City of Aurora, Ohio CITY COUNCIL MEETING MINUTES August 9, 2010

City of Aurora, Ohio CITY COUNCIL MEETING MINUTES August 9, 2010 The Council of the City of Aurora, Ohio met in Council Chambers at City Hall on Monday, August 9, 2010 for the purpose of holding a regular public meeting. Council President James Fisher called the meeting to order at 7:05 p.m. with the Pledge to the Flag of the United States of America. ROLL CALL Present: Thomas Dreher James Fisher Robert Galaska, Jr. George Horvat Joseph Kastelic Dennis Kovach John Kudley, Jr. Carl Rausch James Vaca Also Present: Mayor Lynn McGill Alan Shorr, Law Director Robert Paul, Finance Director John Trew, Director of Public Services Richard Wehrenberg, Planning, Zoning & Building Director Seth Riewaldt, Police Chief David Barnes, Fire Chief Tracy Humbert, Clerk of Council Donna Hawks, Deputy Clerk of Council Consideration of Minutes MOTION: Approval of the July 26, 2010 Meeting minutes Mr. Vaca moved; Mr. Kastelic seconded. The motion carried on an 8-0-1 roll call vote. Mr. Vaca ABSTAIN: Mr. Dreher, Mr. Galaska, Mr. Horvat, Mr. Kastelic, Mr. Kovach, Mr. Kudley, Mr. Rausch, None Mr. Fisher Mayor s Report (attached) Law Director s Report (attached) Council President s Report (attached) MOTION: To amend the agenda to add Ord. 2010-112 thru Ord. 2010-119 Mr. Vaca moved; Mr. Kovach seconded. The motion carried on a unanimous voice vote. Citizens Comments Legislation Mr. George Mazzaro, Eldridge Road, commented on Ord. 2010-099. He asked what line account the $112,000 is being transferred from. Ord. 2010-109 he stated that he does not support the proposed change and questioned what it would mean in tax dollars. Ord. 2010-110 he stated that he

City of Aurora, Ohio Page 2 08/09/10 City Council Minutes appreciates the vacancy being filled. He suggested that Council should have appointed someone while the Mayor was recovering from his surgery. Ord. 2010-112 he asked what line account the funds would be coming from. Ord. 2010-113 he asked what line account the funds would be coming from. Ord. 2010-114 he stated that he hopes Council will retain the current provider. Ord. 2010-117 he asked what line account the funds would be coming from. Ord. 2010-118 he asked what line account the funds would be coming from. Ord. 2010-119 he asked what line account the funds would be coming from. Mr. Christopher Rapsik, Sherwood Drive, commented on Ord. 2010-112, Ord. 2010-113, Ord. 2010-117, and Ord. 2010-118. He asked if any Federal stimulus funds are being used on these projects. Mayor McGill stated that each project is being funded by the City. Councilman Remarks Legislation Mr. Kastelic stated that he would like to allocate $65,000 of the funds being transferred in Ord. 2010-099 to be used to install a sprinkler system at the Aurora Community Theater. This issue was addressed at the end of the meeting agenda under Councilman & Committee Remarks Legislation Ordinance 2010-098 AN ORDINANCE APPROVING AND ADOPTING THE CURRENT REPLACEMENT PAGES OF THE AURORA CODIFIED ORDINANCES AS PREPARED BY THE WALTER H. DRANE COMPANY AND VERIFIED BY THE CLERK OF COUNCIL, AND DECLARING AN EMERGENCY IN ORDER TO COMPLY WITH CURRENT STATE LAW To third reading Ordinance 2010-099 AN ORDINANCE TRANSFERRING ($256,000.00) AND ($112,000.00) FROM THE CAPITAL IMPROVEMENT FUND TO THE BUILDING AND GROUNDS FUND Mr. Kastelic moved; Mr. Vaca seconded. The motion carried on a unanimous voice vote. Mr. George Mazzaro, Eldridge Road, asked what line account the $112,000 would be transferred from. Mr. Galaska asked what line account the $112,000 would be transferred from. Mr. Paul stated that the transfer will be from the Capital Improvement Fund. Mayor McGill stated that it is account number 6000. Mr. Galaska requested that all future legislation transferring funds include the line account information. MOTION: To adopt Ordinance 2010-099 Mr. Vaca moved; Mr. Kastelic seconded. The motion carried on a 9-0 roll call vote. Ordinance 2010-101 AN ORDINANCE TERMINATING, BY CORPORATE REQUEST, THE ENTERPRISE ZONE AGREEMENT WITH TCP, INC. WHICH WAS AUTHORIZED BY ORDINANCE 2005-219

