease of two (2) new Vactors, model 2115.

REFERRED BY: Safety Service Director Siwierka REFERRED TO: Utilities

ITEMS 12 -17 RECEIVED AND PLACED ON FILE, COPY TO ALL COUNCIL–COMPLETED

12. A copy of Meeting Minutes from the June 8th Elyria Parks & Recreation Board Meeting.

13. The 2017 Revised Water Supply Contingency Plan for The City of Elyria. (On File in Council Clerk’s Office).

14. A copy of the Notice of Meeting for the August 14, 2017 Civil Service Commission meeting.

15. A copy of the Revenue Budget Performance Report through 7/31/2017.

16. A copy of 2017 Month End Cash and Investment Balances for all Funds through 7/31/2017.

17. A ‘Thank You’ to Elyria City Council for participating in the 2017 Grand Bicentennial Parade on August 5th.

7. PETITIONS–COUNCIL MEMBERS: None

8. PETITIONS–LOBBY:

Carol Hobert, 440 Olivet Dr., Elyria. Mrs. Hobert spoke on behalf of the Spring Valley Neighborhood where there have been issues with rental properties and Section 8 Housing. A copy of

Mrs. Hobert’s statement is attached herewith, made a part thereof and designated as Exhibit “E”.

Theresa Shea, 519 East Ave., Elyria. Mrs. Shea spoke on issues in the neighborhood where she lives. A copy of Mrs. Shea’s statement is attached herewith, made a part thereof and designated as Exhibit “F

#3. Jeff Baxter, 160 Burns Rd., Elyria. Mr. Baxter wanted to speak on Issue 6 money. He feels that Issue 6 was a covenant between the voters and the Administration. There were specific things that the Issue 6 money was to be used for. And there were things that were not so specific, a bit vague. There

8. PETITIONS–LOBBY: Continued

has been talk of rearranging where some of that money goes. Mr. Baxter’s recommendation would be to come up with a Citizen’s Advisory Panel. With about half dozen citizens that would be willing to invest time and discuss and help figure where that money should be spent if it can’t be spent where it was supposed to be.

Mrs. Mitchell stated that Issue 6 Ballot Language was very specific on what the City could spend that money for.

Mr. Serazin answered and stated that he and the Finance Director have been watching over the expenditures. The City has made a commitment to keep the Issue 6 criteria with expenditures. There is a specific account for Issue 6.

9. REPORTS OF STANDING AND SPECIAL COMMITTEES:

Sponsored by:

Community Development:

T. Callahan

D. Mitchell

J. Cerra

M. Jessie

M. Madison

COMMITTEE REPORT NO. CR2017-10

WE HAVE CONSIDERED THE MATTER OF A REQUEST FOR A LIQUOR LICENSE TRANSFER FROM TOWN & COUNTRY CO OP., INC. TO CENTERRA CO OP, 210 HURON ST., (PERMIT CLASS C1), AND, RECOMMEND: THAT THE CITY OF ELYRIA DOES NOT REQUEST A HEARING.

 

Callahan moved, Mitchell seconded to accept this report as read.

PASSAGE:

AYE: 11

NAY: 0

ABSENT: 0

MOTION CARRIED

10. RESOLUTIONS–FIRST READING:

Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

RESOLUTION NO. R2017-14

A RESOLUTION APPROVING A LIST SUBMITTED BY THE SAFETY SERVICE DIRECTOR FOR THE COLLECTION OF LOT MOWING CHARGES, DIRECTING THE CLERK OF COUNCIL TO CERTIFY SAID LIST TO THE LORAIN COUNTY AUDITOR, AND DECLARING AN EMERGENCY.

