City of Elyria > Category:City Council

City Council

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

Sept 13, 2017 Utilities, Safety & Environment Committee Agenda

Posted on September 12, 2017 at 5:09 pm

9/13/17

UTILITIES, SAFETY & ENVIRONMENT COMMITTEE

MEETING AGENDA

Wednesday, September 13, 2017

6:00 P.M.

Committee Chair: Donna Mitchell

 

  1. Approval of the 8/23/2017 Utility Meeting Minutes.

 

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

REFERRED BY: Engineer Ujvari

 

  1. The matter of approving a 5-Year Lease of two (2) New Vactor Model 2115 Combination Sewer Cleaning Trucks.

REFERRED BY: WWPC Superintendent Korzan

 

 

 

________________________________________________________________________________________

Other Pending Items

  1. The matter of authorizing a comprehensive review of overweight vehicles coming into the City.

REFERRED BY: Law Director Serazin (tabled 7/22/15 to the August meeting–tabled)

  1. The matter of amending 932.16 to include modification of membership and meeting date/time.

REFERRED BY: SSD Siwierka

  1. The matter of Phase 2 of the 2017 Street Resurfacing Program. Tabled 3/15/17
  2. The matter of authorizing the Mayor to advertise for bids and enter in a contract for the purchase of tree lawn tree services.

w/ Finance (tabled, awaiting rate study to be completed) REFERRED BY: SSD Siwierka

  1. The matter of a policy change for water services to mobile home parks. (Tabled 5/31/17)

REFERRED BY: SSD Siwierka

  1. The matter of approving an Ordinance authorizing the Mayor to approve replacing Light Bulbs on State Route 57 to LED Bulbs. (Tabled by Utilities Chair 9/12/17) (Utilities and Finance) REFERRED BY: Safety Service Director Siwierka

 

z:Utilities Agenda Sept. 13, 2017

 

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

Sept 13, 2017 Utility Meeting Minutes

Posted on September 28, 2017 at 9:47 am

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

TO THE HONORABLE COUNCIL

CITY OF ELYRIA, OHIO

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

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

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

BUSINESS OF THE UTILITY, SAFETY & ENVIRONMENT COMMITTEE MEETING

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

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

MOTION CARRIED

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

Referred by: Engineer Tim Ujvari

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

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

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

Referred by WWPC Superintendent Terry Korzan

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

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

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

Submitted by,

 

Colleen Rosado, Secretary

 

EVENT: Mon. Sep. 18, 2017 - Mon. Sep. 18, 2017

Sept 18, 2017 Council Agenda

Posted on September 18, 2017 at 8:47 am

YOU ARE HEREBY NOTIFIED THAT THE FOLLOWING LEGISLATION

WILL BE CONSIDERED AT THE REGULAR COUNCIL MEETING

MONDAY, SEPTEMBER 18, 2017

PUBLIC HEARING

  1. 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

  1. 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).

RESOLUTIONS–FIRST READING

  1. RESOLUTION NO. R2017-

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.

ORDINANCES–FIRST READING

  1. ORDINANCE NO. 2017-

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

  1. ORDINANCE NO. 2017-

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.

  1. ORDINANCE NO. 2017-

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.

  1. ORDINANCE NO. 2017-

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.

  1. ORDINANCE NO. 2017-

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

  1. ORDINANCE NO. 2017-

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

  1. ORDINANCE NO. 2017-

AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO 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. OVER

ORDINANCES–FIRST READING Continued SEPTEMBER 18, 2017

  1. ORDINANCE NO. 2017-

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.

MISC & UNFINISHED BUSINESS:

  1. THE MATTER OF AMENDING ORDINANCE NO. 2017-22.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Council Agenda September 18, 2017b.wpd

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: Mon. Sep. 18, 2017 - Mon. Sep. 18, 2017

Sept 18, 2017 Strategic Planning Agenda

Posted on September 18, 2017 at 8:51 am

STRATEGIC PLANNING

Monday, September 18, 2017 Immediately following Council

Michael J. Lotko III, Chair

1. The matter of the Sanitation Rate Study.

2. The matter of an agreement with Republic Services for the removal (at cost) of mixed recycled glass from Elyria households via Elyria Sanitation Collection.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Z:\STRATEGIC PLANNING AGENDA Sept 18, 2017

 

EVENT: Wed. Nov. 1, 2017 - Wed. Nov. 1, 2017

Sept 18, 2017 Strategic Planning Meeting Minutes

Posted on November 1, 2017 at 12:12 pm

Mr. Lotko called the Strategic Planning Meeting to order at 8:13 P.M. on September 18, 2017

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

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

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

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

  1. MISCELLANEOUS AND UNFINISHED BUSINESS: Continued

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

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

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

.

