lorain city council agendadestinyhosted.com/loraidocs/2015/ccreg/20150504_13/... · 5/4/2015 ·...

Lorain City Council- Agenda -

Monday, May 4, 2015 @ 6 p.m.

1. OPENING OF COUNCIL: Prayer and the Pledge of Allegiance.2. ROLL CALL:3. DISPOSITION OF MINUTES:

a. Minutes from the 4-20-15 Regular Meeting of Council4. CORRESPONDENCE AND/OR COMMUNICATIONS FROM THE MAYOR:

a. Mayor appointment of the following members to serve on the Tax Incentive Review Council(TIRC) through March 26, 2018: Barbara Donahue (Board of Education appointee), RonMantini (CFO), Joseph Koziura (Legislative Representative), Tom Tucker (Superintendent ofLCS), Kevin Knight (public appointee) and Craig Snodgrass (County Auditor).

5. CORRESPONDENCE FROM DIRECTORS, BOARDS, COMMISSIONS, ETC.:a. Utility Director Garza's notification of limited hours/closure of the billing office (5/25/15 and

6/5/15) for software upgrades. Bills cannot be processed online or over the phone from6/5/15 - noon on 6/8/15 (cash payment will be accepted in office on 6/8/15).

6. CORRESPONDENCE FROM OTHER GOVERNMENTAL AGENCIES:7. CORRESPONDENCE FROM THE GENERAL PUBLIC:8. COMMITTEE REPORTS:9. LEGISLATION - FIRST READING:

a. ____Resolution recognizing and commending the Lorain High School Boys Freshman, J.V.and Varsity Basketball teams on an outstanding season.

b. ____Ord. levying special assessments for the improvement of Park Drive with Portlandcement concrete, etc.

c. ____Ord. amending Section 2 of Ord. 45-14, authorizing bids and a contract for streetpatching for 2-yr. period w/extensions.

d. ____Ord. authorizing the payment of moral claim in the amount of $1,600 to RosalindPetrillo for alleged defective repairs to her driveway apron resulting from waterline repairs.

e. ____Ord.authorizing the S/S Dir. to permit West Roofing Systems perform roof replacement,repair and re-coating at BRWWTP, w/o bid through State Purchasing, $175,316.

f. ____Transfer Ordinanceg. ____Appropriating Ordinance

10. LEGISLATION - SECOND READING:11. LEGISLATION - THIRD READING:12. COMMITTEE CALLS:13. MISCELLANEOUS CONCERNS FROM COUNCIL:14. ADJOURNMENT.

"AN EXECUTIVE SESSION, BY PROPER MOTION, WILL BE HELD IN ACCORDANCEWITH O.R.C. 121.22 G (3) TO CONFERENCE WITH THE PUBLIC BODY'S ATTORNEY

CONCERNING DISPUTES THAT ARE THE SUBJECT OF PENDING AND/OR IMMINENTCOURT ACTION."

City Council Regular Meeting 3. a. Meeting Date: 05/04/2015 Submitted by: Nancy Greer, Clerk of Council

PURPOSE AND BACKGROUNDMinutes from the 4-20-15 Regular Meeting of Council

Attachments4-20-15regmin

Form ReviewForm Started By: Nancy Greer Started On: 04/29/2015 08:46 AMFinal Approval Date: 04/29/2015

REGULAR MEETING – LORAIN CITY COUNCIL CHAMBER–CITY HALL BLDG – LORAIN, OH – APRIL 20, 2015

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Lorain City Council President Joel Arredondo called the regular meeting of Lorain City Council to order at 6:07 p.m. Acting Chaplain Brian Gates led Council in the opening Prayer and the Pledge of Allegiance.

ROLL CALL:PRESENT – 11 Messrs. Given, Koziura, DeTillio, Gates, Flores, Howard, Argenti, Edwards, Lucente, Faga and

Thornsberry. ABSENT - 0 None.

DISPOSITION OF MINUTES:Moved by Mr. Given, supported by Mr. Faga, to dispense with the reading of the minutes and accept them as written. The motion carried.

*Moved by Mr. Thornsberry, supported by Mr. Flores, to suspend the regular order of business to allow consideration of the resolution commending the Lorain High Wrestling team. The motion carried.

*LEGISLATION - FIRST READING:Resolution No. 6-15 a.) Introduced by Mr. Given, a resolution recognizing and commending the 2014/2015

Lorain High School Boys Wrestling Team.Moved by Mr. Given, supported by Mr. Edwards, to suspend the statutory three reading rule.

AYES - 11 Messrs. Given, Koziura, DeTillio, Gates, Flores, Howard, Argenti, Edwards, Lucente, Faga and Thornsberry.

NAYS - 0 None. The rule was suspended.Moved by Mr. Given, supported by Mr. Edwards, to pass the resolution.


NAYS - 0 None. The resolution passed.

*At this point, Councilman Given presented an official resolution to the Lorain High School Boys Wrestling Team, Coach Moos and staff. Coach Moos introduced the players in attendance and provided statistics and accolades to the team on their athletic abilities as well as their academic achievements. Councilman Given thanked the team for their dedication and perseverance and wished them well with their future endeavors.

CORRESPONDENCE/COMMUNICATIONS/REPORTS FROM THE MAYOR: a.) Mayor’s transmittal of correspondence from the Girl Scouts of NE Ohio dated April 15, 2015,

requesting city leaders assist in reaching out to interested parties willing to serve as members of the Development Committee. Without objection, President Arredondo ordered to receive and file the correspondence. The motion carried.

REMARKS: MAYOR RITENAUER: Many of you know Art Goodman, who was the Veteran of the Year last year. He did an excellent job in assisting the city and veterans community. This year, the Veteran of the Year was announced on Saturday, it is Dan Gillotti. He does a tremendous amount of work at the Valor Home from the challenges in the beginning to now where it is operating and functional. He is a strong presence in the local veterans’ community at all events. I wish to thank them all for what they do. It was a nice event and I did see Councilman Howard there. There is a resolution on tonight’s agenda about the local government fund. We have spoken about this many times. There was an attempt by a republic representative to put forth an amendment in the budget bill in the State House to take the 1.66% (formulary number) for local government funding up to 2.5%. That was taken out of the budget and so she has resubmitted 2%. Anything helps and I am not sure where this will go but many of us in the Ohio Municipal League and other groups will focus our efforts on the senate. We think there are some senators who are moderate on both sides of the aisle that will open to listening to this discussion. The fact that we have seen some movement in the house is a good sign but we will continue to focus on the senate. The budget process is a very lengthy one. There are a number of things that are


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objectionable to us and should be to many others. We will continue to fight to get some restoration of local government funding. Councilman Faga forwarded it to me and it is similar to a resolution that was passed in the Akron area. The more people that continue to bring light to this issue, no matter what party, the better.

CORRESPONDENCE FROM DIRECTORS, BOARDS AND COMMISSIONS, ETC.:

a.) Safety Service Director’s submission of the 2014 annual report for the Lorain Police Department was ordered receive and file without objection. The motion carried.

b.) Councilman Flores’ transmittal of the Cleveland Municipal Court Housing Initiative for all to review.