 

 

 

10. RESOLUTIONS–FIRST READING: Continued

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: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

 

Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

RESOLUTION NO. R2017-15

A RESOLUTION APPROVING A LIST SUBMITTED BY THE SAFETY SERVICE DIRECTOR FOR THE COLLECTION OF 2016 DELINQUENT STORM WATER FEES, DIRECTING THE CLERK OF COUNCIL TO CERTIFY SAID LIST TO THE LORAIN COUNTY AUDITOR, 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: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

11. RESOLUTIONS–SECOND READING: None

12. RESOLUTIONS–THIRD READING:   None

13. ORDINANCES–FIRST READING:

Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2017-118

AN ORDINANCE PURSUANT TO OHIO REVISED CODE SECTION 709.023 (E) PROVIDING THAT ELYRIA WILL MAINTAIN ANY SEGMENTED ROAD CAUSED BY THE ANNEXATION TO THE CITY OF ELYRIA TERRITORY OWNED BY RT. 57 CHESTNUT RIDGE, LLC, AND DECLARING AN EMERGENCY.

 

 

 

13. ORDINANCES–FIRST READING: Continued

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

SUSPENSION: EMERGENCY PASSAGE: AYE: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

 

Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2017-119

AN ORDINANCE PURSUANT TO OHIO REVISED CODE SECTION 709.023 (C) INDICATING WHAT SERVICES THE CITY OF ELYRIA WILL PROVIDE UPON ANNEXATION TO TERRITORY OWNED BY RT. 57 CHESTNUT RIDGE, LLC, AND DECLARING AN EMERGENCY.

 

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

SUSPENSION: EMERGENCY PASSAGE:AYE: 11 AYE: 11 AYE: 11NAY: 0 NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

 

Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2017-120

AN ORDINANCE PURSUANT TO OHIO REVISED CODE SECTION 709.023 REQUIRING A BUFFER BETWEEN THE TERRITORY PROPOSED FOR ANNEXATION AND SURROUNDING TOWNSHIP LAND IF ELYRIA DETERMINES THAT THE USE DISTRICTS IN THE TOWNSHIP ARE INCOMPATIBLE WITH THOSE IN THE CITY OF ELYRIA, AND DECLARING AN EMERGENCY. OWNERSHIP ARE INCOMPATIBLE WITH THOSE IN THE CITY OF ELYRIA, AND DECLARING AN EMERGENCY

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

SUSPENSION: EMERGENCY PASSAGE:AYE: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

13. ORDINANCES–FIRST READING:

Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2017-121

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A LEASE TERMINATION AGREEMENT WITH BURRER FARMS, AN OHIO GENERAL PARTNERSHIP, AND DECLARING AN EMERGENCY.

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

SUSPENSION: EMERGENCY PASSAGE:AYE: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

 

Sponsored by:

Finance:

V. Stewart III

M. Lotko III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-122

AN ORDINANCE ALLOWING CERTAIN CITY EMPLOYEES WHOSE POSITIONS HAVE BEEN RECLASSIFIED FROM “NON-EXEMPT” TO “EXEMPT” UNDER THE FAIR LABOR STANDARDS ACT TO CASH OUT THEIR ACCRUED BALANCES PRIOR TO OCTOBER 1, 2017.

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

SUSPENSION: PASSAGE:AYE: 11 AYE: 11NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED

 

 

 

 

 

 

13. ORDINANCES–FIRST READING: Continued

Sponsored by:

Finance:

V. Stewart III

M. Lotko III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-123

AN ORDINANCE AMENDING SECTIONS 165.14 (a) (4), REIMBURSEMENT FOR CONVENTIONS, CONFERENCES, AND EXPENSES INCURRED FOR PUBLIC AND URBAN RENEWAL DUTIES, CODIFIED ORDINANCES OF THE CITY OF ELYRIA, AND REPEALING EXISTING SECTION 165.14 (a) (4).

 

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

SUSPENSION: PASSAGE:AYE: 11 AYE: 11NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED

 

Sponsored by:

Finance:

V. Stewart III

M. Lotko III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-124

AN ORDINANCE AMENDING SECTION 165.10, HOURS OF WORK, SECTION 165.12, OVERTIME COMPENSATION AND SECTION 165.25, COMPENSATORY TIME, CODIFIED ORDINANCES OF THE CITY OF ELYRIA, REPEALING EXISTING SECTIONS 165.04 (b)(5), 165.10, 165.12, AND 165.25.