City of Aurora, Ohio Page 3 08/09/10 City Council Minutes To third reading Ordinance 2010-102 AN ORDINANCE TERMINATING, BY CORPORATE REQUEST, THE ENTERPRISE ZONE AGREEMENT WITH FILMCO, INC. WHICH WAS AUTHORIZED BY ORDINANCE 2002-210 To third reading Ordinance 2010-108 AN ORDINANCE AMENDING CHAPTER 751 "SOLICITING" OF AURORA CODIFIED ORDINANCES To second reading Ordinance 2010-109 AN ORDINANCE AMENDING SECTION 187.08 "OPERATING LOSS CARRY-FORWARD" OF AURORA CODIFIED ORDINANCES AND DECLARING AN EMERGENCY TO INCORPORATE THE CHANGE INTO THE 2010 TAX COMPLIANCE INFORMATION To second reading Ordinance 2010-110 A RESOLUTION CONFIRMING THE MAYOR=S APPOINTMENT OF MS. DOROTHY CHANNEL TO AURORA=S CIVIL SERVICE COMMISSION, REPLACING FRITZ MAYER, FOR THE TERM ENDING DECEMBER 31, 2010, AND DECLARING AN EMERGENCY AS COUNCIL WISHES TO CONFIRM THIS APPOINTMENT AT THE EARLIEST POSSIBLE OPPORTUNITY TO ENSURE THE CONTINUITY OF THE CIVIL SERVICE COMMISSION IN ACCORDANCE WITH THE CHARTER OF THE CITY OF AURORA Mr. Galaska moved; Mr. Kastelic seconded. The motion carried on a unanimous voice vote. MOTION: To adopt Ordinance 2010-110 Mr. Galaska moved; Mr. Kovach seconded. The motion carried on a 9-0 roll call vote. Ordinance 2010-111 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDMENT TO THE LEASE AGREEMENT WITH THE AURORA LIBRARY TRUST, SUBSTANTIALLY IN THE FORM ATTACHED HERETO Mr. Vaca moved; Mr. Kastelic seconded. The motion carried on a unanimous voice vote. Mr. Shorr summarized the proposed changes to the lease agreement. Mr. Dreher asked if the amount will be pro-rated. Mr. Shorr stated that the amount will be established by an estimate of the fair market value of the improvements at the time of termination.

City of Aurora, Ohio Page 4 08/09/10 City Council Minutes MOTION: To adopt Ordinance 2010-111 Mr. Vaca moved; Mr. Rausch seconded. The motion carried on a 9-0 roll call vote. Ordinance 2010-112 AN ORDINANCE SELECTING THE BID OF AND AWARDING A ONE YEAR CONTRACT TO TALLMADGE ASPHALT FOR THE 2010 ASPHALT ROAD PAVING PROGRAM, AS THE BEST BID, IN AN AMOUNT NOT TO EXCEED ($338,081.54), REJECTING ALL OTHER BIDS, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH TALLMADGE ASPHALT FOR THE 2010 ASPHALT ROAD PAVING PROGRAM, TAKING THE NECESSARY FUNDS FROM THE ROAD FUNDS AND DECLARING AN EMERGENCY TO COMMENCE WORK TIMELY DURING THE CONSTRUCTION SEASON Mr. Galaska moved; Mr. Vaca seconded. The motion carried on a unanimous voice vote. MOTION: To adopt Ordinance 2010-112 Mr. Galaska moved; Mr. Vaca seconded. The motion carried on a 9-0 roll call vote. Ordinance 2010-113 AN ORDINANCE SELECTING THE BID OF AND AWARDING A CONTRACT TO PERRIN ASPHALT FOR THE PAVING OF KIMBERLY DRIVE, AS THE BEST BID, REJECTING ALL OTHER BIDS, INCLUDING ALL BIDS SUBMITTED FOR LAKE AVENUE, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH PERRIN ASPHALT FOR THE PAVING OF KIMBERLY DRIVE IN THE AMOUNT OF ($47,098.92), APPROPRIATING THE NECESSARY FUNDS FROM THE ROAD FUNDS AND DECLARING AN EMERGENCY TO COMMENCE WORK TIMELY DURING THE CONSTRUCTION SEASON Mr. Galaska moved; Mr. Kastelic seconded. The motion carried on a unanimous voice vote. Mr. Mazzaro asked what line account the funds are coming out of. Mr. Paul stated that the funds would be coming from the City Operations Fund. MOTION: To adopt Ordinance 2010-113 Mr. Galaska moved; Mr. Fisher seconded. The motion carried on a 9-0 roll call vote. Ordinance 2010-114 AN ORDINANCE ACCEPTING THE QUOTE SUBMITTED BY BUSINESS ADMINISTRATORS AND CONSULTANTS (BAC), MEDICAL MUTUAL AND UNIAMERICA THROUGH HERBRUCK ALDER AS

