09/06/2005 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 9/6/2005 ® from those events. Even in 1995, the rain storm was nothing on the level of August 20, 2005, yet we had over 650 residents report flooding. We have made progress, but we see there is more we have to do and we will continue to work in that direction. Councilman Orlowski asked if it would be possible to go to a twice yearly check on all the storm lines. In several areas of Ward IV, because of the way the system is set up, the only way residents are going to receive water in basements is if the actual storm line is blacked up. Mayor O'Grady answered that the storm system should primarily be self-cleaning. When we have a major storm event, water goes through there at such a volume it should clean out everything. Sanitary sewers do need to be cleaned regularly. If Mr. Orlowski can identify certain areas, they will be checked out. In fact, prior to the August 20 storm, we had already ordered another advanced camera to allow us to do even more filming in the storms and sanitary sewers to make sure they're right. That is being constructed now and it will give us greater flexibility and allow us to televise more sewers. Law Director Dubelko: 1) Litigation update: • City of North Olmsted v. IAFF Local 1267, Case No. 05563879. This is the motion to vacate arbitrator Hayford's award regarding the Fire Chief's new call back policy for the Fire Dept. Stipulations of fact have been filed in that case, and the city's brief was filed today. • City of North Olmsted v. IAFF Local 1267, Case No. 05567299. This is the motion to vacate arbitrator Klein's award regarding rates of overtime pay to the fire fighters. As previously reported, the union filed a motion in both Judge Callahan Judge Sutula's courts to consolidate the two cases seeking to vacate the two arbitration awards. The city opposed the motion to consolidate as they only have in common that both seek to vacate arbitration awards. They have no issues of fact or law in common. Nevertheless, the judge decided to consolidate the two actions. We will follow the court's order. The court also made it somewhat difficult on the city by requiring the city to adhere to the same briefing schedule that it had set for the first case. The Law Department did meet the deadline, and the brief and stipulations were filed in the court today. • In the city's unfair labor practice against IAFF Local 1267, mediation was had on August 25. The mediation was heard by administrative law Judge Kingsley. Prior to the mediation, on August 18, the union and the city had received a copy of SERB Judge Jewel's proposed order on another unfair labor practice the fire fighters had filed against the city. Attempts to mediate this unfair labor practice were unsuccessful. The matter will go forward and SERB will issue a complaint against the fire fighters regarding the city's charge and it will be tried. • A proposed order from Judge Jewel was received on August 18, dated August 16. From the city's position, it is a very favorable proposed order. It did find that the city committed some unfair labor practices, particularly with respect to the rates of overtime. But the remedy was favorable to the city and the SERB judge also reinforced the city has extensive authority to unilaterally change policies in the Fire Dept. that relate to management rights only. The union has taken exceptions to that order, which means the matter will now be sent to the SERB board to review the exceptions by the union and to issue a final order. That might be expected in the next one to two months. 8