- City of Elyria - http://www.cityofelyria.org -

Oct 2, 2017 Council Meeting Minutes

Minutes Approved As Printed October 2, 2017

Regular Council Meeting

10/16/17 Elyria City Council

  1. CALL TO ORDER

The regular meeting of Elyria City Council was called to order on October 2, 2017 at 7:00 P.M. by President Lotko. President Lotko opened the meeting with a moment of reflection and it was followed by the Pledge of Allegiance to the Flag of the United States of America led by President Lotko and Clare.

  1. ROLL CALL: COUNCIL MEMBERS

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

ABSENT: None

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

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

OTHERS ABSENT: None

  1. PUBLIC HEARINGS:

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

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

An Ordinance to approve the editing and inclusion of certain Ordinances as parts of the various Component Codes of the Codified Ordinances; to provide for the Adoption of New Matter in the Updated and Revised Codified Ordinances; and repealing Ordinances and Resolutions in conflict therewith.

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

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

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

Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-142

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

 

 

  1. PUBLIC HEARINGS: Continued

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

PASSAGE:

AYE: 11

NAY: 0

ABSENT: 0

MOTION CARRIED

President Lotko declared the Public Hearing had been held.

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

  1. APPROVAL OF MINUTES:

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

MOTION CARRIED

  1. REMARKS AND REPORTS OF CITY OFFICIALS:

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

Safety Service Director Siwierka: No Report

Finance Director Pileski: No Report

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

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

Assistant Safety Service Director Brubaker: No Report

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

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

Police Chief Whitely: No Report

  1. REMARKS AND REPORTS OF CITY OFFICIALS: Continued

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

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

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

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

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

WWPC Superintendent Korzan: No Report

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

REFERRED BY: Law Director Serazin

REFERRED TO: Finance

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

REFERRED TO: Finance

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

REFERRED BY: Attorney Molly Gwin

REFERRED TO: Planning Commission/Community Development

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

REFERRED BY: Brian Bauer, AIA

REFERRED TO: Planning Commission/Community Development

 

 

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

REFERRED BY: Brian Bauer, AIA

REFERRED TO: Planning Commission/Community Development

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

REFERRED BY: Mark Craig, 4th Ward Council

REFERRED TO: Utilities, Safety and Environment

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

REFERRED BY: Mark Craig, 4th Ward Council

REFERRED TO: Strategic Planning

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

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

Community Dev.

T. Callahan

D. Mitchell

J. Cerra

M. Madison

M. Jessie

COMMITTEE REPORT 2017 – 11

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

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

PASSAGE:

AYE: 11

NAY: 0

ABSENT: 0

MOTION CARRIED

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

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-143

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

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

SUSPENSION: EMERGENCY: PASSAGE:

AYE: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-144

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

 

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

SUSPENSION: EMERGENCY: PASSAGE:

AYE: 11 AYE: 11 AYE: 11

NAY: 0 NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED MOTION CARRIED

 

 

 

 

 

 

 

  1. ORDINANCES–FIRST READING: Continued
Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-145

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

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

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

SUSPENSION: PASSAGE:

AYE: 11 AYE: 11

NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

Utilities:

D. Mitchell

B. Davis

L. Tanner

M. Craig

J. Cerra

ORDINANCE NO. 2017-146

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

 

 

 

 

 

 

  1. ORDINANCES–FIRST READING: Continued

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

SUSPENSION: PASSAGE:

AYE: 11 AYE: 11

NAY: 0 NAY: 0

ABSENT: 0 ABSENT: 0

MOTION CARRIED MOTION CARRIED

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

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

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

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

  1. MISCELLANEOUS AND UNFINISHED BUSINESS:

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

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

  1. ADJOURNMENT:

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

MOTION CARRIED

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

 

 

STRATEGIC PLANNING MEETING:

Item #1, The matter of the Sanitation Rate Study

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

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

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

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

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

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

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

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

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

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

STRATEGIC PLANNING MEETING: Continued

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

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

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

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

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

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

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

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

 

STRATEGIC PLANNING MEETING: Continued

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

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

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

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

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

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

STRATEGIC PLANNING MEETING: Continued

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

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

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

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

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

 

 

STRATEGIC PLANNING MEETING: Continued

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

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

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

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

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

Mr. Lotko stated that there is no further business.

 

Stewart made a motion to adjourn, seconded by Baird.

MOTION CARRIED

 

 

 

Forrest L. Bullocks Michael J. Lotko, III

Clerk of Council President of Council