City of Aurora, Ohio Page 5 08/09/10 City Council Minutes THE BEST QUOTE FOR THE ADMINISTRATION OF A SELF-FUNDED MEDICAL, DENTAL AND PRESCRIPTION INSURANCE PROGRAM FOR CITY OF AURORA EMPLOYEES FOR THE TIME PERIOD SEPTEMBER 1, 2010 THRU AUGUST 31, 2011, AUTHORIZING THE MAYOR TO ENTER INTO CONTRACTS WITH THOSE COMPANIES IN THE MAXIMUM AMOUNT OF ($2,170,182) FOR THE FISCAL YEAR 2011 BASED UPON SELF INSURANCE IN THE AMOUNT OF ($50,000) PER COVERED INDIVIDUAL WITH A TOTAL ANNUAL FIXED COST OF ($399,724) AND FURTHER BASED UPON A TOTAL OF 119 EMPLOYEES WITH ANY PRO-RATA CHANGES TO BE REFLECTED ACCORDINGLY, AND DECLARING AN EMERGENCY, AS THE CURRENT CONTRACT EXPIRES AUGUST 31, 2010 Mr. Fisher stated that the Finance Committee heard presentations from Herbruck Alder and Chapman & Chapman earlier this evening; and that the Committee recommended the proposal from Herbruck Alder. MOTION: To discuss Ordinance 2010-114 Mr. Dreher moved; Mr. Vaca seconded. The motion carried on a unanimous voice vote. Mr. Galaska stated that he would like to see the meat and potatoes of the proposal; including costs for family coverage, single coverage, and the dental coverage. He stated that he has heard concerns from some of the employees. Mr. Paul stated the costs and the trends for claim experience over the past seven years was included in the Herbruck Alder handouts. Mr. Shorr stated that the coverage to the employees has not changed; it is the same plan. He added that only the cost to the City is being considered. Mr. Rausch stated that he understands the numbers and the recommendation from the Mayor and the Finance Committee. However, he stated that he does not understand how the numbers are what they are and is having difficulty believing the numbers as listed. He stated that in terms of fixed costs to the City it appears the Chapman & Chapman proposal is less; but Herbruck Alder is less in terms of expected and maximum costs to the City. He stated that he understands the fixed costs but the remainder is based on projections. Mr. Fisher stated that he is interested in the 10% discount projected by Chapman & Chapman because the City would deal directly with Medical Mutual. However, he stated that he cannot find that 10% in any of the proposed costs. Mr. Paul stated that the Administration looks at the maximum cost to the City. He stated that the Herbruck Alder proposal is approximately $53,000 lower. He explained and compared some of the estimated and actuarial numbers in both proposals. Mr. Walter Chapman of Chapman & Chapman responded to Mr. Paul s comments; answered Council s questions; and reviewed his proposal including the 10% discount. Mr. Dreher asked where the proposed 10% discount savings are reflected in the handouts. He challenged some of the comments made by Mr. Chapman. Mr. William Morris of Herbruck Alder reviewed his proposal for Council and responded to questions. Mr. Kudley asked if the Finance Committee discussed the proposals prior to this evening. Mr. Fisher stated that both proposals were presented at tonight s meeting. Mr. Kudley stated that last year he was a member of the Finance Committee and there was more opportunity for discussion and review. He suggested that another process be used in the future, and added that he feels uncomfortable making a decision tonight. He suggested scheduling a special meeting to give members of Council some additional time to gain more information and to make their decision.

