ELYRIA — The elaborate rope rescue of a 51-year-old man who was seriously injured one week ago after falling 25 feet onto a cliff near the Black River has prompted the Elyria fire chief to call for new legislation that would charge victims for their rescues.

On Monday, Fire Chief Rich Benton talked about the Sept. 26 rescue in terms of its monetary cost to the city and used it as an example to illustrate cases that go beyond normal rescues and end up costing the city money. In those cases, he said, the city should move to recover the costs from the at-fault party.

“This case was outside the norm of what a typical response from the Fire Department should be,” Benton said. “He was in a part of the city that is closed after dark, trespassing and getting into a situation that a reasonable citizen would not in the normal course of a day.”

Joseph Hurlbut of Elyria was rescued in a process that took about two hours using ropes and a basket.

“It tied up all of the firefighters for more than two hours and cost more than $2,000 in overtime to cover the stations while they were tied up on this call,” Benton said. “It’s not fair for taxpaying residents to have to pay for this kind of rescue. We have to establish a policy that if you are in the act of breaking the law, you will have to pay the cost of the rescue.”

Hurlbut, who authorities believe was intoxicated, was charged with criminal trespassing.

Benton said he does not think cost recovery should extend to residents who are injured or in need of fire assistance for a motor vehicle accidents or fires, which are covered through their tax dollars, he said. However, he said he would imagine that some costs could be assessed to insurance companies.

Assistant Fire Chief Bob Dempsey said several factors made the rescue of Hurlbut more difficult. It was dark and it was initially hard to find Hurlbut, who had fallen down a hill and broken his leg while walking with a friend on a trail behind the Police Department, near West Avenue and Kerstetter Way, Dempsey said.

Hurlbut fell shortly after 5 a.m. onto the riverbank and became wedged in between some rocks.

“Essentially we needed two different rescue systems and two groups of guys to do the work. It was very labor intensive,” Dempsey said.

An entire shift of 17 firefighters was needed to utilize two different rope and pulley systems. The first rescue involved bringing Hurlbut from the riverbank to the trail he fell from and then a second rescue had to be used to pull him from the trail to Forest Street, where LifeCare was waiting to take him to the hospital.

“It went well given the location of the victim and the conditions of the darkness, but this was a very treacherous area that required a careful and deliberate operation,” Dempsey said.

Elyria Law Director Terry “Pete” Shilling said the city is well within its rights to seek recovery for services rendered. And, although there is nothing on the books now, he said, the idea has come up before.

“The only thing we have tried to go after is recovery from people serving time in jail,” he said. “But it was determined those people couldn’t pay anyway.”

Shilling said the matter likely will be referred to the Finance Committee for further discussion. He said he will research similar legislation in other cities to determine how Elyria should proceed if Council moves in that direction.

“We charge for lot mowing, a service we render when residents do not, so I don’t see how we could not extend that to other areas,” he said. “But whatever is charged has to be reasonable. It cannot be an outrageous penalty.”

The practice of billing for services rendered is not unusual and is gaining popularity nationally as first responders are grappling with tight budgets and decreasing revenue.

But it is not a way for departments to make money or balance budgets, said Mike Rivera, co-founder and chief business development officer for Fire Recovery Inc., a California-based company that bills insurance companies for service rendered by fire departments on behalf of fire departments.

“For over 20 years, fire departments have been billing, and it is nothing new,” he said. “This is not a source of revenue that can be counted on, but merely cost recovery.”

Rivera said almost always, a resident is not billed. Typically, it’s the insurance company of the at-fault driver in a car crash or the property owner in the case of fire.

“I know of very few fire departments that bill actual residents,” he said. “I can’t speak for all companies, but my company is not a collection agency. We look at insurance policies and bill when it’s applicable. The reality is taxes are down and fire departments do not have enough to cover their expenses. They are running in the red, and wouldn’t taxpayers rather have insurance companies pay? And insurance companies pay us 90 percent of the time.”

Shilling said in the event a person does not have insurance, but is facing criminal charges related to their rescue, a judge could award restitution to the city, which could recover the costs.

Contact Lisa Roberson at 329-7121 or lroberson@chroniclet.com.

CT photo by Bruce Bishop

SHEFFIELD TWP. — Clearview High School students were evacuated for several hours this morning after a bomb threat was found on a piece of paper in a girls restroom.

Superintendent Stan Mounts didn’t say what time the note was found but said sheriff’s deputies were called to the school about 9:15 a.m.

Students were put in the Durling Middle School gym and were beginning to return to the high school about 12:45 p.m.

Mounts said the incident was probably just a prank but added “we take it very seriously.”

Read Tuesday’s Chronicle for more on this story.

ELYRIA – The mourning suits, ornate aprons and jeweled collars easily set the group of men apart from the rest of the room Saturday.

