01/16/1979 Meeting Minutes - Laserfiche WebLink

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Council Mi.nutes of 1/16/79 _2_ Law Director Gareau reported: 1) regarding the Burkett law suit whfch has to do with the odor at the Sewage Treatmnt Plsnt, Judge Fuerst has ruled that the law suit can go farward as a class action. Thia means that whenever the class is defined, the people within that class ia that particular axea, according to inatructions of the court, will be able to £ile for damages. At least ttey wi].1 be made psrt of the class and if damages are proved thep can presumbly go befare a referee and prcve their damages and be awarded damages. Ttze case xas ruled upon hy Judge Puerst, who in turn had the case spun aff to Judge McMcxnagle, the third judge in this case. Since the time that it has been spun off to Judge MaYAmagle there has been amotion, with which the City concurs, that Jud$a McMc?nagle reconsider the action of Judge Fuerst to determine whether or not it should go forward as a class action. This is basically because Judge Carney initially ru1ed that it coutld noC go forward as a clasa action. We are now seking Judge McMonagle to take a laok at it aad see whether or not he concurs with either one or the other or what he wants to do. It has some sezious implications. As an attorney and as Law l?irector, does not agree that ie should ga forward as a class action. The people wbo are in the clsas contr#bute to the sewage; coasequentiy, they contribute to the odor. At the saae time, any damag8a that would be paid, would be paid by the very people who coatribute t4 the odox becaues Che oaly waq Chat we would pay the dama$es is thzough the Sewer Revenue Fund. Havea'C explored this yet but is doing some research on that aspect. 2) had previously reported to Council on an arbitratian case pending befoxe the American Arbitration Assoc#.ation as a resu3t of the agreemeut with the empIoyees of the 3ervice Department. This had to do with the suepensicra of a re#uBe truck driver for a five day period. The arbitrator hss ezade his award and in effect they upheld the City'a position. They did reduce the five day swtpension to a thxee day suspensian because the City, although suspending the driver far discouxteows treatment to the public, did not at the same tirne, suspead the driver for a work slow-down. The arbitrator found, as a matter of fact, that there was a glaw-down. The arhitrator slso found, as a matter of fact, that the dxiver was discourteaus to the public. It shcauld ba noted that Mr. Corrigan and the Law Airectox diecuseed this prior to the tine that the suspension took place and it was their opinion that they dd not want to solidify positions so they did not charge for the work slow-down. Is happq that the arbitrator faund thet the City was justified. T'here has been some criticism recenL:iy through the media that perhaps Mr. Corrigan was being too ltard-heajded. This showe that he wss not being hard- headed. It shows that the Cftq has exercfied its rights under the contract and has been sustained by the arbitrator which obviousZy will nat be overturned. Safety Director Petre reportedd 1) the new Mako compreesor for the North Olmsted Fire Department has been del.ivered and is currently in the process of being installed this week. 2) the Recreation Department program for the handicapped is grawing. Any handicapped person who would like to participate in this program ahould cantact Mr. Fiebig for additional information. The program and numbers are growing and it is a real delight to see handicapped persons enjaying this activity. Mrs. Saringer, Chairman of Streets and Drainage Committee, reported: 1) comnittee met this evening at 7:15 P.M. and di.scussed Ordinaace No. 79-2 - an ordin;ance accept- ing an easement fram M. Della Ve11a Euildi.ag Companq for storm sewers located in Timber Trai1 Subdivision. Conm3ttee has no objection to this. r2r. Boehmer, Chairman of Tranapartation snd Public Safetq, Health and Welfare Comittees, reported: 1) Transportation Commfttee met Jaauary 15th. Also fn attendaace were Mayor Swietyaiowski, Service Dl.rector Ccrrrigan, Safety Director Petre, Police Chief Tayior, and President af Gouncil LivApert. Compittee discussed the new serv3ce van for the Treatmeat Planx and Canm3.ttee has aa objeCtton to this.