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05-06-1985 - Regular (.) I,J CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 6, 1985 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:00PM in the Community Center. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Present Present Present Present Councilman James Inman City Attorney Jose'A1varez City Clerk Connie Martinez Sergeant William Lenz Present Present Present Present INVOCATION, SALUTE TO THE FLAG Reverend Hardin gave the invocation. There was a salute to the Flag. PROCLAMATION -"BETTER WATER FOR PEOPLE WEEK" Mayor Baugh read the proclamation which proclaimed the week of May 6-10, 1985, as "Better Water for People Week". PUBLIC HEARINGS - SECOND AND FINAL READINGS AND ACTION: Mayor Baugh asked for a motion to recess the Council meeting and go into the Public Hearings. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Mayor Baugh opened the Public Hearings. Ord. 85-0-6 Providing for and regulating garage sales - City Attorney Alvarez read this Ordinance. ORD. 85-0-6 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PROVIDING FOR GARAGE SALES; DEFINING GARAGE SALES; ESTAB- LISHING PERMITS, FEES, LICENSING AND INFORMATION PROCEDURES; EXCEPTIONS THERETO; AND PROVIDING A PENALTY FOR VIOLATION OF THE TERMS AND REGULATIONS OF THIS ORDINANCE.; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PRO- VIDING AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience. Ord. 85-0-7 Amending Art. VI, Sec. 19-65 re: handling of broken glass - City Attorney Alvarez read this Ordinance. ORD. 85-0-7 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE VI, SOLID WASTE DISPOSAL, SECTION 19-65 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, BY PROVIDING THAT REFUSE CONSISTING OF BROKEN GLASS SHALL BE PLACED IN A SEPARATE CONTAINER MARKED TO INDICATE THE CONTENTS THEREOF; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input. Walter Gross, 909 Lake Avenue, asked if the employees wear proper gloves and Mayor Baugh replied yes. Mr. Gross asked if this would include when a garbage can with a cover is used or if they'd still need a box with a note on it. He added that he doesn't think the men touch the garbage coming out of the can. Mayor Baugh said the Ordinance reads that all broken or shattered glass shall be placed in a separate container from all other garbage and trash and shall indicate its contents. Mr. Gross again stated that the men don't touch the garbage in the cans and City Clerk Martinez pointed out that sometimes the contents stick in the cans and they have to reach in and pull it out. She added that there's a glove at the barn that was used when a man had to pull garbage out and the broken glass went right through the glove. Mayor Baugh requested a motion to adjourn the Public Hearing. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Ord. 85-0-6 Providing for and regulating garage sales - Councilman Asting moved to adopt this Ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 85-0-7 Amending Art. VI, Sec. 19-65 re: handling of broken glass - Councilman Inman moved to accept Ordinance 85-0-7. Councilman Asting seconded the motion. Motion CARRIED 5-0. ~ o APPROVAL OF MINUTES Regular Meeting of April 15, 1985 - Councilman Asting moved to adopt these minutes. Councilman Inman seconded the motion. Motion CARRIED 5-0. Special Meeting & Workshop of April 18, 1985 - Councilman Asting moved to adopt these minutes. Councilman Inman seconded the motion. Motion CARRIED 5-0. Special Meeting of April 23, 1985 - Councilman Inman moved to accept the Special Meeting minutes of April 23, 1985. Councilman Asting seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Asting moved to pay these bills. Councilman Inman seconded the motion. Motion CARRIED 5-0. Mayor Baugh noted that there was a supplemental bill. City Clerk Martinez stated that it's from Diversified Electronics for $36.95 with a memo attached stating the repairs were done and the former administration did not obtain a purchase order. Mayor Baugh asked if the work was done and Sergeant Lenz replied that it was, to the best of his knowledge. Councilman Inman moved to pay the supplemental bill of $36.95. Councilman Prater seconded the motion. Councilman Asting asked if there are any more bills around and Sergeant Lenz replied that every once in awhile they come in. Motion CARRIED 5-0. Mayor Baugh asked Sergeant Lenz to check with Mr. Roberts at Diversified Electronics to see if there are any other outstanding bills and Sergeant Lenz said he would. Councilman Asting said he'd like to know who ordered the work to be done since the proper procedure was not followed and Sergeant Lenz said he'd check that also. MISCELLANEOUS Walter Gross, 909 Lake Avenue, said at the end of last year the City had a surplus of $700,000. and recently he heard they've extended water lines to the end of the City but people are complaining they can't take a shower after 6 PM as there's no water, and he thinks there's a problem and it doesn't depend on the rain. He said they may have over-extended with the amount of water and the new construction. Mr. Gross said another concern is the lack of a Police Chief for the Police Department and the longer