REMARKS: COUNCILMAN FLORES: This is a fourteen page document. My concern is while we have demolitions occurring through the land bank and the acquiring of those properties and the judicial process, the concern of the houses being neglected are the ones that are in need of demolition. I hope the Law Director could chime in. The lines are crossed out in portions of this document if you notice in the beginning of the document. Not being an attorney, I do not understand a court docket proceeding but the continual responsibility of how the city is going to handle the houses that are in need of demolition, the worst of the worst houses. Granted the county land bank is doing their job and tearing down some of the houses and how they acquire the property and they go through the foreclosure. There is a wide range of issues where houses are constantly ignored and just walking in the 9th, 10th Street, Leavitt Place area today I have a list of houses that are just sitting there that have been empty for four or five years. The problem and purpose of me submitting this is in hopes that we can draw something out of this that can be applied in the Building, Housing and Planning and we can apply on how we are going to get to those houses that are in need of demolition. I just thought it was a piece of information that possibly could help us out. LAW DIRECTOR RILEY: Councilman Flores, we have met, Judge Mihok and I and other city officials, with Judge Pianka on two separate occasions to review his operations of the housing court. One of the things I think is important to understand is that Cleveland has a housing court, which is a governmental entity, approved by the state legislature and part of the Ohio Revised Code. The City of Lorain does not have a housing court; it has only a housing docket. Judge Pianka’s budget, the last time we spoke with him, was approximately $2.5 to $3 million dollars. They generate in revenue from that activity about $400,000, the City of Cleveland subsidizes their operation to the tune of about $2 million. When Judge Mihok and I and city officials initially met with Judge Pianka we came to the conclusion that we would not be able to fund the operation of a dedicated housing court. A dedicated housing court has powers that are over and above what a general municipal court has, including the power to oversee the processing of foreclosure cases. The City of Lorain municipal court has no such power. Those cases are handled by the Lorain Court of Common Pleas. We did not think that it was efficient or economical or affordable for the city to actually seek the creation of a housing court. We did what we thought was appropriate, we did a scaled down version to have a dedicated housing court in the process that you now know it to be. We met with Judge Pianka on a second occasion and I believe, although I did not attend the third occasion, I think Mr. Budway did from my office, on three occasions he has been very helpful to date and has offered us ideas as to how they go about doing their housing code enforcement. I will review the material that you have submitted and to the extent that I feel we can perhaps again use Judge Pianka’s talents and his experience to help us we can certainly access him. He has been a willing partner in helping us create the process that we have in place in Lorain.

Moved by Mr. Given, supported by Mr. Edwards, to move the matter to Building and Lands Committee for future discussion.


NAYS - 0 None. The motion to refer the matter to the Building & Lands Committee carried.

CORRESPONDENCE FROM OTHER GOVERNMENTAL AGENCIES: (none)


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CORRESPONDECE FROM THE GENERAL PUBLIC: a.) Correspondence from Attorneys at Law Colella and Weir, dated April 8, 2015, requesting

Lorain City Council reconsider the previously denied request for a zone change from I-1 to I-2 at 2265 East Avenue, Lorain, Ohio (Tom Harris, applicant).

Without objection, President Arredondo ordered to receive and file the correspondence. The motion carried.

COMMITTEE REPORTS: (none)

LEGISLATION – FIRST READING:Resolution No. 7-15 b.) Introduced by Mr. Thornsberry, a resolution proclaiming April 28, 2015, as

WORKERS MEMORIAL DAY in the City of Lorain, Ohio. Moved by Mr. Thornsberry, supported by Mr. Lucente, to suspend the statutory three reading rule.


NAYS - 0 None. The rule was suspended.Moved by Mr. Thornsberry, supported by Mr. Lucente, to pass the resolution.



Resolution No. 8-15 c.) Introduced by Mr. Koziura, a resolution to the State of Ohio Legislature and Governor Kasich requesting undivided local government funding be returned to 2005 levels.Moved by Mr. Koziura, supported by Mr. DeTillio, to suspend the statutory three reading rule.


NAYS - 0 None. The rule was suspended. REMARKS: COUNCILMAN KOZIURA: As the Mayor stated today that everybody getting together to voice

our concerns about the damage the cuts to the local government has done and this is another tool to let our ideas be known.Moved by Mr. Koziura, supported by Mr. DeTillio, to pass the resolution.



Ordinance No. 45-15 d.) Introduced by Mr. Given, an ordinance amending Section 15.3.7 Mayor, Safety-Service of Ordinance No. 40-15, establishing the compensation, benefits and terms of employment for all classified and unclassified non-bargaining employees of the City of Lorain, excluding Elected Officials, Managers and professional employees and the Chief of Police, and declaring an emergency.Moved by Mr. Given, supported by Mr. Faga, to suspend the statutory three reading rule.

AYES - 11 Messrs. Given, Koziura, DeTillio, Gates, Flores, Howard, Argenti, Edwards, Lucente, Faga, Thornsberry.

NAYS - 0 None. The rule was suspended.Moved by Mr. Given, supported by Mr. Faga, to pass the ordinance.


NAYS - 0 None. The ordinance passed.

Ordinance No. 46-15 e.) Introduced by Mr. Edwards, an ordinance authorizing the Safety/Service Director toexecute all necessary agreements to refinance certain bonds under the U.S. Department of Housing and Urban Development (HUD) Section 108 financial assistance, under the Housing and Community Development Act of 1974 as amended, and declaring an emergency.Moved by Mr. Edwards, supported by Mr. DeTillio, to suspend the statutory three reading rule.


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NAYS - 0 None. The rule was suspended. REMARKS: COUNCILMAN FAGA: I would just like to congratulate those working on this in the Housing and

Public Safety Service departments that worked on this to save us approximately $26,000 a year for the next nine years. Thank you. Moved by Mr. Edwards, supported by Mr. DeTillio, to pass the ordinance.



Ordinance No. 47-15 f.) Introduced by Mr. Given, an ordinance appropriating money for current expenses and other expenditures of the City of Lorain, State of Ohio as passed by Ordinance 38-15 beginning January 1, 2015 and ending December 31, 2015 and declaring an emergency.Moved by Mr. Given, supported by Mr. Edwards, to suspend the statutory three reading rule.

AYES - 11 Messrs. Given, Koziura, DeTillio, Gates, Flores, Howard, Argenti, Edwards, Lucente, Faga and Thornsberry

NAYS - 0 None. The rule was suspended. REMARKS: COUNCILMAN GIVEN: To the Administration, I know this came down and it says that this is

really correcting omissions in the budget but $60,000 for police training, can you give us details with regards to what the money is going to be used for? MAYOR RITENAUER: The $60,000 is probably a grab bag of a lot of different things. We have five new officers that are going to be coming on board so initial training for them. We have a lot of officers, that is one of the benefits of the levy fund, that these specific officers, whether they are in narcotics, in the detective bureau for burglaries, whether its investigating a crash scene, there is a number of different trainings that are available so we try to go to as many of these various training seminars as possible to make sure that our officers are properly trained to handle the variety of situations. I would say that it is probably a mixture of thee annual training that they do in a variety of different areas in addition to new officers starting and trying to get them trained in as many of the facets in policing as we can. Moved by Mr. Given, supported by Mr. Edwards, to pass the ordinance

AYES - 11 Messrs. Given, Koziura, Detillio, Gates, Flores, Howard, Argenti, Edwards, Lucente, Faga and Thornsberry


LEGISLATION – SECOND READING:Ordinance No. 48-15 g.) Introduced by Mr. Howard, an ordinance authorizing the Director of Public Safety

Service of the City of Lorain, Ohio to purchase one 2010 LeeBoy 8515B track paver from the McClean company and declaring an emergency. Moved by Mr. Howard, supported by Mr. Faga, to suspend the statutory three reading rule.

AYES - 10 Messrs. Koziura, DeTillio, Gates, Flores, Howard, Argenti, Edwards, Lucente, Faga and Thornsberry.

