03/07/1995 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 3/7/95 ~;-„, 1988 and 1989, the city was operating under a permit that was inappropriate because of ~- needed improvements at the plant. The EPA did give the city grants to fix the problems, however, we were still required to maintain the permit limits. It took four years to fight that issue before the Environmental Board of Review in Cohunbus. The permit was amended, but it was only in existence for six months. We are now operating under a new permit, but we do not yet know the permit limits. The potential fine for all these issues dating back to 1988 was $38 million. Since 1990, the city has taken a very aggressive stand and has spent millions of dollars in order to eliminate infiltration and inflow into the sewer system The U. S. and Rio EPA have taken notice of these efforts and have met with the city to resolve the issues. The Mayor, Law Director and Service Director have met with the U. S. Attorney's office on numerous occasions to negotiate the best possible agreement under the circumstances. Through these negotiations, the fine to be paid by the city has been set at $175,000. 2) The city and the Building Commissioner were recently named in a lawsuit involving a spelling driveway. The cement had been supplied by Medina Supply and the work done by a private contractor. The Law Director contacted the attorney and threatened to file a Rule 11 for frivolous conduct because the city has immunity in such cases. The pleadings were amended and the city and the Building Commissioner are no longer a part of the case. 3) The Robinson Civil Service case began today and will continue for the remainder of the week. 4) In the Eliza Jennings case, the Court of Appeals upheld the lower court and granted the city the original $106,000 but refused to allow interest back to the date of the Supreme Court ruling. Instead, the interest will be calculated from the date that Judge Gaul entered the opinion, which was about a year ago. The amount of principal and interest will be approximately $117,000. With regard to Mr. Gareau's report on the waste treatment plant, Mr. Nashar wondered how long the city would be able to maintain the plant without putting too great a tax burden on the residents. He questioned whether the city should investigate another system, such as the Regional Sewer District. Mr. Gareau said that we have no alternative but to maintain the plant. The same permit limits would have to be met no matter who is running the plant. In addition, the plant is presently running very smoothly; and we are doing an excellent job with respect to overflows, by-passes and meeting the permit limits. Mayor Boyle commented that an engineer from Malcolm Pirnie would address the sewer rates at the committee meeting on Wednesday. The Mayor said he felt the last rate in the proposed ordinance would probably take us to the end of the decade. The city has explored other alternatives, such as joining the Regional Sewer District and privatizing the plant. However, the city has made changes in procedures and staff and invested capital in the plant to bring it to its present state. As a matter of fact, an engineer from one of the private firms stated that the plant cannot be run any more efficiently than it's being run right now. Mr. Gareau explained that the Regional Sewer District would have no use for our treatment plant and would simply use it as a lift station to pump into their main interceptor. The cost of the main interceptor would become a real problem Although the plant would only be used as a lift station, all of the debt associated with the improvements 3