ORDER-2018-16 : An Appropriation in the amount of $29,000.00 from the Suits and Claims Stabilization Fund (84062-590000) to City Solicitor Suits and Claims Expense (011512-544500).

Transcript (~9 min @ 7:15)

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▶ 7:18 Scott M. Forbes: Next on the agenda, order number 2018-16, it's an appropriation of the amount of $29,000 from the Suits and Claims Stabilization Fund, account number 84062-590000 to City Solicitor Suits and Claims Expense, account number 011512-544500.

▶ 7:44 Scott M. Forbes: recommend for passage mr chairman uh before we uh we do have uh and we can take the motion

▶ 7:50 Scott M. Forbes: all right uh we have a motion for passage made by alderman mortimer second second and by almond Tramontozzi motion to suspend the rules second spend the rules so we can hear from mr lucas we have a motion suspend made by alderman mortimer seconded by alderman's work all those in favor any opposed rules are suspended good evening good evening mr chairman david lucas on behalf of the

▶ 8:09 Speaker 4: the law department um this is a request for an appropriation to our susan claim stabilization fund mr chairman i won't get into the strategic decisions behind this but i'll just give a very brief background to this board when the city underwent a large drainage project in 2010 through 2013 part of the project was moving a huge sewer pipe underneath the football field in preparation for some other repairs this project was bid out the bid was won by a rivoli construction inc the city had previously hired an engineering firm called sea consultants now known as kleinfelder sea to oversee the project um long story short there were unforeseen unforeseen circumstances with the subsurface conditions as far as drilling down into the ground the project was to design metal piles to hold up this new pipe to design and design a system to hold them and to lay the pipe on top of them so a support system they couldn't get it done there were some delays caused and Rivoli demanded a change order to which then superintendent DPW superintendent Robert Beshara replied that he was denying it for good cause I will add there is currently and has been since 2012 a lawsuit by Rivoli against the city the city currently has a third party claim against the engineer basically saying if we did something wrong it was under your guidance supervision and advice we underwent a mediation probably said we won this case on summary judgment a year and a half ago and a year after the decision I'm speaking to the lawyers on the board the judge overturned her own summary judgment decision on reconsideration which is very rare we went through an all-day mediation process about a month and a half ago we did reach a settlement which the engineer will contribute toward if we don't settle this if this goes to trial that will be off the table the good news behind this is then city engineer now superintendent John Shenna budget this budgeted this very wisely years ago and this project came in under budget so we already had some money available to settle the remaining amount that we need that the city needs would be $29,000 again without getting into the strategic decisions behind this I suggest it's something that i would highly recommend i'm happy to answer any questions

▶ 10:59 Speaker 5: thank you mr lucas alvin twerko please thank you mr chairman just one question what will the

▶ 11:01 Michael P. Zwirko: balance in the stabilization fund be if we were to appropriate this amount i don't know

▶ 11:11 Speaker 4: but we clearly we have the 29 000 absolutely no yeah this is this is uh less than half i believe what the balance is thank you mr chairman thank you and and and i'm sorry mr chairman on that note neither the city solicitor nor I anticipate any large expenditures from this fund at this time. There is no litigation going on right now with the city that would suggest that we need to look at this a little more carefully.

▶ 11:32 Scott M. Forbes: Thank you. Do we have any other questions from voting members on this panel? Non-voting members, Alderman Medeiros, please, followed by Alderman McAteer-Margolis.

▶ 11:40 Monica C. Medeiros: Thank you. I just wanted to point out that we do have a memo email from Carrie Ann Golden in the auditor's office dated September 14 2017 which she says that the suits and claims balance the suits and claims stabilization fund current balance is one hundred seven thousand seven hundred and five dollars and six cents and if this order is approved the new balance will be seventy eight thousand seven hundred five dollars and six cents so that information is in included with the order in IQM 2 and I would just say that you know this this project was very helpful to help manage the water flow and sewer output and I think it's

▶ 12:33 Speaker 5: probably a wise decision to pass this thank you Thank You Alvin Darius Alvin

▶ 12:37 Mary Beth McAteer-Margolis: MacMaster Margolis please thank you I did just have a question Mr. Lucas you

▶ 12:46 Mary Beth McAteer-Margolis: stated that if this went to trial the money that amount would be off the table do you anticipate that by making this offer this this will then not it will be

▶ 12:57 Speaker 4: accepted and not go to trial correct this would be an exchange for a full release what I said to answer the alderman's question directly what I said was the contribution from the engineer would be off the table absolutely all All offers would be off the table, but in this instance, the city is getting contribution toward the settlement from the engineer.

▶ 13:15 Mary Beth McAteer-Margolis: And that is the amount of $48,000 from the, or $50,000 from the engineering company?

▶ 13:24 Speaker 4: Exactly right.

▶ 13:25 Mary Beth McAteer-Margolis: Right. Right. Okay. So this would basically take care of the whole case and it would be settled?

▶ 13:30 Speaker 4: It would. And I just want to say for the record, Mr. Chairman, I appreciate very much the comment from Alderman Medeiros. I knew it was less than half of the stabilization fund, I knew it was a good cushion, but I

▶ 13:42 Scott M. Forbes: appreciate the exact number thank you thank you Alderman Wright please mr.

▶ 13:45 Francis X. Wright Jr.: chairman I like to go into executive session I have some questions related to

▶ 13:52 Peter D. Mortimer: the actual second the motion executive session we get a motion by Alderman

▶ 13:56 Scott M. Forbes: Wright to go new executive session seconded by Alderman Mortimer all those All those in favor?

▶ 14:03 Speaker 6: Aye. Aye.

▶ 14:04 Speaker 7: Actually. Roll call. Roll call.

▶ 14:06 Speaker 5: Okay. Can we get a roll call, please?

▶ 14:21 Speaker 8: Alderman Wiesel. Yes. Yes. Alderman Forbes. Yes. Yes. Alderman Inferna. Yes. Yes. Alderman Lemmerman. Yes. Yes. Alderman McAteer-Margolis.

▶ 14:31 Peter D. Mortimer: Yes. Yes. Point of order. This would just be members of the committee, please.

▶ 14:35 Speaker 5: Oh, that's right. That is correct, Alderman Wormley. Okay, so now it's the members of the committee. It comes to the committee.

▶ 14:43 Speaker 8: Do you want to do it? Do you want to lead us, or? Yeah, and I'll record it.

▶ 14:50 Speaker 1: Okay, Alderman Forbes? Yes. Alderman Chairman Tozzi? Yes. Alderman Wright? Yes. Alderman Mortimer? Yes. Alderman Zwirko? Yes.

▶ 15:04 Speaker 5: That's unanimous.

▶ 15:08 Peter D. Mortimer: We stand to recess in the vote, clear the room. Motion to commence the executive session.

▶ 15:12 Scott M. Forbes: Motion to commence the executive session made by Alderman Mortimer. Seconded by Alderman Tramontozzi. All those in favor? Aye. Aye. Opposed? Executive session is now commenced.

▶ 15:24 Speaker 9: We need people to clear the room.

▶ 15:43 Speaker 9: Who's back?

▶ 15:48 Scott M. Forbes: Okay, the executive session is now commenced, or is now concluded. Just for everyone here at home, there are certain times that we have to discuss things like litigation strategy, things that it wouldn't be recommended to be discussed during a public committee meeting so therefore that is the reason why we had to go into executive sessions so we do have a motion to recommend this order made by Alderman Mortimer it was duly seconded by Alderman Tramontozzi all those in favor aye any opposed order passes and will be recommended to the full board thank you