NAYS - 1 Mr. Given. The rule was suspended. REMARKS: COUNCILMAN GIVEN: The reason I voted no is because I thought the administration was going

to send down information with regards to how this equipment would be used and a full analysis with all of the hourly workers that are going to be required to run it as compared to bidding these things out. I thought we were going to have the discussion and the information down to us prior to asking us to vote on the overall topic so that we would better understand the financial aspect of it. MAYOR RITENAUER: My apologies, I didn’t understand that. I would have sent it down if that is what council wanted to see. Ms. Garcia is in the audience, I do not know if she can answer your questions that you may have about it. We have discussed it in a lengthy manner internally. She could potentially shed some light on it but I would have had it down if you wanted a hardcopy. My apologies. COUNCILMAN GIVEN: I would like to see the information so that we can actually review it rather than have somebody give us a 30 second discussion on it. It is a sizeable investment. I understand if people are saying that it is needed but it is also a sizeable investment with a limited


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amount of time that we are going to use it for. I just want to make sure with our limited roadwork dollars that it makes the most sense. Unless somebody can tell me otherwise I would refer it to a third reading. COUNCILMAN ARGENTI: For what it is worth, I spoke to John Montgomery from North Ridgeville, he is their Street Superintendent and just kind of searching for some information like Mr. Given is looking for. He couldn’t give me any exact figures but there is no doubt in his mind that this was a very economical purchase. It has saved them millions of dollars and it also has gotten them on a route to become more proactive rather than reactive. They are making use of recycled asphalt, looking at things like porous asphalt, perpetual pavements, things that we should really be looking ahead to that are going to result in the long run in the City of Lorain rather than having some of the worst roads around we can have some of the best roads around and save money and become ecologically friendly also. There is a lot of homework to be done but this would really be the beginning of a change in our whole attitude, I believe. COUNCILMAN EDWARDS: I agree with my colleague, this will open a lot of doors for us, the city and unimproved streets. Last year we spent a lot of money for stone trying to limit that problem and it didn’t get us anywhere. Now is the opportunity. It is not going to be a fix all but it is a beginning. As he said we can use recycled asphalt, grind up recycled asphalt. That is going to help a lot of these unimproved streets. I was out over the weekend and a lot of people asked what are you going to do about the roads. Some people get the roads mixed up, the paved roads and the unimproved roads and once you explain that to them they say well they all need fixing you say you’re right and we are going to try to do that but we have to have a plan in trying to do what we are trying to do and this is one of the processes. When you look at some of the people in my ward that have $70,000 to $80,000 homes they have to jump ditches to get to their house or go down the road and play dodge and that is not good. I think that we have a chance to run with that. It took me ten years to get us to this point in council and the administration people to look at us and say hey, we are going to see what happens. If you do not do anything you get no results. I think this is an excellent opportunity and I ask council to pass this and work out the bugs. I take my hat off to the street superintendent. She is really trying to make a change in what is going on right now. We have some real bad roads. Not only in Lorain but other cities, too, but I think we are trying to tackle it. COUNCILMAN FAGA: I would like to ask Lori Garcia to come up if we can please. Mrs. Garcia can you give us a summary of how often you think you will be able to use this piece of equipment and any other ideas you have on it as far as you are concerned and the number of people involved in using it. STREET SUPERINTEDENT LORI GARCIA: Weather permitting, we could use it five days a week. I have put the crews together and as the Mayor said earlier we will have a paving crew, two concrete crews, 2 crack filling crews, a hot patch crew and a median cutting crew. COUNCILMAN FAGA: How many employees will it take to use this equipment? I remember hearing five, but I think that was just for the equipment. Are we going to use our in-house folks to pick up the asphalt and deliver it or are we going to hire that out? MRS. GARCIA: We can do it either way. I have the crews as a five man crew or a seven man crew. On the day that we pave it would probably be a seven man crew with two of them using the tandem trucks to pick up the asphalt. COUNCILMAN FAGA: Is that enough trucks? Are two trucks sufficient? I know when I am driving and I see company’s crews doing this work it seems like there is a long line of five or more trucks delivering asphalt and always waiting so that it is hot when it goes down and that machine continues to move. MRS. GARCIA: Correct, but you have to realize that the roads that we are going to be starting off with this summer are much smaller than the major roads you would see being done by the major contractors. As one truck is empty, especially in the areas of the unimproved road, we are five minutes from the plant. COUNCILMAN HOWARD: One of the things that we did when we sent this to a Second Reading was we wanted to have an opportunity to have Mr. Fowler take a good look at this and make sure that it was going to be an economical purchase versus bringing somebody in from the outside to do this work. As I understand Mr. Given’s wanting to see the data I am sure, I would like to hope, that this would not have come down if it was going to cost us more money to do it this way as opposed to hiring somebody else out.


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COUNCILMAN GIVEN: Let the administration speak on the matter. Are you telling us that this is the most economic way to pave roads in our community? We have asked for an update on it. I would like the details and I would like it to go on the record so that everybody has something to come back to later on when these numbers need to be reviewed again. MAYOR RITENAUER: Would you like them emailed or would you like me to read them out loud to you? The crew leader will be making $32.23 an hour, two operators making $27.57 an hour, seasonal making $11.80 an hour, laborer at $21.08 an hour and when we have the seven man crew, which you would keep all four of those and add two additional operators at $27.57 per hour, so we would be at $175.42 an hour for seven employees and the actual wages include the benefits for each position that would be on the crew. We believe these numbers are at least competitive or better than if we were to bid the work out. I would also suggest that this does not mean we have to do every single aspect of this in-house. I was talking with Mayor Gillock from North Ridgeville, I know Councilman Argenti referenced North Ridgeville. Mayor Gillock actually really likes this machine and is looking to us to see what we think about the dura-patcher. While we are contemplating purchasing this from North Ridgeville they are contemplating purchasing a dura-patcher based upon our success with it. Ultimately what North Ridgeville does is they will bid out to a company to come in and grind the road, unimproved roads we could probably do completely in house but there are some situations where it might make sense to have a company come in and just prepare it and all we do is roll it. We would have the ability to do that in a more competitive way I think than hiring it out. There could also be those projects where it is jointly done but based upon those numbers and based upon our crews and crew sizes and the size of these streets we think having an in house crew would just give us that much more of an ability to get work done. COUNCILMAN GIVEN: For the record, I would like the administration to email Nancy Greer the information that they just emailed me right now with regard to these numbers so that can go on the record as well. It looks like it is pretty close, it will give us a little flexibility but it is not a huge savings. The only other aspect and my other comment would be that the City of Lorain is historic for not taking care of its equipment and I want to make sure that when we are making these investments that every department head knows that it is their responsibility to make sure the equipment is maintained and taken care of and it should not be left outside to degrade. PRESIDENT ARREDONDO: Obviously this is a big investment and I agree with Mr. Given. We unfortunately do have a bad record of maintaining our equipment and this is not like a toy that you can just go out to Walmart and go buy another one for Christmas. This is a big investment and these are very good discussions and very good questions that are being asked. Thank you to the administration for providing the answers and the leadership there. Moved by Mr. Howard, supported by Mr. Faga, to pass the ordinance.



CLERK GREER announced a request from the administration to waive Council Rule 32 (the 72-hour rule) and add (3) three ordinances pertaining to an appropriation, the resurfacing of Colorado Avenue and filter media for the water treatment plant to the agenda for consideration at a First Reading.Moved by Mr. Given, supported by Mr. Gates, to waive Council Rule 32 (the 72 hour rule) and add all three items to the agenda.

AYES - 11 Messrs. Given, Koziura, Detillio, Gates, Flores, Howard, Argenti, Edwards, Lucente, Faga and Thornsberry

NAYS - 0 None. The motion carried.

*LEGISLATION – FIRST READING (Added)Ordinance No. 49-15 g.) Introduced by Mr. Howard, an ordinance authorizing the Safety Service Director to

advertise for bids and enter into a contract for the removal and disposal of up to ten old filter media and supply and installation of new filter media at the City of Lorain Water Treatment Plant for the budgeted amount of $150,000 and declaring an emergency. Moved by Mr. Howard, supported by Mr. Thornsberry, to suspend the statutory three reading rule.


