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Council Minutes of 10/17/89 -2- <br />8) On October 12th, suggested a breakdown of the .$1,500,000 Facility Plan, <br />Step III Fund, from Finance Director, which would be helpful to the Law <br />Director and Service Director when they go to Columbus; it has not been re- <br />ceived as yet. <br />9) Finance Committee Meeting was held last week at which time Budget and <br />Management Director presented some immediate needs for an ordinance; believes <br />this was discussed this evening in caucus. <br />10) Received an invoice from ODOT in the amount of $15,411.77 representing <br />the settlement of cost and expenses for the loop relocation of water line on <br />Old Columbia Road. In reviewing city records, just found today that it in- <br />dicates the billing was first submitted for payment in February of 1985; <br />second request to Finance Director was made in May of 1985. This money has <br />not been appropriated so council will have to do so. <br />Law Director Gareau reported: 1) This past week, was prepared to go to a <br />Civil Service Hearing on the Butera Case. One member of the Civil Service <br />Commission was absent and therefore Law Director and Mr. Butera's attorney <br />agreed not to go forward without the entire commission in attendance. A <br />new hearing. was set for October 23rd but because of some indictments by the <br />Grand Jury, a request has been made to continue that. Assuming the Civil <br />Service Commission agrees, the hearing scheduled for October 23rd will be <br />postponed. <br />2) With respect to the matter dealing with the EPA, Law Director had previously <br />informed council as to what was happening with respect to the city's permit <br />application - city had objected to certain conditions being placed on its <br />permit, namely the heavy metals limits. When this permit was issued last Fall, <br />city appealed it to the Environmental Board of Review and as that appeal pro- <br />ceeded through the process, the city attempted to find some middle ground and <br />to have alternative justification established. In other words, city would be <br />permitted to conduct a study and come up with alternatives to what the EPA <br />had come up with and monitoring would be accomplished to show that, in fact, <br />the city could justify a different amount of heavy metals being injected into <br />Rocky River, through the Sewage Treatment Plant, after the sewage was treated. <br />An agreement was reached with EPA in July of 1989; paperwork was to come <br />through in August but was not received until September - the same day the city <br />was hit with the tap-in ban. City was given six days to correct a problem <br />that has existed for many, many years; to some degree, from an engineering <br />standpoint, the city is not even sure what all the ramifications are and what <br />the problems are. City requested a meeting with EPA and will be in Columbus <br />on Thursday to try to resolve the problems - not just the tap-in ban but <br />all the other problems. As a result of the tap-in ban, Law Director Gareau <br />ruled the it would be inappropriate for the city to issue any new permits. <br />3) Bryan Case hearing in Common Pleas Court, scheduled this past week, has been <br />continued because property owner indicated a permit would be taken out and <br />the part already constructed on the garage would be demolished. Law Director <br />spoke with Building Department today and a permit has, in fact, been issued. <br />Will continue monitoring until the end of October and if the work is not <br />accomplished, will go back into court and ask that Mr. Bryan be arrested and <br />found in contempt of court. <br />Finance Director Boyle reported: 1) Last Tuesday, had a meeting with Squire, <br />Sanders and Dempsey, URS Dalton, Law Director, administration, etc. on .the <br />Wastewater Treatment Plant. One of the subjects discussed was the Step III Fund - <br />what was in it, the amount of money and the breakdown of it. Mr. Larson of <br />Squire, Sanders and Dempsey and Finance Director were to confer on that - define <br />it, go through the note and bond legislation, determine what was borrowed and <br />for what purpose. Finance Director was to go back through the records starting <br />I <br />