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05-09-1985 - Special t o 0 CITY OF EDGEWATER CITY COUNCIL SPECIAL MEETING MAY 9, 1985 Minutes Mayor Earl Baugh called the Special Meeting to order at 3:00 P.M., May 9, 1985, in the Community Center, for the following purposes: Recommen- dation on bid to purchase 4,625' of 12" PVC pressure pipe and appurten- ances; recommendation on bid for labor and equipment to install 4,625' of 12" PVC pressure pipe and appurtenances; and, 911 Dispatch Agreement with City of Oak Hill. There is a supplement to this agenda to include recommendation on bids for soil cement and tack coat for new construction of four streets. Mayor~.Baugh asked if the recommendations for soil cement could be moved up underneath the recommendations for labor and equipment. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Councilman James Inman Present Present Present Present Present City Attorney Jose Alvarez City Clerk Connie Martinez Sargeant William Lenz Present Present Present Mayor Baugh asked if there was a problem with moving item 4 up on the agenda. No one objeeted to this request. Mayor Baugh asked for Council's decision concerning the bid to purchase the 4,625' of 12" PVC pipe. Councilman Asting made a motion to authorize the purchase of the pipe, seconded by Councilman Rotundo. City Clerk Martinez stated that Terry Wadsworth, Utilities Superintendent, recommended items 1 and 11 to Southeastern Municipal, and items 2, 3, 4, 5, 7, 8, 9, 10, 12, 13, and 14 to Davis Meter and Supply. Number 6 is to be rejected per Mr. Wadsworth's recommendation. Mayor Baugh said the motion on the floor is to accept Mr. Wadsworth's recommendation. Motion CARRIED 5-0. Councilman Asting made a motion to reject item 6 that Terry Wadsworth recommended, seconded by Mr. Inman, Motion CARRIED 5-0. Mayor Baugh asked for Council's decision concerning the bid for labor and equipment to install 4,625' of 12" PVC pipe. Councilman Asting made a motion to accept the recommendation of Terry Wadsworth on installation of the 12" line. Mayor Baugh said that was for Barnes Excavating Indus- tries in the amount of $16,199.04, to which Councilman Asting agreed. Councilman Inman seconded the motion. Motion CARRIED 5-0. Mayor Baugh then asked for Council's decision on the bids for soil cement and tack coat for new construction of four streets. For the record, Councilman Asting stated the four streets are 22nd Street, 30th Street to Silver Palm, 22nd from Willow Oak to Silver Palm, Needle Palm from 16th Street to Indian River Boulevard, and Sabal Palm from Indian River Boulevard to 30th Street. Councilman Asting then made a motion that the bid be awarded to D & W Paving, Inc., in the amount of $76,440, per the recommendation of the City Engineer and the Public Works Superintendent. Councilman Inman seconded the motion. Motion CARRIED 5-0. Mayor Baugh then began discussion concerning the 911 Dispatch Agreement with Oak Hill. City Attorney Alvarez asked if he could be permitted to present his views to Council first, due to the fact he must leave the meeting by 4:00 to attend to other urgent matters that are pending. Mayor Baugh asked him to proceed. City Attorney Alvarez said he wanted to discuss three issues. One is a non-issue that has become an issue, that being the rumors and/or comments that there is a personality conflict between himself and attorney Clay Henderson. He said that is a very naive and simplistic way of looking at this matter. There is absolutely no personality conflict.between Mr. . o o Henderson nor any other attorney that he has come against in the last 14 years, simply because he lives by a very basic rule of professional res- ponsibility. He went on to say that he wants to end these rumors and/or comments now and he asked anyone in the audience who feels such a situation exists to voice their opinion at this time so that this matter can be ended right here and now. If not, he does not want to hear about this personality conflict anymore. The two issues City Attorney Alvarez asked to address are, number 1, the language in the Agreement in paragraph D. He said that this issue has given way to another larger issue, number 2, that being whether this is a course of action that is beneficial to the City of Edgewater, since nothing is perfectly beneficial. He then referred the Council to the outline prepared by City Clerk Martinez of a chronology of events that have occurred since July, 1984, concerning this matter. Attorney Clay Henderson asked for a copy of the outline. At 3:10 p.m. the meeting recessed. Mayor Baugh recessed the meeting to allow someone to go and make copies of the outline. The meeting was called back to order at 3:15 p.m. Mayor Baugh stated copies have been furnished to the Press, Mayor Goodrich and his attorney. He gave them a couple minutes to look this over. City Attorney Alvarez advised that this chronology is a statement of facts, as developed by Mrs. Martinez from her files. He proceeded to read this memorandum to the people present, saying that each individual can draw his own conclusion. He noted that Clyde Mann had been appointed negotiator to mediate the dispute in the Agreement. He further noted that he had asked Mrs. Martinez to prepare a chronology of the events that had transpired concerning this ~ll Agreement for Mr. Mann to review so that he would be informed of the situation when examining same. From the facts that City Attorney Alvarez read into the minutes, he said the language is the only legal aspect that is in question. What would be the necessary and proper language to properly protect Edgewater's interest if an agreement is undertaken. He said he has discussed the language with the insurance carrier and there are some problems with it. The second issue at hand is can there be any language to properly protect the City of Edgewater. Is this matter in the best