Dover Council discusses litigation

At the Aug. 21 Dover City Council meeting, council member Bob Mueller voiced his concern that the city administration did not advise council in advance about information revealed in an article in The Times Reporter last week that detailed a motion for sanctions by Dover Chemical Corporation against the City of Dover.

The motion was filed with the Tuscarawas County Court of Common Pleas on Aug. 8 and reads:

“Now comes Dover Chemical Corporation, by and through counsel, to move this court for an order of sanctions against the City of Dover arising from its failure to produce a key document (and other documents) in this litigation under a purported claim of attorney-client privilege and Law Director O’Meara’s single-handed derailment of DCC’s first attempt to depose him with his evasiveness, gamesmanship and eavesdropping on DCC’s counsel. DCC requests that the court award sanctions in the amount of the additional costs to redepose city witnesses and the costs incurred relative to the first failed attempt to depose Law Director O’Meara.”

The motion then detailed a memorandum in support of the DCC’s motion and adds that sanctions can be imposed against the city under ORC 2323.51 when a party has engaged in frivolous conduct.

In part, under section II of the nine-page document, the memorandum further reads:

“To make matters worse, counsel for DCC discovered that Law Director O’Meara had been surreptitiously recording the deposition and even left his telephone recording in the presence of DCC’s attorneys when he and the city’s attorney left the room.”

After an executive session at the end of the meeting to discuss pending litigation where the city’s attorney Delores P. Garcia of Ulmer & Berne LLP was present, Mueller said he felt a little bit better about his concern.

No action was taken after the executive session.

During the regular meeting, Mueller scheduled a utility committee meeting for Sept. 5 at 6:30 p.m.

“I would like the auditor to be there and bring all of the bills for the litigation that we're doing right now with Dover Chemical,” Mueller said.

Former council clerk Julie Leggett attended her first meeting as a member of council. She was appointed by the Tuscarawas County Republican Central Committee to replace Joe Sciarretti, who resigned after moving out of the area.

“When the opportunity presented itself, I just thought it would be a great fit. Working as council clerk for the last 15 years, I just thought it would be a nice, smooth transition. I know the workings of council, and I'm just excited to bring a new perspective to the chair,” Leggett said.

Leggett’s grandfather Donald Angel held the same chair in the 1960s. To Leggett’s knowledge, this is the first time a council clerk has moved from that position into a council seat.

Zoie Arnett was approved by the council as Leggett’s replacement as clerk.

State Rep. Brett Hillyer presented a resolution to Fire Chief Russ Volkert celebrating the 150th anniversary of the founding of the Dover Fire Department. The resolution also was from the Speaker of the House and the Clerk of the House.

In his mayor’s report, Shane Gunnoe announced the city received a $10,000 donation from the Dover Exchange Club Children’s Foundation for the purpose of the girls softball field turf project.

“We appreciate the hard work that is being done to fund this project and are excited for our park department and all the softball players who will benefit from this enhancement,” Gunnoe said.

Others wishing to donate toward the project are encouraged to call the auditor’s office for more information.

The overhaul of the four baseball and softball fields should be complete soon.

“The fields will remain closed to the public through the end of the year for the ground to settle and will be recreated one more time before play this coming spring,” Gunnoe said.

The city will acquire nine new air packs for the fire department to replace older models at a price not to exceed $75,000.

“Originally, they had planned to replace all 24 air packs next year, but by buying nine units now with the current funding set aside, we will receive free replacement air tanks with each unit, which we are excited to say will save our taxpayers about $9,000 off the regular price. The city plans to replace all the department's remaining air packs in the next year's city budget,” Gunnoe said.

Work is progressing on public Wi-Fi internet. The installation of the required hardware is expected to begin in early September.

Service Director Dave Douglas, General Services Superintendent Rick Varnes and Gunnoe recently met with several residents along Goettge Run between 15th Street and Davis Street.

“We walked the area and found a few downed trees, some built-up debris and other small obstructions which general services will work to clear in the near future. This will help ensure the water flows through with less restriction in that area,” Gunnoe said.

Dover Pool will be open Aug. 26-27 and Sept. 2-3 from 11 a.m. to 6 p.m. before it closes for the season.

The city’s End of Summer Celebration will be held Sept. 3 at Dover City Park. There will be live music, a car show, free swimming, a vintage base ball game, 15 food vendors and fireworks.

In legislation council approved Emergency Ordinance 14-23, an ordinance declaring the improvement of a certain parcel of real property to be a public purpose and creating an incentive district TIF for the proposed Crimson Cove Development.

The next Dover Council meeting will be held Tuesday, Sept. 5 in council chambers, 121 E. Second St., Dover.