it goes, the more they have to think about what can happen in the City. Mr. Gross said there's an industrial program going and they don't have any land belonging to the City that's zoned for industry and they're sponsoring industry and he asked who it's for. Mr. Gross said he attended a meeting of Council regarding the spending of money for paving machinery and an incinerator and when he raised his hand to ask a question he was told the Council was not to be disturbed. He asked if Council is not to be disturbed when discussing money and if there will be public hearin~ when they spend money in the City or if the order was placed and the machinery's on the way now. He said he hopes something will be done to bring things to a head. Mrs. Taylor, no address given, asked if the City is planning a clean up this year and City Clerk Martinez replied that they're discussing it and she agreed it's desparately needed. Bill Britain, Edgewater Rescue, thanked Council and the past Council for the brand new Rescue truck that had arrived this past Friday and is being placed in temporary service while getting sirens and radios put in. He noted that it's a beautfiful piece of equipment and will serve the City for years. He invited Council and the public to come outside and look at it while it's parked in front of the Community Center. -2- Council Regular Meeting Minutes May 6, 1985 o (.) MISCELLANEOUS (Continued) Vic Vandergrifft, Civil Defense Director, invited Council and the public to attend the seminar on hurricanes, tornadoes, and chemical hazards to be held Monday, May 13th, at 7:00 PM in the Community Center. He added that it will help to train the people regarding these. James Hatfield, 236 Old County Road, stated that the City spent $60,000. for a grader for ditches along the unpaved streets but nothing has been done on his street and when it rains there is 6" to 8" deep water. He asked why the $200,000. for street materials wasn't included in the original budget. He agreed the money should be spent where needed but he doesn't think the City is doing a proper job. Mayor Baugh advised Mr. Hatfield that Old County Road will be brought up at the department head meeting the following morning. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Asting stated that he's received several calls about the status of the road paving. He reviewed the sequence of events from January, 1985 until this date. He pointed out that a brief orientation program will be needed for the employees to be familiar with the equipment. He noted that the Council is opening bids at this meeting for the preliminary work the City can't do but the cost will be a lot less since the City's putting the finishing cap on it. He pointed out that there will probably be a time span from the time they award the bid until the work starts and then it has to set for 27 to 30 days before they can put the cap on that, so the process is very time consuming. Mayor Baugh stated that the National and State governments are pushing the happy hour abolishment and he'd like Council to write a letter to the area lounges where they consume alcoholic beverages to ask them to voluntarily disband their happy hour. He added that he's asking this due to the accidents that occur. Councilman Inman so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. City Attorney Reports - City Attorney Alvarez stated that he filed a motion to dismiss on the Vance litigation due to improper service and the judge has granted that. City Clerk Reports - City Clerk Martinez thanked the Mayor and Council and the dedicated staff members for the excellent participation in the Student Government Day held this date and said she felt the children got a lot of knowledge. Utilities Dept. - Opening of Bids - 4,625 of 12" PVCpressure pipe & appurtenances - City Clerk Martinez certified that bids were received from the following: Underground Supply Co.,Inc.; B & H Sales; Davis Meter & Supply; Southeastern Municipal Supply; All State Pipe Supply Co.; Clow Water Systems Corp.; and Hughes Supply. She opened the bids and read the totals. Underground Supply Co, Inc. - $43,165.00; B & H Sales - $43,226.07; Davis Meter & Supply - $42,206.25; Southeastern Municipal Supply - $42,717.85; All State Pipe Supply Co. - $47,461.15; Clow Water Systems Corp. - $43,540.35; and Hughes Supply - $43,237.62. Mayor Baugh suggested they turn this over to Terry Wadsworth to come back with his recommen- dation. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Utilities Dept. - Opening of Bids - Labor & equipment to install approx. 4,625 of 12" PVC pressure pipe and appurtenances - City Clerk Martinez certified that bids were received from the following: Barnes Excavating Industries; Parnell Well Drilling; Volusia Construction Co.lnc.; A.R.I. Contracting Inc.; Tri Sure Corporation; and "Unidentified envelope". She opened the bids and read the totals. Barnes Excavating Industries - $16,199.04; Parnell Well Drilling - $36,868.75; Volusia Construction Co. Inc.- $38,442.30; A.R.I. Contracting Inc.