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

SUSPENSION: PASSAGE:AYE: 11 AYE: 11NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED

 

Sponsored by:

Finance:

V. Stewart III

M. Lotko III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-125

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CHANGE ORDER WITH D.L. SMITH CONCRETE FOR THE PHASE 1 2017 CONCRETE STREET IMPROVEMENTS. AND DECLARING AN EMERGENCY.

13. ORDINANCES–FIRST READING: Continued

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: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

 

Sponsored by:

Utilities:

D. Mitchell

B. Davis

J. Cerra

L. Tanner

M. Craig

ORDINANCE NO. 2017-126

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH NORTHERN OHIO RURAL WATER, AND REPEALING EXISTING ORDINANCE NO. 2017-111, AND DECLARING AN EMERGENCY.

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

SUSPENSION: EMERGENCY PASSAGE:AYE: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

 

Sponsored by:

Utilities:

D. Mitchell

B. Davis

J. Cerra

L. Tanner

M. Craig

Finance:

V. Stewart III

M. Lotko III

M. Madison

L. Tanner

J. Baird

ORDINANCE NO. 2017-127

AN ORDINANCE AUTHORIZING THE MAYOR TO ADVERTISE FOR BIDS AND AWARD CONTRACTS FOR THE REHABILITATION AND CAPACITY EXPANSION OF THREE (3) FINAL SETTLING TANKS AT THE WWPC PLANT, AND DECLARING AN EMERGENCY.

 

13. ORDINANCES–FIRST READING: Continued

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

SUSPENSION: EMERGENCY PASSAGE:AYE: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

 

Sponsored by:

Finance:

V. Stewart III

M. Lotko III

M. Madison

L. Tanner

J. Baird

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2017-128

AN ORDINANCE AUTHORIZING THE CITY OF ELYRIA TO ESTABLISH A POLICY THAT PROHIBITS WATER SERVICES TO ANY REAL PROPERTY LOCATED OUTSIDE THE CORPORATE LIMITS OF ELYRIA, OHIO.

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

SUSPENSION: PASSAGE:AYE: 11 AYE: 11

NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED

Mr. Craig asked how this is ordinance is worded, how does it affect Elyria to selling to other cities/entities? Mrs. Siwierka answered by saying that those other entities are under a separate contract; Amherst, North Ridgeville, Rural Water, Lorain County Water. Mr. Craig asked if the ordinance should be more precise, because it sounds like we’re providing water to owners of real property. Even though it’s just a policy, but feels we should be more precise.

Mr. Serazin said that this policy was discussed in conjunction that if people want to extend water service from the City of Elyria, the proper course would be for them to require annexation. It doesn’t affect any existing contracts. This only affects future requests for water service.

13. ORDINANCES–FIRST READING: Continued

Sponsored by:

Finance:

V. Stewart III

M. Lotko III

M. Madison

L. Tanner

J. Baird

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2017-129

AN ORDINANCE AUTHORIZING THE CITY OF ELYRIA TO ESTABLISH A POLICY THAT PROHIBITS SANITARY SEWER SERVICES TO ANY REAL PROPERTY LOCATED OUTSIDE THE CORPORATE LIMITS OF ELYRIA, OHIO AND REPEALING ORDINANCE 93-45.

 

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

SUSPENSION: PASSAGEAYE: 11 AYE: 11

NAY: 0 NAY: 0ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED

15. ORDINANCES-SECOND READING:

Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2017-

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 declared this ordinance to have had its second reading and scheduled a Public Hearing for Monday, September 18, 2017 at 7:00 P.M. in Council Chambers.

 

 

 

 

15. ORDINANCES-SECOND READING: Continued

Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2017-

AN ORDINANCE AMENDING SECTION 1131.02 CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO, 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).

President Lotko declared this ordinance to have had its second reading and scheduled a Public Hearing for Monday, September 18, 2017 at 7:00 P.M. in Council Chambers.

