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Sept 18, 2017 Council Meeting Minutes

Minutes Approved September 18, 2017

Regular Council Meeting

Elyria City Council

  1. CALL TO ORDER

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

  1. ROLL CALL: COUNCIL MEMBERS

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

ABSENT: Davis

OTHERS

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

OTHERS

ABSENT: SSD Siwierka, Fire Chief Benton

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

MOTION CARRIED

  1. PUBLIC HEARINGS:

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

You are hereby notified a public hearing will be held on

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

Council Chambers, Elyria City Hall, 131 Court

Street, Elyria, Ohio, to consider the following:

An ordinance pursuant to Chapter 913, Codified

ordinances of the City of Elyria, Ohio vacating

a portion of State Street, located west of Middle

Avenue in the City of Elyria, Ohio.

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

President Lotko asked if there were any proponents.

Attorney Howard Lane 5333 Meadow Lane Ct.

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

 

 

  1. PUBLIC HEARINGS: Continued

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

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

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

P.M.

Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2017-132

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

 

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

PASSAGE:

AYE: 10

NAY: 0

ABSENT: 1 (Davis)

MOTION CARRIED

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

Clerk Bullocks read the call to the Public Hearing.

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

An Ordinance Amending Section 1131.02, Codified Ordinances of the

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

Property owned by the Elyria City School District Board of Education

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

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

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

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

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

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

to Business-General District (B-G).

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

  1. PUBLIC HEARINGS: Continued

President Lotko asked if there were any proponents.

Attorney Howard Lane, 5333 Meadow Lane Ct.

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

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

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

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

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

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

 

 

 

 

  1. PUBLIC HEARINGS: Continued

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

P.M.

Sponsored by:

Community Development:

T. Callahan

M. Jessie

D. Mitchell

J. Cerra

M. Madison

ORDINANCE NO. 2017-133

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

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

PASSAGE:

AYE: 10

NAY: 0

ABSENT: 1 (Davis)

MOTION CARRIED

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

P.M.

  1. APPROVAL OF MINUTES:

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

MOTION CARRIED

  1. REMARKS AND REPORTS OF CITY OFFICIALS:

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

  1. REMARKS AND REPORTS OF CITY OFFICIALS: Continued

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

Asst. Finance Director Farrell: No Report

Law Director Serazin: No Report

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

Assistant Safety Service Director Brubaker: No Report

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

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

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

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

WWPC Superintendent Korzan: No Report

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

REFERRED BY: Ohio Division of Liquor Control

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

 

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

REFERRED BY: Eng. Ujvari

REFERRED TO: Utilities/Finance

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

REFERRED BY: G. Smith, Administrative Legal Council

REFERRED TO: Planning Commission/Community Development

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

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

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

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

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

  1. REPORTS OF STANDING AND SPECIAL COMMITTEES: None

 

 

 

  1. RESOLUTIONS–FIRST READING:
Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

RESOLUTION NO. R 2017-16

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

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

SUSPENSION: EMERGENCY PASSAGE:

AYE: 10 AYE: 10 AYE: 10

NAY: 0 NAY: 0 NAY: 0

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

MOTION CARRIED MOTION CARRIED MOTION CARRIED

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

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-134

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

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

SUSPENSION: EMERGENCY: PASSAGE:

AYE: 10 AYE: 10 AYE: 10

NAY: 0 NAY: 0 NAY: 0

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

MOTION CARRIED MOTION CARRIED MOTION CARRIED

 

 

  1. ORDINANCES–FIRST READING: Continued
Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-135

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

 

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

SUSPENSION: PASSAGE:

AYE: 11 AYE: 11

NAY: 0 NAY: 0

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

MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-136

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

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

SUSPENSION: EMERGENCY PASSAGE

AYE: 10 AYE: 10 AYE: 10

NAY: 0 NAY: 0 NAY: 0

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

MOTION CARRIED MOTION CARRIED MOTION CARRIED

 

 

 

 

 

 

 

 

  1. ORDINANCES–FIRST READING: Continued
Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-137

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

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

SUSPENSION: EMERGENCY PASSAGE:

AYE: 10 AYE: 10 AYE: 10

NAY: 0 NAY: 0 NAY: 0

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

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-138

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

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

SUSPENSION EMERGENCY PASSAGE:

AYE: 10 AYE: 10 AYE: 10

NAY: 0 NAY: 0 NAY: 0

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

MOTION CARRIED MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

ORDINANCE NO. 2017-139

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

 

 

  1. ORDINANCES–FIRST READING: Continued

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

SUSPENSION: PASSAGE:

AYE: 10 AYE: 10

NAY: 0 NAY: 0

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

MOTION CARRIED MOTION CARRIED

Sponsored by:

Utilities:

D. Mitchell

B. Davis

J. Cerra

L. Tanner

M. Craig

ORDINANCE NO. 2017-140

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

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

SUSPENSION: PASSAGE:

AYE: 10 AYE: 10

NAY: 0 NAY: 0

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

MOTION CARRIED MOTION CARRIED

Sponsored by:

Finance:

V. Stewart, III

M. Lotko, III

L. Tanner

M. Madison

J. Baird

Utilities:

D. Mitchell

B. Davis

J. Cerra

L. Tanner

M. Craig

ORDINANCE NO. 2017-141

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

 

 

 

 

 

  1. ORDINANCES–FIRST READING: Continued

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

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

SUSPENSION: EMERGENCY: PASSAGE:

AYE: 10 AYE: 10 AYE: 10

NAY: 0 NAY: 0 NAY: 0

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

MOTION CARRIED MOTION CARRIED MOTION CARRIED

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

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

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

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

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

  1. MISCELLANEOUS AND UNFINISHED BUSINESS:

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

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

 

  1. MISCELLANEOUS AND UNFINISHED BUSINESS: Continued

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

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

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

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

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

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

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

  1. ADJOURNMENT:

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

MOTION CARRIED

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

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

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

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

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

  1. MISCELLANEOUS AND UNFINISHED BUSINESS: Continued

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

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

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

.

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

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

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

President Lotko thanked Mr. Balser.

Mr. Lotko stated that there is no further business.

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

MOTION CARRIED

 

Forrest L. Bullocks Michael J. Lotko, III

Clerk of Council President of Council