interest of Edgewater. He said he has made his position clear, he knows the facts, they need to be dis- cussed to get a clear understanding of what is involved here. Councilman Asting stated that there have been problems with Edgewater dispatching messages to Oak Hill by radio and by telephone. Sometimes they cannot even be reached by telephone and when this happens the dis- patcher must turn the matter over to the County. Three procedures are necessary to get a message to Oak Hill authorities: radio, telephone and telephone to the County. Our dispatchers are very busy people. In reading the Agreement, he noted that same was signed by Council back in October, 1984, and was sent to Oak Hill on October 3, 1984. It was never signed by Oak Hill authorities, as was noted on the chronology of events. Due to the fact seven months have elapsed and nothing has been signed by Oak Hill, Council decided to take action on same and they decided the Agreement would be terminated thirty days from April 15, 1985, unless the_Agreement is signed by that date. He advised that he contacted an insurance representative about this wording that is in the Agreement and he was told that the new wording does not relieve Edgewater from liability, it adds to it. For example, a lawsuit against Oak Hill for a 911 incident could also involve Edgewater. He was told the wording places Edgewater in considerable jeopardy. He said he was not in favor of renewing the agreement of 911 with Oak Hill. Councilman Inman said in addition to what Councilman Asting has said, he knows that Oak Hill is on the same frequency as New Smyrna Beach. It is possible for a dispatcher in New Smyrna Beach to cut off the radio frequency from Edgewater to Oak Hill. He added that he does not like the wording -2- City Council Special Meeting May 9, 1985 . o Q in the Agreement, either. He does not like the reading that Edgewater is solely responsible for Oak Hill dispatching equipment, personnel, etc., if they implement the Agreement. At this time, Clay Henderson, attorney for Oak Hill, asked if he could be heard on this matter. Mayor Baugh agreed for him to give'~is views on the subject at hand. He said it seems to him that this is cut and dried and he is sorry for that. He said it is his opinion that they have done every- thing that they can. This is very critical to the community and they should be trying to resolve the problems rather than making them worse. He said there were no problems with the implementation of the Agreement last year, however, somebody has slipped this new language into the new Agreement and this is where the problem is. He said he made copies of the old Agreement and he passed them out to the Council members. Council- man Asting asked Mr. Henderson not to throw it at him, he does not apprec- iate having something thrown at him. Mr. Henderson asked @ouncilman Asting to refer to paragraph 2D of the old Agreement. Councilman Asting said this is the paragraph the insurance representative objected to. Mr. Henderson said it was in effect last year between the two cities, in 1983. Mr. Henderson said all language about malfeasance, misfeasance and negligent acts have been added in this new contract. No one from Edgewater told the~ that this had been added. Councilman Asting said they presumed that Oak Hill would read it, that it was put in to protect the City of Edgewater. He went on to ask why they did not contact Edgewater that they objected to the language rather than dragging it out until a month ago. Mr. Henderson said they have been saying this all along. Councilman Asting said they never heard it. After reading the section in the Agreement that was allegedly changed, Mr. Henderson said that was never agreed to by Oak Hill, and he questioned whether or not the Council of Edgewater was told that the language had been changed when they signed same. Councilman Asting said he read the contract and signed it and presumes the old Council members did also. Mr. Henderson said that they have a constitutional and ethical obligation and cannot accept that language. It seems like Edge- water is trying to run Oak Hill through the mill on this thing. Everything that can be done has been done and they cannot in any way accept or accede to that language. The amendment that has been presented is fair and good, it is still subject to approval by the insurance carrier. Mr. Clarence Goodrich, Oak Hill Mayor, in responding to the comment that was made concerning them not responding to accidents, there was only one accident last year that was referred to the Highway Patrol and that was by a new officer. He referred to another dispatcher from Edgewater making a mistake in transmitting a call to them. He said they did not want to be held responsible for Edgewater's mistakes. Mr. Henderson said Edgewater makes mistakes, Oak Hill makes mistakes. The language says Oak Hill will be responsible for their own mistakes. Mayor Goodrich then said that the best thing to do is call the whole thing off. Councilman Asting agreed. Mayor Goodrich and Mr. Henderson then got up and left the meeting. Councilman Asting said he did not like the way Oak Hill was trying to tell Edgewater what to do when we are working to protect our own interest for the City. If they are dissatisfied, fine, lets terminate the agreement. Mr. Mann suggested that they check with Nasser to see if they can be hooked up. City Clerk Martinez said that he asked her to let him know after the meeting what the status was and she would call him. Councilman Asting made a motion to adjourn the meeting, seconded by Councilman Inman. The meeting was adjourned at 3:45 P.M. Minutes submitted by: Susan Mista -3- City Council Special Meeting May 9, 1985 . , (..) o r ~ ~ - /wtr-U4JTw COUNCILMAN -~ONE T EE ~--€6 - - ~~') ~~-?-r<" ~--<- ~,90UNCILMAN - ZONE FOUR ~ C/ ATTEST: -4- City Council Special Meeting May 9, 1985