15. ORDINANCES-THIRD READING: None

16. COMMITTEE CALLS:

COMMUNITY DEVELOPMENT 9/25/17 6:00 P.M. All referred Items Council Chambers w/Law Dir. SSD, Eng. Bldg. Insp.

FINANCE 9/11/17 6:00 P.M. All Referred Items Council Chambers w/Mayor, Finance Director, Law Director, SSD, Engineer

UTILITIES, SAFETY, & ENVIRONMENT 9/13/17 6:00 P.M. All Referred Items Council Chambers w/SSD, Law Director, Engineer

STRATEGIC PLANNING 9/18/17 Immediately Following Council

Council Chambers w/Mayor, Safety Service Director, Finance Director, Law Director, Engineer

 

 

 

 

17. MISCELLANEOUS AND UNFINISHED BUSINESS:

Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-130

AN ORDINANCE AMENDING ORDINANCE NO. 2016-6, KNOWN AS THE SALARY ORDINANCE, TO REFLECT THE CORRECT SALARIES OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, NON-BARGAINING – CLASSIFIED, AND DECLARING AN EMERGENCY.

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

There was discussion on this matter:

Mrs. Mitchell stated that she has struggled with this issue and her 1st inclination is to vote against this because minimum staffing is going to hurt the city, it will cause overtime pay and we just don’t have the money for it. But she stated she will vote for this because a vote otherwise will be detrimental to the City. We simply can’t afford to fight this, though she feels we should. That is the only reason why she will vote for it.

Mr. Jessie stated that he agrees with Mrs. Mitchell and is inclined to vote no. His opinion is that the minimum staffing is not a safety issue and the minimum staffing requirements will have an adverse effect on other employees and may have a trickle down effect for extra costs for residents. He is unhappy that Issue 6 was brought into the conversation. Mr. Jessie would like to see the City pursue a motion to vacate even though it would be a lengthy and costly process and probably not successful.

Mrs. Davis is inclined to vote for this but she feels that the effect that this will cause the City for some employees in other departments to lose their jobs because we have to favor them [firefighters].

Mr. Callahan has struggled with this issue since it’s been brought up. He would like to thank the administration for answering some questions that he had asked of them. However, he has further questions. He asked if minimum manning in other communities was looked at during negotiations? Mayor Brinda said that topic was discussed, but not in the way the question was asked. Comparables were discussed. They made documents available that were used to substantiate the case. They made a full notebook of information available. They can’t disclose everything that was part of the negotiation process. Some things are privileged confidential information. They had been transparent about the process. In the context of minimum manning in other departments was discussed. There was a focus on other surrounding communities.

Mr. Callahan said that the way he understood it, the tool of comparables of other communities that have minimum manning wasn’t used during the negotiations? Mrs. Siwierka said that when contracts are negotiated we take applicable information and that was not applicable until the fact-

17. MISCELLANEOUS AND UNFINISHED BUSINESS: Continued

finder ruled. It wasn’t discussed. For example, we would never bring in comparables for Cleveland or Akron, because they’re not applicable to Elyria. So instead they compared other things, such as wages, in like communities. The issue of minimum manning was being fought on a different font. That is not something that can be dictated, it’s a management right, so we weren’t negotiating that. It was only after the ruling that we were surprised and we said, okay, the fact-finder said this so we’re going to challenge it and take it up with the conciliator which we lost. The minimum apparatus staffing was lost in 2011 was the 1st time that it was ruled to say [paraphrasing] ‘management right will be dictated by what I’m ruling’ so the City wasn’t negotiating the minimum staffing so therefore they wouldn’t be bringing detail of whom else has 14 because it wasn’t applicable. So, we don’t have a list to compare because that wasn’t what we were negotiating.

Mr. Callahan asked if anyone knows how many cities in the State of Ohio have lost the same battle that we’ve lost. Mrs. Siwierka said no.

