09/05/2000 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 9/5/2000 Law Director Gareau: 1) He asked that Council ask for an executive session later in the `~ meeting to discuss the consent decree with the EPA and the modifications the city has ~, sought and the litigation dealing with Parcel E. 2) To add to the Mayor's report on the centrifuge, in the month of August we have finally reached a full, complete compliance under our NPDES permit with respect to not having exceeded levels in any of the various categories and have not had any bypasses or overflows. Assuming we can continue operating at this level, it would be very difficult for the EPA not to agree to modify the consent decree. Most people do not realize that the typical sewage treatment plant is designed to be 50% efficient and not 100%. We have been able to reach these levels through the work of Dennis Long and the employees of the plant and the Service Department. 3) With regard to the Chamber of Commerce case, there had been a demand for over $200,000 in attorney's fees. Council authorized him to challenge that claim, which he did by hiring Hilary Taylor to represent the city in that part of the litigation. Judge Nugent has ruled that the fees were improperly calculated, that they were using an improper hourly rate. Also, they did not indicate what fees were for the three of the nine issues they prevailed on. They came back with $100,100 in fees. The Law Department does not feel this figure was properly calculated and will pursue the matter. The court found in favor of the city with regard to the retaliation claim. The Law Department has moved to vacate the judge's order dealing with the constitutionality of the sign code since a new code has now been adopted. If the court does vacate the order, that would probably assist most of the communities in the State of Ohio by vacating a ruling that basically treats the erection of a sign the same as constitutional rights as adult entertainment. The whole decision was based on the adult entertainment business whereby the court indicated that there is no proper appeal for being turned down for a sign and the issue of prior restraint was applicable. The ruling reads that, if a sign is put up, the city would then have to take it to court to have the sign taken down. The city is very sensitive to that part of the decree and have cited good authority for the court to vacate that issue. A brief will be filed this week. 4) A labor arbitration was held with the Clerks and Technical AFSCME union dealing with the elimination of the secretary's position at the Senior Center. The city prevailed in that arbitration whereby the arbitrator indicated that it was an issue of the city's right to eliminate that position. The cost of the arbitrator, according to the union contract, is passed on to the loser so the city did not have to pay the arbitrator. 5) With respect to the New York bond rating trip, he was very delighted to be present and to make the presentation. The turn-around that we have had was very positive. It was great to be able to present what this Council and administration have done to further the city's financial condition and to improve it. 6) This past week, we picked an arbitrator for the issue dealing with overtime for dispatchers. 7) An agreement has been reached with the AFSCME union NOMBL employees. The negotiations were completed in four sessions with the cooperation of the administration, the Law Department and the union. 8) George Carr, Assistant Law Director, has resigned to take afull-time position with a law firm. George is a talented young man and was very helpful with respect to the §~~. ~- 2 ~., ,,,,~,F.Y,. .,..... ~a~_... ,„~