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NAYS - 0 None. The rule was suspended. REMARKS: COUNCILMAN GIVEN: We just received this probably a half hour before the meeting, I guess

my question to the Safety Service Director, if he can answer it, is obviously we have had a lot of people leading the charge in that department. It states that due to the deterioration and the condition over a period of 18 years… How is this a emergency if it has been deteriorating for 18 years?MAYOR RITENAUER: These items were submitted last week for the agenda. I think there are a few reasons why they didn’t get down here on the actual regular agenda but they went through the proper process. I know we have new agenda software. We could have held this off until May but one of the issues is that we don’t have another council meeting until May and this is one of the things in the budget discussion that I referenced in terms of the purification plant and several of the needs. We all know the water fund is very tight but these are things that have to happen as soon as we possibly can. That is why I asked for the suspension of the council rule to waive the 72 hour rule because it was submitted last week, it didn’t get to you, I do not know if there was an approval process that it didn’t happen or the Law Department didn’t like it, I do not know, I just think that it is that important that we move forward on it because purification, they have got most of what they asked for in their budget. There is so much work to do in our water purification plant that the sooner we can move on this the better. As you see, there are 10 of the 14 filters that need attention. It is obviously council’s decision; I just did not want to wait until May for something that we certainly need to get done.COUNCILMAN GIVEN: I was not asking about the process, my question is it states up to 10 media filters, which tells me when I am reading this at this point in time we have no idea how many we are going to need to replace. I am looking at it as stating that 10 of these things is a sizeable investment, why don’t we have a process in place that these things categorically are replaced every couple of years so that it is a continuously hit on our budget of $30,000 versus $150,000 every year?SAFETY/SERVICE DIRECTOR FOWLER: One of the things that we identified in the last three years is that there is no capital improvement plan in the organization. I have been actively asking the managers who have recently had turn over in their positions last year to provide us with a list of capital improvements so as we can plan this out going forward. One of the biggest issues we have had is everything seems to be an emergency and we don’t have or haven’t set forth a depreciation schedule which would allow us to set aside monies so that when these big capital expenditures come forward we have a, so to speak, a savings account to fund them. The reason it is up to ten is because we are going out to bid and we do not know. We have an estimate of how many we can get replaced for that $150,000 but until the bids were received last year we were quite surprised to learn that we could do more than what we actually anticipated. The reason that we chose up to ten, we anticipate probably four to five will be able to be replaced this year and then subsequently next year we will come back with the remaining portion of our filters that need to be replaced.COUNCILMAN GIVEN: What is the lifecycle on each one of these?SAFETY/SERVICE DIRECTOR FOWLER: I think it is about 20 years. We are ending the useful life which is why we are getting concerned about the duration at which we don’t do our replacement. COUNCILMAN GIVEN: And in meetings with the department heads, do they understand the need to plan and space these things out accordingly so that we can do this over a period of ten years versus doing it every 20 years and then having it impact or have a catastrophic result?SAFETY/SERVICE DIRECTOR FOWLER: We actually convened a rate study in 2013. Part of the rate study incorporates the capital planning of our departments and utilities. The reason it has taken so long for the rate study is the department heads were not supplying us with the capital improvement needs going forward because we didn’t have a capital plan. The first step was to get the capital plan, which we now have in place in draft form and anticipating those needs in the future and also setting aside some depreciation as those assets depreciate we want to have money set aside so that you can pay for them in cash, which we are doing with these but there are about $5.7 million in expenses in the water department that need to be addressed immediately because


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this is our drinking water. We have immediate needs that are going to be addressed or need to be addressed and the way to achieve that is through depreciation so that those assets can be replaced in cash versus a debt service situation.COUNCILMAN GIVEN: We also need to keep in mind that the way that this is funded is through water and sewer rate increases and from the public’s point of view it is going to be easier on their palate if we are able to hit them with a 3%, or whatever, versus all of a sudden. You haven’t had increases for ten years and then wham, their water or sewer bill goes up enormously. That is the one thing that we hear constantly and it is a valid point. Nobody can plan for it and it shows a lack of planning on our behalf. Based upon what you said, I am satisfied I just hope that we actually carry through with that plan. Moved by Mr. Howard, supported by Mr. Thornsberry, to pass the ordinance.



Ordinance No. 50-15 h.) Introduced by Mr. Howard, an ordinance authorizing the Safety Service Director to enter into a contract for the resurfacing of Colorado Avenue in the City of Lorain and declaring an emergency. Moved by Mr. Howard, supported by Mr. Gates, to suspend the statutory three reading rule.


NAYS - 0 None. The rule was suspended. REMARKS: COUNCILMAN FLORES: How many other streets meet the proper standards of engineering? As

this statement says here you have Oakdale from 18th Street to 17th Street, which is one street. You have 9th Street from Brownell to Oberlin Avenue. How many streets could I get paved for $305,000? I understand the objective here with Colorado Avenue needing done, there are potholes on the curbs on that street as well but how many other streets have been waiting for years? With the construction of Hawthorne School and those trucks and the buses that traverse Oakdale from 18th Street when they are leaving Hawthorne to 17th Street. 9th Street from Brownell to Oberlin Avenue is really bad. I have sent Lori Garcia a list of the streets so I have a little bit of a problem with the estimated budget amount of $305,000 for that much how many streets could I get done outside of Colorado Avenue and it is not as bad as some of these other streets. MAYOR RITENAUER: Councilman Flores, I think it is interesting that you are fighting against a road repair in your own ward but I guess what I would say is not very many. We opened the bids last week and I think with contingency built in, which is 10%, it came to about $240,000. Keep in mind the eastside last year had some delays in terms of their roadwork because of how late in the season it was. When you look at that part of Colorado Avenue connecting to the other part of Colorado you look at F Street it makes sense. Not to mention, we have a lot of people that are going to be hopefully coming into our town this year for Rockin’ on the River. To be able to have a smoother Colorado Avenue, in addition, we have talked about the main roads, the secondary roads and then getting into the side streets. The roads you have mentioned, I am not arguing with you, they are in poor shape and in addition to the roads, many of which are being done in your ward this year in the Central Lorain portion up to 9th or 10th Street, we are looking at a number of other roads that you mentioned in terms of their rankings and those types of things. We have got to keep in mind from a multi-faceted standpoint, not only rankings but parts of the city, are there projects going on in those areas where it makes sense to do a road because we get a break on the price versus doing all of our work in one section in town versus another and for me I cannot win. I hear all of the time ‘you are doing too much in South Lorain’, ‘you are doing too much in Central Lorain’, ‘why the westside gets everything?’ I hear it for all of them. When we try to bring roadwork down we try to plot out exactly what areas of town and obviously the need. We have been driven by a lot of the waterline work in the past. But ultimately Colorado Avenue, we looked at this as an opportunity to get some more work to the eastside, which I think on the eastside the roads that are getting done this year are great but to be able to connect the part of Colorado that was done a few years ago with this part of Colorado I think made a lot of sense considering that is a major thoroughfare. We are looking at the roads that you brought up, a number of other members of council have brought up roads that are on our wish list. Our wish list for the next round of


9

roadwork is double the size of what we can get done. We are whittling away trying to figure out what can wait, what has to be done now, what we can do in house, as you saw the agenda at a second reading. We are going to have two concrete crews this years, we are going to have two crack sealing crews this year. Ms. Garcia is in the audience and I think she has done a very nice job of staffing and getting our plan ready but ultimately obviously we all wish there was more money but that is really the reason why Colorado was selected, but again I hear your frustration. Once that list of roads is out anybody who is not on any of those streets is going to wonder why. That is the task that we are faced with. COUNCILMAN GIVEN: Just one other quick comment, that is an area right by Emerson, which is one of our major employers in the area and we need to keep in mind that when we have these,I’ll call them high-tech companies that are all electronics, there are a lot of highly paid people there. We need to make sure that as we are looking at our improvements in the city that we are also looking at our businesses and seeing what they need. There was a time a short while ago where they were looking at leaving our community because of the fact that they felt that Lorain was not good enough to attract high caliber talent. We work with them to improve their facility, we need to improve the roads in the area and I wholly support the fact that this is being done specifically forthat reason.Moved by Mr. Howard, supported by Mr. Gates, to pass the ordinance.



