YOUNGSTOWN — City council authorized a final settlement agreement to a multi-million-dollar wastewater improvement dispute with the federal government.

Council voted 7-0 Wednesday to permit the board of control to “accept the consent decree amendment” in the federal case involving the city, the U.S. Environmental Protection Agency and the Ohio Environmental Protection Agency on “a mutually agreed upon amendment to the combined sewer system long term control plan, which incorporates a ‘revised implementation schedule’ that will replace and supersede” a section of the original plan.

The city filed a March 15, 2024, motion to modify a 2014 consent decree in federal court with the U.S. Environmental Protection Agency. As part of that 2014 decree, the city agreed to build a 100-million-gallon-per-day wet weather facility.

In recent years, the city has insisted the facility mandated by the federal government is too large and expensive.

The project’s initial estimate was $62 million, but is now more than $240 million, according to a Nov. 12 amended motion to modify the consent decree filing from attorney Terrence S. Finn of the Roetzel & Andress law firm in Akron, which represents the city.

The city asked Judge Christopher A. Boyko of the U.S. District Court’s Northern District of Ohio in that motion to permit the consent decree to be amended for the construction of a wet weather facility that could treat 80 million gallons of wastewater per day. The city hasn’t determined the cost of a smaller facility.

The federal government had previously rejected a reduction in the scope of the work.

But the two sides – as well as the state of Ohio – filed a joint motion on Nov. 25 for a 90-day extension to modify the decree stating they “believe that they have reached an agreement in principle.” Boyko granted the motion a day later.

The two sides – and Ohio – then filed another motion for a 60-day extension on Feb. 25 “to finalize the resolution of the consent decree modification motion.” The judge granted that extension a day later.

The two sides have until April 28 to reach a settlement.

OTHER ACTION

Also Wednesday, council approved legislation to seek proposals and enter into an agreement with the Ohio Department of Transportation for resurfacing, drainage rehabilitation, new curb raps, signage and road striping for four streets.

The work is to sections of Wood Street, McGuffey Road, Sheridan Road and Powers Way.

The work is estimated to cost $1.3 million with the state paying 80% and the city covering the other 20%,

Council referred legislation Wednesday to its safety committee for further discussions to spend $695,400 for the purchase of 11 police vehicles — five cruisers, three canine vehicles and three for its crime lab. It also moved an ordinance to its safety committee to spend $41,600 for mobile data terminals for the five police cruisers and three K-9 vehicles.

But council agreed Wednesday to spend $41,600 for mobile radios for those same eight vehicles.

The vehicles likely won’t be ready until next year.

Council also agreed to authorize the purchase of seven vehicles for the water department at a cost of $305,981 and a $198,395 purchase of a hydraulic excavator for the wastewater department.

Council voted to pay the deductible amounts to Tokio Marine, the city’s insurance company, for legal fees for two lawsuits.

One of the lawsuits was settled in April 2024 with Two Bridges LLC, owners of the former Anthony’s on the River building,15 Oak Hill Ave., that the city demolished on Aug. 22, 2020.

The settlement saw the city give $80,000 to Two Bridges, which had sued for $212,000 in damages along with attorney fees.

The city also removed a $48,000 demolition assessment and $20,675 in interest on that assessment as well as paid the remaining delinquent property tax balance of about $10,000.

The other ordinance authorized the payment of $33,495 to Tokio Marine for the deductible incurred for legal fees by the insurance company in a lawsuit filed in August 2022 by Susan Burnham, a former city public health nurse who sued the city contending she was the victim of age discrimination.

A Mahoning County Common Pleas Court jury found in favor of the city Oct. 3, dismissing the case.

In addition to the money owed to Tokio Marine, the board of control last week paid $12,063 to Mazanec, Raskin & Ryder, a Cleveland law firm, to defend the city in the Burnham case.