Hi Phil,
In my last comments I indicated the we did not want to be restricted to no hand line use on South Colman ranch. It sounds like that is already included in our RWUP from DEQ. The City will not use hand lines on South Colman ranch.
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
"From: Phillip Bender [mailto:PBender@ringbenderlaw.com]
Sent: Thursday, February 19, 2015 10:01 AM
To: Dan Huff
Cc: J.W. Ring; Mark Strandberg; jcline@cityofmolalla.com
Subject: Re: CONFIDENTIAL - Conference call with Plaintiffs' attorneys
El Jefe – The Boss. It is one of Fidel Castro's nicknames, but in full his is Comandante En Jefe. I like El Jefe better for you.
One other suggestion they made during the call was for a final in-person negotiation session once they send us their next proposal. They indicated this may make it easier to close a deal in the end. We will, of course, send you their next proposal as soon as we get it and then set up time to discuss with you.
Phil
Phillip M. Bender - Partner
925 Liberty Ave., 8th Floor
Pittsburgh, PA 15222
(412) 770-7721
Ring Bender McKown & Castillo LLLP
This transmission is intended for the sole use of the individual or entity to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited. If your receipt of this transmission is in error, please notify this firm immediately by telephone at (503) 964-6730, or reply to this transmission. Thank you.
From: Mark Strandberg <MStrandberg@ringbenderlaw.com>
Date: Wednesday, February 18, 2015 8:01 PM
To: Dan Huff <dhuff@cityofmolalla.com>, "jcline@cityofmolalla.com" <jcline@cityofmolalla.com>
Cc: "J.W. Ring" <JWRing@ringbenderlaw.com>, Phillip Bender <pbender@ringbenderlaw.com>
Subject: RE: CONFIDENTIAL - Conference call with Plaintiffs' attorneys
I like El Hefe, it fits. We did not discuss the attorney fee breakdown in detail, but when the time comes we will make that abundantly clear.
-Mark
From: Dan Huff [mailto:dhuff@cityofmolalla.com]
Sent: Wednesday, February 18, 2015 4:57 PM
To: Mark Strandberg; jcline@cityofmolalla.com
Cc: J.W. Ring; Phillip Bender
Subject: RE: CONFIDENTIAL - Conference call with Plaintiffs' attorneys
Thank you Mark. Did you happen to discuss Ms. Fahey’s repeated intervening into our current discussions with DEQ on I& I for example and how we in no way will be responsible for those hours?
Ms. Hansen is again up to her old tricks that include personal attacks on individuals. By the way my new name is El Hefe which I find kind of endearing.
Dan
From: Mark Strandberg [mailto:MStrandberg@ringbenderlaw.com]
Sent: Wednesday, February 18, 2015 4:39 PM
To: dhuff@cityofmolalla.com; jcline@cityofmolalla.com
Cc: J.W. Ring; Phillip Bender
Subject: CONFIDENTIAL - Conference call with Plaintiffs' attorneys
Dan & Jen:
Phil and I had a conference call with Karl Anuta and Maura Fahey to answer their questions about our counterproposal. Karl’s primary concern was regarding the language we had struck expanding the documents to be posted on the website, which they intended to address Plaintiffs’ excessive use of Public Records requests. We explained that the proposal as drafted represented what the City could manage to regularly and timely put on the website, and that we don’t think that even full disclosure would prevent Susan Hansen from issuing public records act requests. Plaintiffs also wanted to see something more concrete for the period following the first two years of the decree. We explained that the City is already agreeing to concrete steps, and that the current language is sufficiently protective.
Finally, they asked for us to provide documentation of our investigation of stormwater sources. Jen – Phil and/or I will be contacting you to discuss what we should produce.
Regarding the dollar issues, they were not satisfied with our opening offer on attorneys’ fees, but provided no counterproposal. They also objected to our repeated deletion of the stipulated penalty/payment provision, but we again explained that we don’t feel that stipulated penalties are appropriate in this case.
Maura told us that she would be out of the office most of next week, so we should expect a counterproposal first week of March.
Please let us know if you have any questions.
Best,
Mark
Mark P. Strandberg
621 SW Morrison, Suite 600
Portland, Oregon 97205
(503) 964-6725 office direct
(503) 964-6730 office main
(773) 606-9467 mobile
__________________________________________________________________________________________
This transmission is intended for the sole use of the individual or entity to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited. If your receipt of this transmission is in error, please notify this firm immediately by telephone at (503) 964-6730, or reply to this transmission. Thank you.