Ordinance No. 51-15 i.) Introduced by Mr. Given, an ordinance appropriating funds for current expenses and other expenditures of the City of Lorain, State of Ohio as passed by Ordinance 38-15 beginning January 1, 2015 and ending December 31, 2015 and declaring an emergency.

REMARKS: COUNCILMAN GIVEN: Prior to making a motion I would like to ask a question. To the administration or Mr. Fowler, can you explain the appropriation of funds for city swimming pools?Historically, the Parkland Trust Fund was used for making major improvements to our park system, my question is are we using these funds for the day to day operations or are we using it for making improvements?SAFETY/SERVICE DIRECTOR FOWLER: We initially appropriated this money or sent this appropriation down early two weeks ago for your consideration to put a coating on the base of the pools that would last approximately 20 years. After we had done some research and consultation with some outside experts it has been determined that we can do a three-part scrape, acid wash and repaint. Essentially a portion of this money is to prepare the pools for operations for the next three to five years. We should not have to do any maintenance to the pools for three to five years in terms of the painting. A portion of this money is for painting and scraping and sanding the pools. An additional portion, $12,000, is allotted for the roof at Century Park, which is in disrepair. We had initially thought that we would be able to allocate our HUD dollars for the roof; however, it is not located in a low-to-moderate income area and thus does not qualify. However, the restrooms will because handicap accessibility is an allowable use of HUD dollars. So, a portion of this money is going to be used for the roof at Century Beach, which is in disrepair, and then the remaining portion will be for the swimming pools. COUNCILMAN GIVEN: For the three swimming pools?SAFETY/SERVICE DIRECTOR FOWLER: At present we are only opening Central and Oakwood. Moved by Mr. Given, supported by Mr. Koziura, to suspend the statutory three reading rule.


NAYS - 0 None. The rule was suspended.Moved by Mr. Given, supported by Mr. Koziura, to pass the ordinance.



LEGISLATION – THIRD READING: (none)


10

COMMITTEE CALLS: (none)

MISCELLANEOUS CONCERNS FROM COUNCIL: COUNCILMAN LUCENTE: To the administration and Leon Mason, can you check on 3967

Gregus? It was on the list to be demolished some time ago, I want to say two years ago or so, can somebody check on that and let me know where that’s at so that we can get that taken care of?COUNCILMAN EDWARDS: To Mr. Mason, I asked you to check on 3620 Clifton Avenue. Don’t check on it, just knock it down for us, okay? Because it is a sore and we need to get someone out there to clean up the siding that it blowing off of the property, it is going to end up in other people’s properties. I know that there is probably some out there that is freshly down today because of the wind today and this weekend. COUNCILMAN HOWARD: I just want to thank you, Mr. President, the Mayor and Mr. Faga for their donations to the International Festival Spotlight committee. I was given special instructions to do that and as well to ask all of the rest of council, who Jeanine Donaldson sent a letter to, if you committed to supporting please do so because we could use the money to ensure that we have a great festival this year. Thank you all for your support. Also, it is for the African American spotlight committee. It has been eight years since we were the spotlight nationality and we are looking forward to working and ensuring that we have a great year in the City of Lorain.

ADJOURNMENT: Moved by Mr. Given, supported by Mr. Koziura, to adjourn the meeting.

AYES - 10 Messrs. Given, Koziura, DeTillio, Gates, Howard, Argenti, Edwards, Lucente, Faga and Thornsberry

NAYS - 1 Mr. Flores. The motion carried.

There being no comments, the meeting adjourned at approximately 7:10 p.m.

__________________________________ _________________________________ CLERK OF COUNCIL PRESIDENT OF COUNCIL


PURPOSE AND BACKGROUNDThe Mayor's appointments of the following members to serve on the Tax Incentive Review Councilthrough March 26, 2018: Barbara Donahue (Board of Education appointee), Ron Mantini (CFO), JosephKoziura (Legislative Representative), Tom Tucker (Superintendent of LCS), Kevin Knight (publicappointee) and Craig Snodgrass (County Auditor).

AttachmentsCorrespondence - TIRC



PURPOSE AND BACKGROUNDUtility Director Garza's notice advising the Utility Dept. office will be closed on May 25, 2015 (MemorialDay) and Friday, June 5, 2015 due to a computer conversion and software upgrade. The office will beopen during normal business hours on Monday, June 8, 2015 and cash payments will be accepted. However, customers will not be able to make payments online, over the phone or in person from Friday,June 5th until noon on Monday, June 8th, This notice has been printed on the May 1st bills along withthe notice of the upcoming water rate increases.

AttachmentsCorrespondence - Utility


CITY OF LORAIN


AGENDA ITEM DESCRIPTION OR LEGISLATION TITLEA resolution recognizing and commending the Lorain High School Boys "Titans" Freshmen, Junior Varsityand Varsity Basketball teams on a successful season.

PURPOSE AND BACKGROUND:Lorain City Council At-Large members Dan Given and Joseph Koziura wish to commend and congratulatethe LHS Basketball teams on their athletic and academic accomplishments.

RECOMMENDATION TO COUNCIL:Passage of the resolution.

AttachmentsResolution

Form ReviewInbox Reviewed By DateLegal Patrick Riley 04/30/2015 10:02 AMForm Started By: Nancy Greer Started On: 04/28/2015 11:48 AMFinal Approval Date: 04/30/2015

RECOGNIZING AND COMMENDING THE LORAIN HIGH SCHOOL “TITANS”

BOYS FRESHMEN, JUNIOR VARSITY AND VARSITY BASKETBALL TEAMS

ON AN OUSTANDING 2014-2015 SEASON

WHEREAS, the Lorain High School Boys Freshmen, Junior Varsity and VarsityBasketball Teams have all concluded their season victoriously becoming the 2014-2015 Lake Erie League Champions; and

WHEREAS, Lorain City Council proudly commends the Lorain High SchoolFreshman Basketball Team and Coach Brian Clark and Dan Biber for concluding their season with an impressive record of 19-3, and the Junior Varsity Basketball Team and Coaches Matt Kielian and Dave Rositano for concluding their season with admirable 21-1 record; and

WHEREAS, Lorain City Council wishes to applaud and congratulate the Lorain High “Titans” Varsity Team and their Coaches John Rositano and Mitch Gillam for an outstanding and historical season, concluding the regular season with a record of 22-0, becoming the 2014-2015 OHSAA Sectional and District Champions, and ranking No. 2 in Division 1 in the State of Ohio, and

WHEREAS, Lorain City Council further commends these magnificent teams who have earned their well-deserved reputation by performing with precision and dedication over the months of rigorous training and intense competition.

NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LORAIN, STATE OF OHIO:

SECTION I. That this Council is desirous of recognizing and commends the team players of the 2014-2015 Lorain High School Boys Freshmen, Junior Varsity and Varsity Basketball Teams on their superior athletic and academic achievements, the coaches for their guidance and exemplary display of duties and the dedicated parents and loyal fans that have contributed to a truly memorable and historical season.

