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Sept 5, 2017 Council Meeting Minutes

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