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

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

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

President Lotko thanked Mr. Balser.

Mr. Lotko stated that there is no further business.

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

MOTION CARRIED

 

Forrest L. Bullocks Michael J. Lotko, III

Clerk of Council President of Council

 

 

 

 

 

 

 

 

 

 

 

EVENT: Mon. Sep. 25, 2017 - Mon. Sep. 25, 2017

Sept 25, 2017 Community Development Committee

Posted on September 25, 2017 at 8:13 am

9/25/17

 

COMMUNITY DEVELOPMENT COMMITTEE

MEETING AGENDA

Monday September 25, 2017

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

1. Approval of the 8/28/2017 CD Meeting Minutes

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

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

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

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

 

 

 

 

 

OTHER PENDING ITEMS

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

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

(Standing referral)

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

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

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

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

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

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

REFERRED BY: Assist. Law Director Breunig

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

REFERRED BY: Assist. Safety Service Director Brubaker

 

 

CD Agenda Sept. 25, 2017

 

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

Sept 25, 2017 Community Development Meeting Minutes

Posted on October 12, 2017 at 9:03 am

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

TO THE HONORABLE COUNCIL, CITY OF ELYRIA, OHIO

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

 

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

ABSENT: None

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

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

Assistant Law Director Deery, Assistant Finance Director Farrell

 

BUSINESS OF THE COMMUNITY DEVELOPMENT COMMITTEE MEETING

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

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

MOTION CARRIED

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

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

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

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

No objections have been received regarding this matter.

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

MOTION CARRIED COMMITTEE REPORT WRITTEN 

 

 

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

MOTION CARRIED

 

Submitted by,

Colleen Rosado, Secretary

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

Sept 25, 2017 Finance Committee

Posted on September 25, 2017 at 8:16 am

9/25/2017

FINANCE COMMITTEE MEETING AGENDA

Monday, September 25, 2017 V. Stewart, Chair 6:00 P.M. 1. Approval of the 9/11/17 Finance Meeting Minutes

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

REFERRED BY: Engineer Tim Ujvari

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

REFERRED BY: Council Clerk Office

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

REFERRED BY: Assistant Finance Director John Farrell

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

REFERRED BY: Mayor Brinda and Safety Director Siwierka

 

OTHER PENDING ITEMS

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

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

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

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

REFERRED BY: Councilman Tanner

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

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

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

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

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

 

Finance Agenda September 25, 2017

 

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

Sept 25, 2017 Finance Meeting Minutes

Posted on October 12, 2017 at 8:59 am

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

TO THE HONORABLE COUNCIL, CITY OF ELYRIA, OHIO

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

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

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

 

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

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

MOTION CARRIED

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

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

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

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

MOTION MOVED COMMITTEE REPORT WRITTEN

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

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

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

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

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

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

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

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

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

MOTION CARRIED COMMITTEE REPORT WRITTEN

 

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

REFERRED BY: Mayor Brinda and Safety Director Siwierka

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

MOTION CARRIED COMMITTEE REPORT WRITTEN

 

7. The Matter of Amending the Salary Ordinance.

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

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

MOTION CARRIED COMMITTEE REPORT WRITTEN

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

MOTION CARRIED

 

Submitted by,

Colleen Rosado, Secretary

 

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

Sept 27, 2017 Utilities, Safety & Environment Committee

Posted on September 26, 2017 at 4:06 pm

9/26/17

UTILITIES, SAFETY & ENVIRONMENT

COMMITTEE MEETING AGENDA

Wednesday, September 27, 2017

Committee Chair: Donna Mitchell 6:00 P.M.

  1. Approval of the 9/13/2017 Utility Meeting Minutes.
  2. The matter of a request to authorize the Mayor to advertise and enter into an agreement with a consultant for plans and specifications for resurfacing project on Chestnut Ridge Road, from Dewhurst to Highland Park Drive. [approved at Finance Committee on 9/25]

REFERRED BY: Engineer Tim Ujvari

 

  1. The matter of a request for a resolution to pursue a noise impact study and noise mitigation for residents living adjacent to the Ohio Turnpike.