SECTION II. That a certified copy of this Resolution be presented by Councilman Dan Given and Councilman Joseph Koziura to the teams and their coaches to serve as a memento and tribute to their achievements and personal successes.

SECTION III. That it is found and determined that all actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting and any of its committees that resulted in such formal action were in meetings open to the public and in compliance with legal requirements including Section 121.22, O.R.C.

SECTION IV. That this resolution shall take effect and be in force immediately upon its passage and approval of the Mayor.

PASSED:__________________, 2015 ___________________________________ PRESIDENT OF COUNCIL

ATTEST:__________________, CLERK __________________________________ MAYOR

CITY OF LORAIN

City Council Regular Meeting 9. b. Meeting Date: 05/04/2015 Submitted by: Ron Mantini, City Auditor

AGENDA ITEM DESCRIPTION OR LEGISLATION TITLEORDINANCE LEVYING SPECIAL ASSESSMENTS FOR THE PARK DRIVE IMPROVEMENT PROJECT

PURPOSE AND BACKGROUND:I hereby certify that based upon the actual costs for improving Park Drive in accordance with yourResolution No. 015-12, the aggregate final costs of said improvement including the costs specified inORC Section 727.08 and all necessary expenditures will be in the maximum amount of $87,804.03. The portion of such cost attributable to the City of Lorain FOR property owned by the City of Lorain is$41,949.63. Accordingly, the remainder to be assessed in accordance with said resolution is $45,854.40. The estimated assessments filed pursuant to said resolution and heretofore approved by Council havebeen revised in the same proportion as the aggregate final cost above has increased or decreased fromthe estimated cost of the improvement as filed prior to the adoption of said resolution and accordinglythe revised assessments for this improvement are in the aggregate amount of $45,854.40. The revisedassessments were filed in the office of the Clerk of Council on April 27, 2015.

RECOMMENDATION TO COUNCIL:Lorain City Council consider for approval

AttachmentsOrdinancrassessment costs

Form ReviewInbox Reviewed By DateLegal Ron Mantini 04/27/2015 11:25 AMAuditor (Originator) Ron Mantini 04/27/2015 11:30 AMLegal Patrick Riley 04/30/2015 10:02 AMForm Started By: Ron Mantini Started On: 04/27/2015 10:20 AMFinal Approval Date: 04/30/2015

ORDINANCE NO._______________

AN ORDINANCE LEVYING SPECIAL ASSESSMENTS FOR THE IMPROVEMENT OF PARK DRIVE BY PAVING WITH PORTLAND CEMENT CONCRETE, GRADING, DRAINING AND CURBING TOGETHER WITH THE NECESSARY APPURTENANCES AND DECLARING AN EMERGENCY.

WHEREAS, Resolution No. 015-12 was adopted declaring it necessary to improve Park Drive in accordance with Ohio Revised Code § 727.01 ET seq; and

WHEREAS, the Park Drive improvement project has been completed in accordance with Ohio Revised Code § 727.01, et seq., Ordinance Nos. 138-12; and

WHEREAS, the actual cost of the Park Drive improvement project has been ascertained in the manner provided in the Resolution of Necessity adopted in accordance with Ohio Revised Code § 727.12 and that portion of the total cost of the improvement to be paid for by special assessments ascertained.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LORAIN, STATE OF OHIO:

SECTION I. That the revised special assessment of the cost and expense of improving Park Drive all being one continuous project within the City of Lorain, Ohio by paving with portland cement concrete, grading, draining and curbing together with the necessary appurtenances thereto amounting in the aggregate to $45,854.40 as reported to this Council on the 23rd day of April, 2015 by the City Engineering Department in conjunction with the Auditor’s office and now on file in the office of the Clerk of this Council, be and the same is hereby adopted and confirmed and that there be and are hereby levied and assessed upon the lots and lands bounding and abutting upon said improvement the several amounts reported as aforesaid, which assessments are in proportion to the special benefits and are not in excess of any statutory limitation.

SECTION II. That this Council hereby finds and determines that the revised assessments as now on file in the office of the said Clerk are in the same proportion to the estimated assessments as originally filed as the actual cost of the above described improvement is to the estimated cost of the improvement as originally filed.

SECTION III. That the assessment against each lot or parcel of land shall be payable in full on or before May 29, 2015 to the Auditor of the City of Lorain, or at the option of the owner in twenty (20) annual installments with an interest rate of 3.0%. All assessments and installments thereof remaining unpaid on May 29, 2015 shall be certified by the Clerk of this Council to the County Auditor as provided by law to be placed by him on the tax duplicate and collected as other taxes are collected.

SECTION IV. That the Clerk of this Council shall cause a notice of the passage of this ordinance to be published once in a newspaper of general circulation in this City and shall continue on file in her office said revised assessments.

SECTION V. That the Clerk of Council is hereby directed to deliver a certified copy of this Ordinance to the County Auditor within twenty (20) days after its passage.

SECTION VI. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal actions, were in meetings open to the public, in compliance with all legal requirements, including Ohio Revised Code §121.22.

SECTION VII. That this Ordinance is hereby declared to be an emergency, the nature of which is the need to have this Ordinance immediately effective so that the assessments may be certified by the Clerk of this Council to the County Auditor in a timely fashion to be placed by him on the tax duplicate for collection, all in order to preserve the health, welfare and safety of the citizens of the City of Lorain. Therefore, this Ordinance shall take effect immediately upon its passage and approval by the Mayor, providing it receives the statutory requirements for passage, otherwise it shall take effect and be in force from and after the earliest period allowed by law.

PASSED: __________________________, 2015 ____________________________________ PRESIDENT OF COUNCIL

ATTEST: ________________________________, CLERK OF COUNCIL

APPROVED: ______________________, 2015 ____________________________________ MAYOR

CITY OF LORAIN

City Council Regular Meeting 9. c. Meeting Date: 05/04/2015 Submitted by: Philip Turske

AGENDA ITEM DESCRIPTION OR LEGISLATION TITLE:AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NUMBER 045-14, AUTHORIZINGTHE SAFETY/SERVICE DIRECTOR OF THE CITY OF LORAIN, OHIO TO ADVERTISE FOR BIDSAND SUBSEQUENTLY ENTER INTO A CONTRACT FOR STREET PATCHING FOR A TWO-YEARPERIOD WITH TWO OPTIONAL ONE-YEAR EXTENSIONS, AND DECLARING AN EMERGENCY.

PURPOSE AND BACKGROUND:In 2014 Lorain City Council passed an ordinance authorizing the Safety/Service Director of the City ofLorain, Ohio to advertise for bids and subsequently enter into a contract for street patching for atwo-year period with two optional one-year extensions.

The Lorain City Council wishes to clarify the contract amount for each year of the project.

RECOMMENDATION TO COUNCIL:For consideration and passage by Council.

Fiscal Impact

Funds Available in Current Year Budget (Y/N): YesEstimated Cost : 500,000 per yearEstimated Completion Date:List Source of Funding: BelowFund & Expense Account Number: BelowFinancing Requirements (Bonds, Loans, Lease, etc.):Water Pollution Control Budget, Capital Outlay, Street Improvements, Account No. 6130 P613 64606700 2500, from the Water Department Budget, Capital Outlay, Street Improvements, Account No.6020 P602 6190 6700 2500, and from the General Sewer Projects Budget, Account No. 4030 C403 67007000.

AttachmentsOrdinance

Form ReviewInbox Reviewed By DateAuditor Ron Mantini 04/29/2015 04:20 PMLegal Patrick Riley 04/30/2015 10:02 AM

Form Started By: Philip Turske Started On: 04/28/2015 03:44 PMFinal Approval Date: 04/30/2015

ORDINANCE NO.

AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NUMBER 045-14, AUTHORIZING THE SAFETY/SERVICE DIRECTOR OF THE CITY OF LORAIN, OHIO TO ADVERTISE FOR BIDS AND SUBSEQUENTLY ENTER INTO A CONTRACT FOR STREET PATCHING FOR A TWO-YEAR PERIOD WITH TWO OPTIONAL ONE-YEAR EXTENSIONS, AND DECLARING AN EMERGENCY.

WHEREAS, in 2014 Lorain City Council passed an ordinance authorizing the Safety/Service Director of the City of Lorain, Ohio to advertise for bids and subsequently enter into a contract for street patching for a two-year period with two optional one-year extensions; and

WHEREAS, the Lorain City Council wishes to clarify the contract amount for each year of the project; and


SECTION 1: That Section 2 of Ordinance 045-14 which currently reads as follows:

That the cost of the labor and material for the patching after sanitary and waterline repair work has been completed to be taken from the Water Pollution Control Budget, Capital Outlay, Street Improvements, Account No. 6130 P613 6460 6700 2500, from the Water Department Budget, Capital Outlay, Street Improvements, Account No. 6020 P602 6190 6700 2500, and from the General Sewer Projects Budget, Account No. 4030 C403 6700 7000.

Shall be amended to read as follows:

That the cost of the labor and material for the patching after sanitary and waterline repair work has been completed to be taken from the Water Pollution Control Budget, Capital Outlay, Street Improvements, Account No. 6130 P613 6460 6700 2500, from the Water Department Budget, Capital Outlay, Street Improvements, Account No. 6020 P602 6190 6700 2500, and from the General Sewer Projects Budget, Account No. 4030 C403 6700 7000. The work for this project shall not exceed $500,000.00 per calendar year.

2

SECTION 2: That it is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council;and that all deliberations of this Council and of any of its committees that resulted in such formal actions were in meetings open to the public and in compliance with all legal require-ments, including Section 121.22, Ohio Revised Code.

SECTION 3: That this ordinance is an emergency, the nature of which is the immediate need to preserve the health, safety, and welfare of the citizens of Lorain, by providing citizens properly patched roads and functioning water and sewer service. Wherefore, this ordinance shall take effect immediately upon its passage and approval of the Mayor, providing it meets thestatutory requirements for passage; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

PASSED: _____________________, 2015

__________________________________PRESIDENT OF COUNCIL

ATTEST: _____________________, CLERK

__________________________________MAYOR

APPROVED: __________________, 2015

CITY OF LORAIN

City Council Regular Meeting 9. d. Meeting Date: 05/04/2015 Submitted by: Nancy Greer, Clerk of Council

AGENDA ITEM DESCRIPTION OR LEGISLATION TITLEAn Ordinance authorizing a payment of $1,600 to Rosalind Petrillo, 3601 Meadowbrook Drive, Lorain,Ohio, as a moral claim.

PURPOSE AND BACKGROUND:Rosalind Petrillo, 3601 Meadowbrook Drive, Lorain, Ohio made a claim against the City of Lorain onAugust 4, 2014, alleging damage to her driveway apron by a city contractor as a result of waterlinerepair work in late 2011. The claim was reviewed by Law Director Riley and rejected. The claimantwishes to submit the claim to Lorain City Council for consideration as a moral claim at the request ofCouncilman Josh Thornsberry. A copy of the claim, rejection, letter of explanation are attached andphotos are available in the Clerk's Office.

RECOMMENDATION TO COUNCIL:Lorain City Council consider passage of the ordinance.

Fiscal Impact

Funds Available In Current Year Budget (Y/N): YesEstimated Cost: 1600Estimated Completion Date:List Source of Funding: Water Damages & JudgmentsFund & Expense Account Number: P602 4000 81000 1100Financing Requirements (Bonds, Loans, Lease, etc.):Funds from Water Dept. Damages & Judgments Acct.

AttachmentsOrdinanceclaim-info-rejection

Form ReviewInbox Reviewed By DateLegal Patrick Riley 04/30/2015 10:02 AMForm Started By: Nancy Greer Started On: 04/29/2015 10:37 AMFinal Approval Date: 04/30/2015

Ordinance No. ________

AN ORDINANCE AUTHORIZING THE PAYMENT OF A MORAL CLAIM TO ROSALIND PETRILLO, 3601 MEADOWBROOK DRIVE, LORAIN, OHIO, FOR THE ALLEGED DEFECTIVE REPAIRS TO HER DRIVEWAY APRON RESULTING FROM A WATER MAIN LINE REPAIR INCIDENT IN 2011.

WHEREAS, a claim was made against the City of Lorain by Rosalind Petrillo, 3601 Meadowbrook Lane, Lorain, Ohio on August 4, 2014, for alleged defective repairs to her driveway apron, through a city contractor, for the repair of a water main line in the late fall of 2011; and

WHEREAS, the claim was reviewed and rejected by the Lorain City Law Director Patrick D. Riley on October 21, 2014; and

WHEREAS, notwithstanding that the City of Lorain, Ohio has no legal liability to pay this claim, Lorain City Council finds and determines that a moral obligation exists and hereby authorizes to pay the claimant for her loss.


SECTION I. That the Auditor of the City of Lorain, Ohio is hereby authorized and directed to pay this claim as a moral claim and to issue a warrant drawn upon the Treasury of the City of Lorain, Ohio in the amount of $1,600 (one thousand six-hundred dollars) from the Damages & Judgments Account 6020.P602.4000.8100.1100,and to tender the same to the claimant upon the receipt of a full release in favor of the City from Rosalind Petrillo, 3601 Meadowbrook Drive, Lorain, Ohio.

SECTION II. That Council finds and determines that all formal actions of this Council

concerning or relating to the adoption of this Ordinance were taken or adopted in open meetings of this Council and that all deliberations of this Council and any of its committees which resulted in such formal actions were in meetings open to the public and in compliance with all legal requirements including, but not limited to, Section 121.22 of the Ohio Revised Code.

SECTION III. That this Ordinance shall be in force and take effect after the earliest period allowed by law.

PASSED:___________________, 2015 __________________________ PRESIDENT OF COUNCIL

ATTEST: ______________________ CLERK OF COUNCIL

APPROVED:________________, 2015 _________________________ MAYOR

CITY OF LORAIN

City Council Regular Meeting 9. e. Meeting Date: 05/04/2015 Submitted by: Linda OConnor

AGENDA ITEM DESCRIPTION OR LEGISLATION TITLE:Attached you will find an ordinance for which I am seeking your approval. The proposed ordinanceseeks to allow the City of Lorain to allow West Roofing Systems, Inc. to perform roof replacement,repair and re-coating of various roof areas at Black River Waste Water Treatment Plant .

PURPOSE AND BACKGROUND:Immediate repair/re-coating/replacement is necessary due to the poor condition of the roof.

RECOMMENDATION TO COUNCIL:We request the passage of this ordinance.

Fiscal Impact

Funds Available in Current Year Budget (Y/N): YEstimated Cost : 175,316.00Estimated Completion Date: July 2015List Source of Funding: Facility ImprovementFund & Expense Account Number: 6130.P613.6310.6700.1500Financing Requirements (Bonds, Loans, Lease, etc.):

AttachmentsBR Ord. EDIT llBRWWTP Roof Quotes

Form ReviewInbox Reviewed By DateAuditor Ron Mantini 04/30/2015 03:16 PMLegal Patrick Riley 04/30/2015 04:14 PMForm Started By: Linda OConnor Started On: 04/29/2015 08:24 AMFinal Approval Date: 05/01/2015

ORDINANCE NO._______________

AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY/SERVICE OF THE CITY OF LORAIN,OHIO TO PERMIT WEST ROOFING SYSTEMS, INC. TO PERFORM ROOF REPLACEMENT, REPAIR AND RE-COATING AT THE BLACKRIVER WWTP FACILITY THROUGH THE STATE OF OHIO COOPERATIVE PURCHASING PROGRAM WITHOUT BID PURSUANT TO THE OHIO REVISED CODE SECTION 735.053, AND DECLARING AN EMERGENCY.