Mayor Brinda said that one of the arguments that hurt us was that the conciliator kept going back to making the case a safety issue. We kept saying that we have an agreement to maintain first line firefighters at 60 and we’ve maintained that and the response was that there was no guarantee that we’ll keep that, look at the City’s history and they went back to 2011 when the department was at 52. What damaged us was the argument that we were going to maintain 60 when the city doesn’t have a history of maintaining at least 60. We have a history of going back to 52 and at one point, slightly less than that which caused station closing. Based on a vigorous case being made by the Mayor, Finance Director, Law Director, Director Siwierka and expert testimony that we provide the best possible case we could, given the evidence we had. It is the recommendation of Council as well as the Law Director that we need to move on and there will be an opportunity to readdress these issues when the collective bargaining process begins next year.

Mr. Callahan stated that he wants to be clear, does it state that if we go into fiscal watch that minimum manning will be dropped? Mrs. Siwierka answered that yes that is a condition of the contract.

Mrs. Mitchell added that she wants to be assured that Issue 6 money will not be used for this. Council will stand by to make sure that Issue 6 funds are used for what they are to be used for. It will not go to pay salaries or overtime. It is to be used for roads and specifically what the ballot language said. Mayor Brinda added that Issue 6 money will never be used for this. It was actually the conciliator’s argument. The conciliator was responding to the finances that were presented. It was the conciliator’s suggestion that Issue 6 monies be used. The City argued absolutely against that.

Mr. Cerra said this was a tuft issue and he wanted to remind everyone that the source of funding for these raises and minimums are paid by the taxpayers. And many taxpayers have taken pay-cuts or lost hours or lost jobs altogether and we need to keep that in mind moving forward.

Mr. Craig stated that the increase in the salaries was reached between the administration and IAFF 474 which is part of the agreement before they reached these other issues that have everyone worked up. There still is work to be done between the administration and IAFF for the

17. MISCELLANEOUS AND UNFINISHED BUSINESS:

long term effect that this will have on the City.

Mr. Serazin wanted to clarify that the raises were the same raises that the other unions got. There was a suggestion from some of the Council people when the conciliator’s decision was given to us that there might be some examination of further process to take, which would’ve been a motion to vacate in the Common Pleas Court and it was advised to Council to not pass the 2% raise until sure you’re not going to file the motion to vacate. So the 2% raise is amending the salary ordinance and then the next item on the agenda is the contract, itself. The way this happened was a ‘perfect storm’. 2011 was a bad conciliator’s report, no appealing or trying to vacate it and that opened the door for the argument. State law requires that you present comparables, it doesn’t require a survey of the state and most conciliators and fact-finders don’t even care what departments have different things or don’t. In every competently represented city in Ohio, minimum manning are only brought in through some kind of agreement. We had it in the contract, then it went out then it went back in. In 2011 the minimum staffing for equipment came in and whether that’s minimum manning or not, it probably violates our management rights and probably should’ve been appealed at that time. So that’s how it worked out and we’ll see how it works out in terms of numbers by next year. Council does have a tuft decision. If somehow the conciliator’s mistaken notion that Issue 6 Funds could be used for this, the City will not let that happen.

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

SUSPENSION: EMERGENCY PASSAGE:AYE: 11 AYE: 11 AYE: 10

NAY: 0 NAY: 0 NAY: 1 (Craig)

ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

 

Sponsored by:

Strategic Planning

J. Baird

J. Cerra

B. Davis

M. Lotko III

M. Madison

D. Mitchell

V. Stewart III

L. Tanner

ORDINANCE NO. 2017-131

AN ORDINANCE APPROVING THE IAFF CONTRACT BARGAINING AGREEMENT AND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT BY AND BETWEEN THE CITY OF ELYRIA AND ELYRIA FIREFIGHTERS IAFF LOCAL 474.

 

*Note: there is no committee report for this ordinance.

