Homrighausen raises idea of settlement with Dover Chemical

In an email sent Friday, Sept. 3 at 9:15 p.m., the mayor said he has a plan to try to save the city the cost of proceeding to a full trial in the Dover Chemical case.

When asked in a phone call whether council had received a copy of his proposed plan, Homrighausen said they had not received it from him, but he believed they had it.

He said his plan was the result of an email he obtained through a blanket public records request. He attached the email from Ryan McElduff, general counsel for ICC Industries, Dover Chemical’s parent company.

The document, addressed to Council President Shane Gunnoe, expressed Dover Chemical’s willingness to resolve all disputes under certain conditions, which included the company would not be responsible for any surcharges included in an emergency ordinance passed by council, would install a new substation at its cost and would make a one-time payment of $100,000 for disputed past charges.

The proposal also required the city and law director Douglas O’Meara to retract any allegations they have made against Dover Chemical, its officers and employees and included a deadline of Aug. 19 to respond.

Homrighausen’s email to The Bargain Hunter said, “Since it appears as though council president has passed the deadline for response as requested by Dover Chemical, therefore as mayor I am going to set up a committee, a team of experts, which would include electrical attorneys and members of council, to meet with Dover Chemical. Following each meeting, this team would schedule a whole council working session to keep all of council and the law director informed of this process as it moves along.”

His email also said he believes his plan is the best way to end a potential long-term battle, save residents and businesses money, and move forward with day-to-day business. "It also is a way for all of council to be on the same page throughout so there are no misconceptions and the best decision can be made," he said.

In the same phone call, Homrighausen said Gunnoe never notified him or council about receiving Dover Chemical’s email. The mayor also said he has had no conversations with Dover Chemical about his proposed plan for settling the dispute.

The Bargain Hunter followed up with Gunnoe, who said at the time he was not sent the mayor’s email about proposing a plan to reach a settlement. Gunnoe later notified The Bargain Hunter he received a copy of the email at approximately 9:15 p.m. on Labor Day.

Gunnoe confirmed receiving the message from McElduff on Aug. 16, the day of the deadline. “That very night council discussed the proposal under pending litigation,” Gunnoe said. “Ultimately, that offer was deemed insufficient by council.”

Gunnoe said council responded to the proposal through their legal counsel.

“We’ve been engaging in negotiations with Dover Chemical all along through our legal counsel, including an offer to engage in mediation through a court-appointed mediator,” he said. “Any comment to the effect that I have not provided documents to city council is 100% inaccurate. Council has been briefed every step of the way. Their preferred route is to continue to go through proper legal channels and engage in discussion through our attorneys to Dover Chemical’s attorneys, especially in light of the fact the city is being sued by Dover Chemical."

Gunnoe offered to provide an email trail to The Bargain Hunter proving all information on the issue that had been shared with council by him and by O’Meara.

Gunnoe also said, “At no point has council vested authority in the mayor to either settle the lawsuit or to speak for us as it relates to repealing any ordinances. I’ve spoken to almost all the members of council so far and haven’t found one who believes it’s in the city’s best interest for the mayor to take the lead on negotiations at this point. Quite frankly, it’s my opinion his negotiations with Dover Chemical have cost the city enough money over the years.”