Dressed in attire rarely seen in the Elyria High School cafeteria, the men, members of the Grand Lodge of Ohio Free & Accepted Masons and the Elyria Masonic Lodge 787, were at the school to perform a ceremony that is rooted in centuries-old history.

Kevin B. Todd, deputy grand master of the Grand Lodge of Ohio Free & Accepted Masons, uses a square at the laying of the cornerstone at Elyria High School. Chronicle photo by Steve Manheim

When the country was founded, the cornerstone-laying ritual was the first step in constructing a new building. It was the mason’s way of setting the building’s foundation and because all other stones were set in reference to that stone it determined the position of the entire structure.

Saturday, laying the groundwork for the building, which is nearly complete, was not needed. But the members of the Elyria Masonic Lodge have watched from the window of their lodge at Sixth Street and Middle Avenue for nearly two years crews construct the building and wanted to give the new building a proper historic dedication.

“The cornerstone is no longer used per se as the first stone in the building, but doing the ceremony is about tradition,” said Junior Grand Deacon Eric Schau. “It’s about being a part of something that will have a lasting place in the community. Masons have been a part of Elyria since the days of Heman Ely.”

As an Elyria Mason and 1965 graduate of Elyria High School, Schau said he was honored to be asked to be a part of the ceremony.

“Just as the cornerstone symbolizes the strength and support of this beautiful edifice, it also symbolizes the importance this community and this school community places on the future education of the youth in Elyria, providing the very best that can be provided not only in stones and mortar but in materials, equipment and most importantly, staffing,” he said.

Rich Nielson, the district’s director of business services, said the original Washington Building, which was spruced up to blend into the new building, had a cornerstone in the northwest corner and he thought it was fitting for the same to be done with the new building.

However, the ceremony is not just about the history. It also plays back to what is done in the building every day, said Superintendent Paul Rigda.

“The ceremony is somewhat symbolic of what we do,” he said. “The masons are laying a cornerstone of the building, and we believe education is the cornerstone of a community.”

While the Masonic cornerstone ritual is probably the only Masonic ritual, other than a Masonic funeral, that the public will ever see conducted, Masons have played important roles in the school over the years. Schau said there have been former superintendents, principals, administrators, teachers and classified staff who were and are members of the Masonic fraternity.

“We, as Masons, are proud of our civic involvement and will continue to support our schools in any way that we can,” he said.

Contact Lisa Roberson at 329-7121 or lroberson@chroniclet.com.

ELYRIA — Lorain County Commissioner Lori Kokoski’s boyfriend, Ron Massimiani, has been indicted on misdemeanor charges for a March fight in which he allegedly bit the thumb of a man Kokoski used to date.

Kokoski

Kokoski was not charged in connection with the March 24 fight at the Henrietta Township home of Sam Birach.

Massimiani, a former employee of county Engineer Ken Carney, is charged with assault and criminal trespass, according to Oberlin Municipal Court records.

Kokoski, who declined to comment Thursday, previously has said that Massimiani, with whom she has had an on-again, off-again relationship, was at her Lorain home when she received a text message from Birach, whom she dated last year. She also has said she received a string of harassing text messages and emails from Birach since they broke up late last year.

When she showed Massimiani the text message he became angry, Kokoski has said, and went out to his truck. Kokoski, who was wearing slippers and pajamas, went outside to try to calm him down, she has said.

Over her objections, Kokoski has said, Massimiani decided to drive to Birach’s Vermilion Road home to confront him about the messages.

They arrived a little after 11 p.m. and Kokoski has said she stayed in the truck while Massimiani got out and knocked on the door of a screened-in-porch. She has said she saw Massimiani go into the house and then heard arguing, followed by the sounds of a scuffle.

Kokoski has said she went inside to see what was going on and saw Birach on top of Massimiani, punching him.

Kokoski has said she told the pair to stop fighting, but when Massimiani stood up, Birach was still hanging onto him and the two fell over and hit a pedestal table.

She has said she and Massimiani left a few moments later.

Birach called 911 around 1:20 a.m. to report that he had been assaulted and that his thumb was bitten during the struggle. Deputies have said the thumb wasn’t severed, but that the damage was “severe.”

Dan Wightman, Massimiani’s attorney, said his client never planned to attack Birach when he went to the house that night.

“I believe that it was well established that this was not intended to be an assault,” Wightman said. “He went over there in response to a text that Lori received and he felt was inappropriate.”

Wightman also said while Massimiani is relieved not to be facing felony charges in the case, he would have preferred not to have been charged at all.

“He respects the fact that he made mistakes and things got out of hand,” Wightman said.

Mike Duff, Kokoski’s lawyer, said he was pleased the grand jurors who reviewed the case decided she hadn’t broken the law.

“I think the grand jury did the right thing. She did nothing wrong,” Duff said. “She was trying to prevent the whole thing.”

Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.