09/07/2004 Meeting Minutes - Laserfiche WebLink

Home Browse Search

Council Minutes of 9/7/2004 and Nashaz; Director of Law Dubelko, Director of Finance Copfer, Director of Safety Jesse and Director of Personnel Farver. There was one item on the agenda that evening, and that was a discussion of 2004-133, an ordinance authorizing the Mayor to emer into a one-yeaz personal services agreement with the law firm of Radernaker, Malty, McClelland & Greve to provide professional and specialized legal services and declaring an emergency. Mr. Dubelko and Ms. Farver explained the ordinance and the need to continue in our relationship with ltademaker, Malty, McClelland & Greve to provide services for workers' compensation representation, which as was discussed, is their specialty. It was further discussed that they have been representing the city for about as long as anybody could remember. That there was a prior contract that was entered into Last year that had expired. It should be named that previous history of service generally fell within the range of between $3,000 and $6,000 per yeaz for worker's compensation matters. We do have one significam case that is actually in the court of Common Pleas right now which will make this yeaz an exception to past yeazs. The billing rate as set forth in the agreement is $135 per hour for attorney time, and $95 per hour for pazalegal time. It should be noted again that the ordinance as originally drafted included a statement that it would be a one-year personal services agreement, which was set forth in a letter that was attached as an exhibit. There was nothing in the original ordinance or the letter indicating the commencement date for the agreement. It also indicated that there would be a limitation of $5,000 in the annual amount. That number was deemed to be unreasonable in light of the fact that we already have numbers that come close to exceeding that amount based upon previous service during the yeaz. So, given the present case in the court of Common Pleas, the committee unanimously recommended approval of Ordinance 2004-133 as amend. The amendments aze as follows: Include in Section 1, "The term of the agreement shall be retroactive to the expiration date of the previous one-year agreement authorized by Ordinance 2003-115 and continued through December 31, 2005." In Section 2, it originally allocated a maximum amount of $5,000, and that is increased to $15,000. (That is the ceiling for right now, but it is ultimately up to appropriation.) Councilman Gazeau moved that Ordinance No. 2004-133 be amended consistent with the amendments as stated. The motion was seconded by Councilman McKay and passed unanimously. Ordinance No. 2004-133 amended. Councilman Miller, chairperson of the Public Safety, Health & Welfaze Committee: 1) On Tuesday, August 31, the Public Safety Committee met. The following legislation was discussed: - Ordinance 2004-128, a resolution urging the Ohio General Assembly to pass legislation banning the use of hand-held cell phones by operators of motor vehicles on the roads and highways of the State of Ohio. This was in regazds to HB 210 which seems to be somewhat stalled. The issue of cell phone use has been discussed at length. No one attending had significantly changed their position. He had previously reported that HB 210 would make use of a hand-held cell phone a primary offense; and, as a result of that, there was one vote in favor of recommending the resolution and one against. After clarification from the Clerk of Council, it was determined that HB 210 would make it a secondary offense. It was decided to carry this into committee meeting this evening for further discussion and clarification. The 6