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

Mr. Stewart made a comment stating that this has been going on since December of 2016, going back and forth with the unions, which is disturbing. Mr. Pileski said that the retroactive pay will be around $285,000 (including benefits). He stated that the retro pay goes back to the beginning of 2016 all the way through today, September 5th, 2017. Mr. Stewart reiterated that the City will be paying $285,000 of

17. MISCELLANEOUS AND UNFINISHED BUSINESS:

tax payers money because the two sides couldn’t come to an agreement. He feels that is very disturbing and should be resolved at a future date, he will make a referral in regards to the process for all the unions as far as how do we reduce our time lines in regards into all the union contracts. It’s a lot of money where two sides can’t come to some agreement and a waste of taxpayers dollars.

Mr. Jessie followed up on what Mr. Stewart said. He had a conversation with the Finance Director today and after speaking with someone who is well versed in negotiating strategies, he urges that when the contract comes up next year that we refuse to extend the negotiations and we follow the states time line, starting November 1st and concluding in December. If we don’t extend the negotiations then we’re not caught in having to pay retroactive pay.

Mr. Serazin added that under collective bargaining, we cannot impact a fiscal year, you can’t go into the next fiscal year in negotiations which means these things have to be done before the end of each year. If you have them out of sequence, but they come up all the time because they either settle or go to arbitration. Then an extension is granted by both sides to allow that to go on. The way the fact finders and conciliators are appointed, the good ones are busy and that can delay the process. The retroactive pay is money that would have been paid had it been done in the timely fashion. Of course we want to try to avoid letting it go into the next fiscal year. He is glad that council is looking at this because it’s a strategic strength they have.

Mrs. Siwierka added that many of the dates in the negotiations are not under their control. No one wishes more that Mr. Pileski, Mr. Farrell, the Mayor and Mrs. Siwierka that they had to have four fact finder meetings after all day hearings. And then the fact finder or the conciliator would say, “okay, that’s it we’re done for today and we’ll meet again in another month or two. The city would rather get these wrapped up more quickly. Also, a number of unions have put things on hold as various levies that were being considered, which through those off as well.

Mr. Craig stated that this contract will have a devastating impact on our management rights and abilities and setting a precedent. Maybe we should have appealed back in 2011 contract when it came to the apparatus. Now we have an opportunity to appeal it when it comes to the minimum manning because that’s going to have a potential impact on our overtime costs and those could be crippling and everything that we’re facing right now, this would’ve been the time to look at that issue. I would have thought that we wouldn’t have entered into this agreement and that we would pursue action to try to vacate this award.

Mrs. Siwierka reminded Council that the matter before them is not whether the minimum manning or the fact finders report, keep in mind, the conciliator’s report. There is a small window that we would have to prove that there was an error in the ruling, not the minimum manning issue. It would be that the fact-finder and conciliator made legal errors in what they did.

Mrs. Siwierka asked the Law Director what the legal standard would be to vacate an arbitration award.

Mr. Craig said once the agreement is approved, those issues are off the table and no more opportunity until they go into negotiations again.

Mr. Lotko said the contract comes up in a year and Council will keep track of costs and hopefully we’ll get a better conciliator.

17. MISCELLANEOUS AND UNFINISHED BUSINESS:

ROLL CALL VOTE

SUSPENSION:AYE: Cerra, Mitchell, Baird, Stewart, Davis, Madison, Tanner, Lotko (8)NAY: Callahan, Jessie, Craig (3)ABSENT: 0

MOTION CARRIED

PASSAGE:AYE: Cerra, Mitchell, Baird, Stewart, Davis, Madison, Tanner, Lotko (8)NAY: Callahan, Jessie, Craig (3)ABSENT: 0

MOTION CARRIED

Mr. Madison thanked all the residents that were in attendance and he encouraged to continue to attend and be a part of what’s going on in your city.

18. ADJOURNMENT:

Baird moved, Stewart seconded to adjourn the regular meeting at 8:28 P.M.

MOTION CARRIED

 

 

________________________ _______________________________Forrest L. Bullocks Michael J. Lotko, III

Clerk of Council President of Council