WHEREAS, the areas of roof listed herein (Section II, exhibit A) are in severe disrepair: and

WHEREAS, an immediate need exists for the replacement, repair, and re-coating of said areas: and WHEREAS, Ohio Revised Code Section 735.053 provides that contracts for equipment, services, materials, or supplies to be purchased under Section 125.04 of the Ohio Revised Code (“State Purchasing”) do not require competitive bids to be advertised for and obtained.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LORAIN, OHIO:

SECTION I: The Director of Public Safety/Service of the City of Lorain, Ohio is hereby authorized to enter into a contract with West Roofing Systems, Inc. to perform roof replacement, repair and re-coating at the Black River WWTP Facilityin accordance with the proposal marked Exhibit A, attached hereto and made a part hereof by reference..

SECTION II. That the cost of this roof replacement, repair and re-coating shall be takenfrom Account No. 6130.P613.6310.6700.1500 (Facility Improvement) in the amount of $175,316.00.

SECTION III: That it is found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council; and that all deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements, including Ohio Revised Code 121.22.

SECTION IV: That this Ordinance is hereby declared to be an emergency, the nature of which is the need to procure these services at current State Contract No. 800057contractpricing, set to expire on June 30, 2015, as the subject roof is in serious disrepair and in need of replacement. Therefore, this ordinance shall take effect immediately upon its passage and approval by the Mayor, providing it receives the statutory requirements for passage, otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

PASSED:_____________________, 2015 ____________________________PRESIDENT OF COUNCIL

ATTESTED: __________________, 2015 __________________________ CLERK OF COUNCIL

APPROVED: _________________, 2015 ___________________________ MAYOR

CITY OF LORAIN

City Council Regular Meeting 9. f. Meeting Date: 05/04/2015 Submitted by: Michele Beko

AGENDA ITEM DESCRIPTION OR LEGISLATION TITLE:AN ORDINANCE TRANSFERRING FUNDS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THECITY OF LORAIN, STATE OF OHIO AS PASSED BY ORDINANCE #38-15 BEGINNING JANUARY 1, 2015AND ENDING DECEMBER 31, 2015 AND DECLARING AN EMERGENCY

PURPOSE AND BACKGROUND:TRANSFER OF FUNDS FOR PAYMENT OF CITY OBLIGATIONS

RECOMMENDATION TO COUNCIL:RECOMMENDED FOR PASSAGE

Fiscal Impact

Funds Available in Current Year Budget (Y/N): YEstimated Cost : 40000Estimated Completion Date: 5.4.2015List Source of Funding: BRWWTP ACCTFund & Expense Account Number: BRWWTP ACCTFinancing Requirements (Bonds, Loans, Lease, etc.):

AttachmentsORDINANCEATTACHMENT

Form ReviewInbox Reviewed By DateAuditor Ron Mantini 04/29/2015 04:18 PMLegal Patrick Riley 04/30/2015 10:02 AMForm Started By: Michele Beko Started On: 04/28/2015 01:39 PMFinal Approval Date: 04/30/2015

ORDINANCE NO. ___________

AN ORDINANCE TRANSFERRING FUNDS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LORAIN, STATE OF OHIO AS PASSED BY ORDINANCE #38-15 BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015 AND DECLARING AN EMERGENCY.


SECTION I. That the following amounts be transferred from the following funds to provide for the current expenses and other expenditures in the City of Lorain, State of Ohio, beginning January 1, 2015 and ending December 31, 2015:

BRWWTP Construction Sewer Construction- Capital Outlay $ 40,000

SECTION II. That the following amounts be transferred to the following funds:

BRWWTP Construction Sewer Construction- Contractual Service $ 40,000

SECTION III. That this Ordinance is passed by virtue of the provisions of Section 5705.40,Ohio Revised Code, all provisions of which have been complied with.

SECTION IV. That it is found and determined that all formal actions relating to the passage of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements, including Section 121.22, Ohio Revised Code.

SECTION V. This ordinance is hereby declared to be an emergency, the nature of which is the

immediate need to provide funding for necessary services and provide for payment to vendors. Therefore, this ordinance shall take effect immediately upon its passage and approval by the Mayor provided it receives the statutory requirements for passage, otherwise it shall take effect and be in force from and after the earliest period allowed by law.

PASSED: ________________________, 2015

________________________________ PRESIDENT OF COUNCIL

ATTEST: ______________________, CLERK ________________________________MAYOR

APPROVED: _____________________, 2015

CITY OF LORAIN

City Council Regular Meeting 9. g. Meeting Date: 05/04/2015 Submitted by: Michele Beko

AGENDA ITEM DESCRIPTION OR LEGISLATION TITLE:AN ORDINANCE APPROPRIATING FUNDS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OFTHE CITY OF LORAIN, STATE OF OHIO AS PASSED BY ORDINANCE #38-15 BEGINNING JANUARY 1,2015 AND ENDING DECEMBER 31, 2015 AND DECLARING AN EMERGENCY

PURPOSE AND BACKGROUND:APPROPRIATION OF FUNDS FOR STREET REPAIRS

RECOMMENDATION TO COUNCIL:RECOMMENDED FOR PASSAGE

Fiscal Impact

Funds Available in Current Year Budget (Y/N): yEstimated Cost : 240815.30Estimated Completion Date: 5.4.2015List Source of Funding: street repair levyFund & Expense Account Number: street contractual servFinancing Requirements (Bonds, Loans, Lease, etc.):

AttachmentsREVISED OrdinanceAttachment

Form ReviewInbox Reviewed By DateAuditor Ron Mantini 04/29/2015 04:14 PMAuditor Ron Mantini 04/30/2015 01:48 PMLegal Patrick Riley 04/30/2015 02:25 PMForm Started By: Michele Beko Started On: 04/28/2015 01:28 PMFinal Approval Date: 04/30/2015

ORDINANCE NO. ___________

AN ORDINANCE APPROPRIATING FUNDS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF LORAIN, STATE OF OHIO AS PASSED BY ORDINANCE #38-15 BEGINNING JANUARY 1, 2015 AND ENDING DECEMBER 31, 2015 AND DECLARING AN EMERGENCY.


SECTION I. That the following amounts be appropriated from the following funds to provide for the current expenses and other expenditures in the City of Lorain, State of Ohio, beginning January 1, 2015 and ending December 31, 2015.

Street Repair Levy Fund Fund Balance $240,815.30

SECTION II. That the following amounts be appropriated to the following funds:

Street Fund Street Repair Levy Contractual Service $240,815.30

SECTION III. That this Ordinance is passed by virtue of the provisions of Section 5705.40,Ohio Revised Code, all provisions of which have been complied with.

SECTION IV. That it is found and determined that all formal actions relating to the passage of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements, including Section 121.22, Ohio Revised Code.

SECTION V. This ordinance is hereby declared to be an emergency, the nature of which is the

immediate need to provide funding for necessary services and provide for payment to vendors. Therefore, this ordinance shall take effect immediately upon its passage and approval by the Mayor provided it receives the statutory requirements for passage, otherwise it shall take effect and be in force from and after the earliest period allowed by law.

PASSED: ________________________, 2015 ________________________________

PRESIDENT OF COUNCIL ATTEST: ______________________, CLERK ________________________________

MAYOR APPROVED: _____________________, 2015

lorain city council agendadestinyhosted.com/loraidocs/2015/ccreg/20150504_13/... · 5/4/2015 ·...

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