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Local News

Attorney urges clients not to sign CRA release

Saturday, February 13th, 2010

LORAIN — Some residents began signing on the dotted line in order to get refunds mandated by a county court’s decision to settle the controversy between the county and the city over abatements given to residents in the city’s community re-investment areas.

But an Elyria attorney representing more than 110 CRA residents is accusing the city of misleading residents and is telling his clients not to sign because of a case that is pending in the state’s high court.

“I’ve put (Lorain) on notice that because of the misleading way it sent these letters out to these property owners, and because they sent them directly to property owners when they … should have sent the letter to me,” Elyria attorney Eric Zagrans said. “We consider it null and void because of the confusion that it caused and because of them doing an end run around me.”

The refunds, averaging about $400 to $500, are for abatement application fees, based on square footage, paid by residents living in CRAs located downtown and on the city’s west side. The CRAs had given people a 15-year, 100-percent abatement in exchange for building in the designated areas.

But County Auditor Mark Stewart objected to the abatement in 2006 when the city made the tax abatements retroactive to 2000, prompting at least two years of legal battles.

An agreement between Lorain Mayor Tony Krasienko and Stewart that was recently approved by a county judge ordered the application fees refunded.

Representatives from the city’s Community Development Department and the city Auditor’s Office have scheduled time to meet with Lorain residents through next week so residents can sign the order, which states they agree with the court’s decision.

Geoffrey Smith, assistant law director in Lorain, said the consent order must be signed by residents in order to get the refund.

“We want an end to the litigation,” Smith said.

But Zagrans says the fight will be resolved by the state’s high court, and that any resident who signs the consent order will “absolutely” be giving up their rights in the Ohio Supreme Court case.

The “overwhelming majority” of Zagrans’ clients built their homes before 2006, which means that under the agreement between the city and Stewart’s office those homeowners would receive a one-year full abatement. Zagrans wants those homeowners to get the full abatement.

“It’s a crime what’s being done to these people,” he said. “The city was fully supporting the right of these 355 properties to get the full 15-year, 100 percent abatement all along up until now. Now they’ve entered into a settlement and they’re trying to lure people into a different position, a contrary position, and that’s wrong.

“The case that we are bringing to get that tax abatement for everyone is in the Ohio Supreme Court and it involves the county auditor as the responding party and the city is not a party to that case.”

Some residents who lost their abatements as part of the settlement were irritated Friday as they showed up at City Hall to sign paperwork so they could get the refund.

Jim Gocek who lives in Morningside, a 55-and-older community on the city’s west side, called the form “blackmail.”

Gocek, 68, said the whole process has created an atmosphere of mistrust between residents who built or bought in a CRA and the city.

“We’re all very mistrustful of Council and the city,” he said. “We want it done and over with … We’re not going to sue the city, but it’s hurt the trust. It has led to feelings of mistrust and irritation.”

Residents can continue to meet with city officials about their refunds 10 a.m. to 9 p.m. Monday through Thursday in Council chambers at City Hall.

Contact Alicia Castelli at 329-7144 or acastelli@chroniclet.com.

Developer still seeking agreement to keep Ridgeville sports park

Saturday, February 13th, 2010

ELYRIA — Following closed-door discussions Friday, Ohio Sports Park developer Larry Vassil and his creditors emerged without resolving problems with financing and unpaid bills at the 67-acre, $3.6 million North Ridgeville sports complex.

Friday’s receivership hearing to determine whether the facility will continue to be operated by Vassil or someone named by Lorain County Common Pleas Judge Edward Zaleski was continued to Friday.

While obviously disappointed, that an agreement wasn’t reached, Vassil said he continues to try and find additional financing to sustain the park.

“I haven’t lost one investor. Nobody has backed away from this. Yes, we’re struggling to fund it, but it hasn’t been for lack of trying,” he said.

Vassil said he has sought loans with area banks and other agencies without success. After initially getting favorable responses about loans, Vassil was later told that lending requirements changed due to the poor economy.

“We can make the payments (on loans) if we can just get financing,” he said.

North Ridgeville Law Director Andrew Crites declined to comment about specifics of the session.

“We’re still trying to come to a resolution that’s good for everyone,” Crites said. “This is about a project that’s good for the city.”

Ohio Sports Park is contending with a $540,000 lawsuit filed by an Eastlake company that supplied lights, poles and other equipment. Vassil is also grappling with suits filed by an electrical supply company, and Don Mould’s Plantation, a North Ridgeville firm that is owed nearly $475,000 for landscaping work.

The complex also faced legal troubles with the nearby Aut-O-Rama Drive-In Theatre over its nighttime lighting for games.

The park is booking tournaments for next summer including a Cleveland Police Athletic League event and has drawn interest from organizers of a football tournament consisting of 5,000 players.

Contact Steve Fogarty at 329-7146 or sfogarty@chroniclet.com.