City of Aurora, Ohio Page 6 08/09/10 City Council Minutes Mr. Horvat asked if there are consultants or brokers available to evaluate each of the proposals and report back to the City. Mr. Chapman stated that there are; and added that his firm does it periodically. Mr. Rausch stated that the cost structure of the proposals should be evaluated. He reviewed the hard costs with projected costs and stated that his intuition tells him to go with Chapman & Chapman. Mr. Kovach stated that he does not think that the City will ever get a true cost to base a decision on. He stated he is basing his decision on the hard costs, not projected discount figures. He stated that he supports making a decision tonight. Mr. Kudley stated that he supports hiring a third party to evaluate the numbers. Mr. Fisher stated that because the numbers are so close his final decision will take other criteria and variables into consideration. Mr. Kastelic moved; Mr. Kovach seconded. The motion was defeated on a 5-4 roll call vote. Mr. Dreher, Mr. Fisher, Mr. Kastelic, Mr. Kovach, Mr. Vaca Mr. Galaska, Mr. Horvat, Mr. Kudley, Mr. Rausch The following actions took place at the end of the legislative portion of the agenda but are included here for clarity. There was an unsuccessful attempt to schedule a special meeting. Mr. Kastelic asked what would change between now and the time of a scheduled special meeting. He suggested that Council reconsider suspension of the rules if the numbers are not going to change. MOTION: To reconsider suspension of the rules on Ordinance 2010-114 Mr. Galaska moved; Mr. Kastelic seconded. The motion carried on a 6-3 roll call vote. Mr. Dreher, Mr. Fisher, Mr. Galaska, Mr. Kastelic, Mr. Kovach, Mr. Vaca Mr. Horvat, Mr. Kudley, Mr. Rausch Mr. Galaska moved; Mr. Kovach seconded. The motion carried on a 6-3 roll call vote. Mr. Dreher, Mr. Fisher, Mr. Galaska, Mr. Kastelic, Mr. Kovach, Mr. Vaca Mr. Horvat, Mr. Kudley, Mr. Rausch MOTION: To adopt Ordinance 2010-114 Mr. Galaska moved; Mr. Kovach seconded. The motion carried on a 6-3 roll call vote. Mr. Dreher, Mr. Fisher, Mr. Galaska, Mr. Kastelic, Mr. Kovach, Mr. Vaca Mr. Horvat, Mr. Kudley, Mr. Rausch Ordinance 2010-115 AN ORDINANCE ACCEPTING THE CONTRACT WITH VSP (VISION SERVICE PLAN) FOR AN EMPLOYEE VISION PROGRAM FOR CITY OF AURORA EMPLOYEES FOR THE TIME PERIOD SEPTEMBER 1, 2010 THRU AUGUST 31, 2011, AUTHORIZING THE MAYOR AND FINANCE

City of Aurora, Ohio Page 7 08/09/10 City Council Minutes DIRECTOR TO ACCEPT THE CONTRACT WITH VSP FOR THE ADMINISTRATION AND FUNDING OF THIS PROGRAM, AND DECLARING AN EMERGENCY AS THE CURRENT CONTRACT EXPIRES AUGUST 31, 2010 Mr. Kastelic moved; Mr. Kovach seconded. The motion carried on a unanimous voice vote. MOTION: To adopt Ordinance 2010-115 Mr. Kastelic moved; Mr. Kovach seconded. The motion carried on a 9-0 roll call vote. Ordinance 2010-116 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH MUTUAL OF OMAHA FOR THE EMPLOYEE LIFE AND DISABILITY INSURANCE PROGRAM FOR CITY OF AURORA EMPLOYEES FOR THE TIME PERIOD OF SEPTEMBER 1, 2010 THRU AUGUST 31, 2011 AND DECLARING AN EMERGENCY AS THE CURRENT CONTRACT EXPIRES AUGUST 31, 2010 Mr. Kastelic moved; Mr. Kovach seconded. The motion carried on a unanimous voice vote. MOTION: To adopt Ordinance 2010-116 Mr. Vaca moved; Mr. Kovach seconded. The motion carried on a 9-0 roll call vote. Ordinance 2010-117 AN ORDINANCE ACCEPTING THE PROPOSAL OF, AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH, UNITED SURVEY INC. IN THE AMOUNT OF ($16,197.00) TO MAKE NECESSARY REPAIRS TO THE SEWER LINE ON STATE ROUTE 82 AT THE CHAGRIN RIVER BRIDGE, TAKING THE NECESSARY FUNDS FROM THE SEWER CAPITAL FUND AND DECLARING AN EMERGENCY Mr. Vaca moved; Mr. Galaska seconded. The motion carried on a unanimous voice vote. Mr. Mazzaro asked what line account the funds will come from. He stated that he will ask the same question for Ord. 2010-118 and Ord. 2010-119. MOTION: To adopt Ordinance 2010-117 Mr. Galaska moved; Mr. Kovach seconded. The motion carried on a 9-0 roll call vote.