REFERRED BY: 4th Ward Council, Mark Craig

 

______________________________________________________________________________________

Other Pending Items

  1. The matter of authorizing a comprehensive review of overweight vehicles coming into the City.

REFERRED BY: Law Director Serazin (tabled 7/22/15 to the August meeting–tabled)

  1. The matter of amending 932.16 to include modification of membership and meeting date/time.

REFERRED BY: SSD Siwierka

  1. The matter of Phase 2 of the 2017 Street Resurfacing Program. Tabled 3/15/17
  2. The matter of authorizing the Mayor to advertise for bids and enter in a contract for the purchase of tree lawn tree services.

w/ Finance (tabled, awaiting rate study to be completed) REFERRED BY: SSD Siwierka

  1. The matter of a policy change for water services to mobile home parks. (Tabled 5/31/17)

REFERRED BY: SSD Siwierka

  1. 6. The matter of approving an Ordinance authorizing the Mayor to approve replacing Light Bulbs on State Route 57 to LED Bulbs. (Tabled by Utilities Chair 9/12/17) (Utilities and Finance) REFERRED BY: Safety Service Director Siwierka

 

z:Utilities Agenda Sept. 27, 2017

EVENT: Wed. Nov. 1, 2017 - Wed. Nov. 1, 2017

Sept 27, 2017 Utility Meeting Minutes

Posted on November 1, 2017 at 10:25 am

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

TO THE HONORABLE COUNCIL

CITY OF ELYRIA, OHIO

The Utilities, Safety & Environment Committee held a meeting on Wednesday,

September 27, 2017 at 6:00 P.M. in Council Chambers.

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

OTHERS PRESENT: City Engineer Ujvari, Assistant Law Director Breunig

BUSINESS OF THE UTILITY, SAFETY & ENVIRONMENT COMMITTEE MEETING

1. Approval of the 9/13/2017 meeting minutes.

Cerra moved, Davis seconded to approve the 9/13/2017 meeting minutes.

MOTION CARRIED

 

2. The matter of a request to authorize the Mayor to advertise and enter into an agreement with a consultant for plans and specifications for resurfacing project on Chestnut Ridge Road, from Dewhurst to Highland Park Drive. [approved at Finance Committee on 9/25]

REFERRED BY: Engineer Tim Ujvari

Mr. Ujvari said the funding that the City is eligible for is Federal Funding. It will require a 20% match. The Engineer’s office submitted an application for the local share match through OPWC. We won’t know if we will receive the funds until early November. They had a scope meeting with ODOT. They need to move forward with the scope and the beginning of the design. The design is estimated at a cost of $75,000 and he is requesting that this be funded through the Issue 6 funds.

Cerra moved, Davis seconded to recommend authorizing the Mayor to enter into an agreement with a consultant to prepare plans and specs for the resurfacing project of Chestnut Ridge Road from Dewhurst to Highland Park Drive at a cost of $75,000.

MOTION CARRIED COMMITTEE REPORT WRITTEN 

3. The matter of a request for a resolution to pursue a noise impact study and noise mitigation for residents living adjacent to the Ohio Turnpike.

REFERRED BY: 4th Ward Council, Mark Craig

Mr. Craig stated that a Resolution was passed by Council, [R2016-15] to pursue a noise impact study to be paid for by the City or the Turnpike. Due to the impact of the Ohio Turnpike, Route 57 improvements, increased speed limits and clearing from the construction areas, there has no progress made. Mr. Craig said he wanted to re-refer it so that they could get an update on the issue. Mr. Craig wanted to see if there is further action that can be taken on this impact study.

Mr. Ujvari said that there are 2 bureaucratic bodies that the City has to deal with on this issue; The Ohio Turnpike and ODOT. Mr. Ujvari has looked into the funding for such a project. The response has been, that there is no funding. Two years ago when he applied for two million dollars for the East Side Sewer Relief for under the Turnpike, which would be an eligible project, but we were turned down on that.

 

At this point there is no funding available for any noise walls or for that matter for the sanitary sewer going under the turnpike. Mr. Ujvari asked through a District 3 Representative as to whether the City can get a survey and he is pursuing that at this time. The noise walls that are currently being constructed are in a different ODOT District then us, we are in ODOT District 3. It doesn’t appear that District 3 is as fluent in noise studies as District 12, which includes Cuyahoga County. Mr. Ujvari stated that he could have a formalized report by early November to give the committee an update.