Lorain County Ironmen to take the field at Pipe Yard this summer

Friday, February 12th, 2010

LORAIN — The Lorain County Ironmen will play ball this summer at Lorain’s Pipe Yard.

The newest addition to the Prospect League was announced at press conference this afternoon at Lorain City Hall.

Area residents voted by mail and e-mail, selecting Lorain County Ironmen over a host of other choices, including the Lorain Internationals, the Black River Barons, the Lorain County Steelmen, the Lake Erie Anglers and the Black River Raiders.

The Ironmen have not released their logo but said their Web site, which is not yet online, will be www.lcironmen.com. Their schedule has not been released either, but will go from the first week of June through the last week of August and consist of 28 home games and 28 away games.

Jerry Brove, who voted for the name Lorain County Ironmen, was the randomly selected winner of two season tickets to watch the Ironmen play.

Ticket prices for Ironmen games will be $5 for adults, $4 for seniors and $3 for children 12 and under. For a limited time, season tickets are available for $99.

According to the Prospect League Web site, the league is one of ten summer collegiate baseball leagues affiliated with the National Association of Summer Collegiate Baseball.

A news release on the site dated Dec. 3, announces three other expansion teams, which took the league from 11 to 14 members.

Other Prospect League teams include the DeKalb County (Ill.) Liners, DuPage (Ill.) Dragons, Hannibal (Mo.) Cavemen, Quincy (Ill.) Gems, Springfield (Ill.) Sliders, Danville (Ill.) Dans, Dubois County (Ind.) Bombers, Nashville Outlaws, Richmond (Ind.) RiverRats, Terre Haute (Ind.) Rex, Butler (Pa.) BlueSox, Chillicothe (Ohio) Paints, Slippery Rock (Pa.) Sliders and the West Virginia Miners.

Read Saturday’s Chronicle for more on this story.

Teen waives hearing, will be tried as adult in North Ridgeville murder case

Friday, February 12th, 2010
Daniel Kovarbasich, 16, is comforted by his dad, Terry, today in court. (CT photo by Bruce Bishop.)

Daniel Kovarbasich, 16, is comforted by his dad, Terry, above, and his mother, below, today in court. (CT photos by Bruce Bishop.)

ELYRIA — A 16-year-old North Ridgeville boy accused of murder in the stabbing death of a family friend agreed Friday to have his case moved to adult court.

Daniel Kovarbasich waived a hearing before Lorain County Juvenile Judge David Berta in which prosecutors would have had to convince a judge there was enough evidence to warrant the murder charge. Under Ohio law, 16-year-olds accused of murder are required to be tried as adults.

Daniel is accused of fatally stabbing 55-year-old Duane Hurley on Jan. 22 multiple times with a kitchen knife. His father, Terry Kovarbasich, called 911 as he was driving his son to the hospital after the incident.

In the 911 call, the elder Kovarbasich told a police dispatcher that Hurley was supposed to take Daniel to school that day, but his son called him and said Hurley had attacked him.

After Friday’s hearing, Daniel’s mother, Donna Kovarbasich, shouted toward North Ridgeville police officers and Hurley’s family who were in the hallway.

“You stand by touchers, people who touch other people! Are you proud?” Donna Kovarbasich said through tears.

Michael Stepanik, Daniel’s attorney, said later in the day that Hurley had made an attempt to inappropriately touch his client but wouldn’t say if it took place the day of the killing or beforehand.

North Ridgeville Police Capt. Al Dent said police have heard the allegation of sexual misconduct before, but he wouldn’t say if there was any evidence of that.

“It’s one of many things we’re still looking at,” he said.

Hurley spent 90 days in jail after a 2004 conviction of bribery, falsification and theft in office for taking money from criminals he was supervising while he worked as special services supervisor in Avon Lake. He has no record of sex crimes.

Hurley’s family declined to comment as they left Friday’s hearing.

Terry Kovarbasich called the case against his son “a travesty.”

County Prosecutor Dennis Will said Daniel hasn’t talked to police and his attorneys have yet to discuss the case at length with his office, but he’s willing to look at any evidence that’s put forward.

During Friday’s hearing, Stepanik urged Berta to release his client on personal bond, arguing that Daniel has strong roots in the community and no serious prior criminal record.

“This kid isn’t a problem kid,” he said.

Assistant County Prosecutor Brendan Mackin asked Berta to set bond in the case between $750,000 and $1 million, which he said is typical in murder cases.

Berta set bond at $500,000 and Daniel, who has been in the county Juvenile Detention Home since his arrest a few days after Hurley was killed, was transferred to the county jail later in the day.

As he left the courtroom, his father and mother hugged him.

“I love you,” a sobbing Donna Kovarbasich said as she hugged Daniel. “Stay strong.”

Prosecutors will now present the case against Daniel — two counts each of murder and felonious assault — to a county grand jury.

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

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