City of Aurora, Ohio Page 8 08/09/10 City Council Minutes Ordinance 2010-118 AN ORDINANCE ACCEPTING THE PROPOSAL OF, AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH, PROTECTOPLAS COMPANY IN THE AMOUNT OF ($5,146.00) TO PURCHASE A NEW FERROUS CHLORIDE TANK FOR THE CENTRAL WASTEWATER FACILITY, TAKING THE NECESSARY FUNDS FROM THE SEWER CAPITAL FUND AND DECLARING AN EMERGENCY Mr. Kastelic moved; Mr. Kovach seconded. The motion carried on a unanimous voice vote. Mr. Mazzaro asked what line account the funds will come from. Mr. Trew stated that the funds are coming from account line 7300-7253. MOTION: To adopt Ordinance 2010-118 Mr. Vaca moved; Mr. Kovach seconded. The motion carried on a 9-0 roll call vote. Ordinance 2010-119 AN ORDINANCE ACCEPTING THE PROPOSAL OF, AND AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH, OHIO STATE WATERPROOFING IN THE AMOUNT OF ($7,580.00) TO COMPLETE FOUNDATION REPAIRS AT THE AURORA LIBRARY BUILDING, TAKING THE NECESSARY FUNDS FROM THE BUILDING MAINTENANCE FUND AND DECLARING AN EMERGENCY Mr. Kastelic moved; Mr. Kovach seconded. The motion carried on a unanimous voice vote. Mr. Mazzaro asked what line account the funds will come from. MOTION: To adopt Ordinance 2010-119 Mr. Kudley moved; Mr. Kovach seconded. The motion carried on a 9-0 roll call vote. ADDITIONAL LEGISLATIVE MATTERS Mr. Kastelic made the following motion regarding installation of a sprinkler system at the Aurora Memorial Library building. MOTION: To allocate up to $65,000 to install a sprinkler system at the Aurora Community Theater and to request that Planning, Zoning & Building Department Director Wehrenberg obtain quotations Mr. Kastelic moved; Mr. Rausch seconded. The motion carried on a 9-0 roll call vote.

City of Aurora, Ohio Page 9 08/09/10 City Council Minutes Citizen Comments General Mr. Christopher Rapsik, Sherwood Drive, commented on Ord. 2009-138 regarding the E. Mennonite Road and Sunny Lake Park Sanitary Sewer Pump Station project. He stated that the City has currently spent $118,677.59 for restrooms at Sunny Lake Park that do not work. He stated that according to the contract the project should have been completed by May 1, 2010. He asked if there has been correspondence between City officials and the contractor between May 1, 2010 and July 1, 2010. He asked why the toilets are not operable; how much the portable toilets cost; and who is paying for them. Mr. Trew stated that he had a meeting with the contractor last week. He stated that the pumps have not failed; instead there is an obstruction in the line and four fittings have failed. He stated that the City will force the contractor to come back an open the trench and replace the product. He stated Law Director Shorr may have to become involved. Mr. Trew stated that the majority of the telephone correspondence would have been handled by Inspector Craig Novak. Mr. Trew added that the City would bill the contractor for the price of the portable toilets. Mr. Fisher asked Mr. Trew to give Council an update at the next Council meeting. Mr. George Mazzaro, Eldridge Road, stated that the entire cost for the Fireworks was in excess of $46,000. He commented on the use of a vindictive hit list and intimidation by Mayor McGill. He distributed a copy of an email from Mayor McGill to Alan Shorr as an example. Councilman & Committee Remarks Mr. Vaca thanked the Police Department for enforcing the truck traffic in his neighborhood. He asked for additional patrolling at Liz Strahan Park after dark. Mr. Galaska thanked the Police & Fire Departments for supporting a local Cancer run. He reminded Council and the Administration of the scheduled Preservation Study Presentation by Larry Sulzer. Mr. Horvat asked Fire Chief Barnes for additional information on outside burning. Chief Barnes explained the ordinance and enforcement. Mr. Kovach thanked the Fire Department for attending the recent Night Against Crime event. Mr. Dreher asked Mr. Trew to investigate erosion and a temporary fix on Kimberly Drive. Liquor Permit for Brisco LLC dba Subtle There were no objections. ADJOURNMENT MOTION: To adjourn Mr. Rausch moved; Mr. Kovach seconded. The motion carried on a 9-0 roll call vote. The meeting was adjourned at 9:55 p.m. James Fisher, Council President Tracy Humbert, Clerk of Council