Mr. Craig asked for a report of all the formal documented efforts that we’ve taken. There are other channels that we can pursue; we could speak to State Representatives, petition the Governor’s Office. If we don’t take action we won’t get anywhere. Informal communications are one thing, formal communications, where people are forced to respond is totally another thing. Mr. Craig is fine with tabling this issue until Engineer Ujvari has more information. He added that the issue is not an easy task. Some of the noise walls currently being constructed in Cuyahoga County have been in the works for many years. The cost is high, at one time it was about a million dollars a mile. Mr. Craig said it’s easy to have informal conversations and get discouraged or to be told to not bother to pursue this because you aren’t going to get anywhere. But we do need to continue to pursue formal efforts. Mr. Craig would like to table it to the next meeting and get the report on at least the noise mitigation study. We need to gather evidence to prove the need.

Mrs. Mitchell feels that the residents at least deserve the City trying. If ODOT says no and the Turnpike says no, there are other ways to put pressure on them.

This matter will be tabled until the meeting on October 25th.

 

Mr. Craig wanted to clarify the list of streets that was passed out by Mr. Ujvari. Mr. Ujvari said the street list everyone received this evening is the list from the end of 2016 and therefore many streets that were ranked a ‘2′ and most likely ranked a ‘1′ now. That list will be updated after this years program starts to wrap up. The streets that were finished this year have been removed from that list. He is hoping that many of those ranked as ‘2′ can go to ‘1′ which will make them priorities for next year’s list.

Craig moved, seconded by Cerra to adjourn the meeting at 6:15 P.M. MOTION CARRIED

Submitted by,

 

 

Colleen Rosado, Secretary

 

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

Sept 5, 2017 Council Meeting Agenda

Posted on September 5, 2017 at 8:41 am

YOU ARE HEREBY NOTIFIED THAT THE FOLLOWING LEGISLATION
WILL BE CONSIDERED AT THE REGULAR COUNCIL MEETING
TUESDAY, SEPTEMBER 5, 2017
REPORTS OF STANDING AND SPECIAL COMMITTEES

1. COMMITTEE REPORT NO. CR2017-
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.

RESOLUTIONS–FIRST READING

2. RESOLUTION NO. R2017-
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.

3. RESOLUTION NO. R2017-
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.

ORDINANCES–FIRST READING

4. ORDINANCE NO. 2017-
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.

5. ORDINANCE NO. 2017-
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.

6. ORDINANCE NO. 2017-
AN ORDINANCE PURSUANT TO OHIO REVISED CODE SECTION 709.023 (C) REQUIRING A BUFFER BETWEEN THE TERRITORY PROPOSED FOR ANNEXATION AND SURROUNDING TOWNSHIP LAND IF ELYRIA DETERMINES THE USE DISTRICTS IN THE TOWNSHIP ARE INCOMPATIBLE WITH THOSE IN THE CITY OF ELYRIA, AND DECLARING AN EMERGENCY.

7. ORDINANCE NO. 2017-
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A LEASE TERMINATION AGREEMENT WITH BURRER FARMS, AN OHIO GENERAL PARTNERSHIP, AND DECLARING AN EMERGENCY.

8. ORDINANCE NO. 2017-
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.

9. ORDINANCE NO. 2017-
AN ORDINANCE AMENDING SECTION 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).

10. ORDINANCE NO. 2017-
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.

ORDINANCES–FIRST READING Continued
SEPTEMBER 5, 2017
11. ORDINANCE NO. 2017-
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.

12. ORDINANCE NO. 2017-
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.

13. ORDINANCE NO. 2017-
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.

14. ORDINANCE NO. 2017-
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO CHANGE ORDER #2 AND FINAL WITH D.L. SMITH CONCRETE FOR THE HAMPTON DRIVE RECONSTRUCTION PROJECT, AND DECLARING AN EMERGENCY.

15. ORDINANCE NO. 2017-
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

16. ORDINANCE NO. 2017-
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.

ORDINANCES–SECOND READING:

17. 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
2ND READING PUBLIC HEARING ON SEPTEMBER 18, 2017, 7:00 P.M., COUNCIL CHAMBERS

18. 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).
2ND READING PUBLIC HEARING ON SEPTEMBER 18, 2017, 7:00 P.M., COUNCIL CHAMBERS

MISC & UNFINISHED BUSINESS:
19. ORDINANCE NO. 2017-
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.

20. ORDINANCE NO. 2017-
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.

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

 

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

Sept 5, 2017 Finance Meeting

Posted on September 5, 2017 at 9:35 am

FINANCE

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