- $43,122.60; Tri Sure Corporation - $26,278.00; and the unidentified envelope was Flaherty Construction Co. - $41,352.78. Mr. Red Parnell, Parnell Well Drilling, asked if bonds were attached to all the bids. City Clerk Martinez said she thought there were and one had a check. Mayor Baugh suggested these also be turned over to Terry Wadsworth for his recommendation. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes May 6, 1985 ~ o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Public Works DeptrOpening of Bids - soil cement and tack coat for new construction of four streets - City Clerk Martinez certified that bids were received from the following: D & W Paving, Inc.; Halifax Paving Inc.; and Martin Paving Company. She opened the bids and read the totals. D & W Paving, Inc. - $76,440.00; Halifax Paving Inc. - $159,600.00; and Martin Paving Company - $77,280.00. Councilman Asting asked if this is for the 2.3 miles and City Clerk Martinez replied that it's per specifications. Mayor Baugh suggested this be turned over to the Public Works Department for recommendation. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Public Works Dept.- Request to purchase galvanized steel pipe - City Clerk Martinez read the April 19th memo from Earl Copeland, Superintendent, in which he requested permission to purchase steel pipe under County bid in the amount of $6,841.60. Mayor Baugh asked if funds are available and City Clerk Martinez replied that they're budgeted items. Councilman Rotundo moved to purchase these galvanized pipes. Councilman Asting seconded the motion. Motion CARRIED 5-0. Fire Dept. request for check for $2,000.00 budgeted for fireworks - Mayor Baugh stated the request is for the $2,000.00 check. Councilman Asting moved to authorize the expenditure of that money for the annual fireworks display and it's not in excess of anything they've had in the past. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Parks and Recreation Board - Menard-May Park plan adjustment recommendation - City Clerk Martinez read the April 22nd memo from Kirk Jones, Chairman of the Board, requesting that the plans be adjusted for fencing or a barrier between the launch area and play area, and that David Garrett be given the authority to make the necessary changes. City Clerk Martinez pointed out that this subject was discussed at the last Council meeting and it was turned over to the City Attorney for his review. City Attorney Alvarez said he can continue with it and he'd like to review it. Mayor Baugh stated that they will turn it over to the City Attorney to incorporate it with what he's doing now and bring it back to Council. Parks and Recreation Board - recommendation re: usage fees and waiver deter- mination of City-owned facilities - Councilman Asting pointed out that to break even with the costs they'll have to increase the user fee by 32%. City Clerk Martinez pointed out that the schedule used currently was adopted by motion of a former Council. Councilman Prater moved that they accept these recommendations. Councilman Rotundo seconded the motion. Mayor Baugh advised the public that a copy is available in City Hall if they want to review it. Motion CARRIED 5-0. City Clerk Martinez asked the effective date. Councilman Prater moved to make it effective June 1st. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Parks and Recreation Board - recommendation to hire a City Planner - City Clerk Martinez read the April 24th memo from the Board in which they recommended the City hire a City Planner. Councilman Asting moved to TABLE this. Councilman Inman seconded the motion. Motion CARRIED 5-0. Parks and Recreation Board - letter of thanks to Parks and Recreation Dept. employees - City Clerk Martinez read the April 22nd memo from Kirk Jones, Chairman of the Board. Councilman Asting moved that a copy be placed in each Parks and Recreation Department worker's personnel file. Councilman Rotundo seconded the motion. Mayor Baugh suggested the public go out to see it as it's a wonderful job. Motion CARRIED 5-0. Councilman Inman stated that they need to establish some rules and regulations at the ball park because he saw children outside of the wall of the scoring room on the pitched roof. He noted that this is a safety hazard plus they'll need a new roof if this continues. City Clerk Martinez said they'd discuss it at the department head meeting the next morning. -4- Council Regular Meeting Minutes May 6, 1985 -- o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES' (Continued) Parks and Recreation Board - term ex irations of two Board members - resi nation of Louise Begel - City Clerk Martinez read the memo regarding the resignation of Louise Begel. Mayor Baugh recommended they accept this resignation and send her a letter of thanks. Councilman Prater so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. Parks and Recreation Board - term expirations of two Board members - request for reappointment from Barbara Curry - City Clerk Martinez read the April 16th letter requesting reappointment. Councilman Inman moved that they accept her request to be reappointed. Councilman Prater seconded the motion. Motion CARRIED 5-0. Parks and Recreation Board - appointments to fill two vacancies due to expired terms - Councilman Asting moved that Bonnie Gilchrist be appointed to the Board. Councilman Prater seconded the motion. Motion CARRIED 5-0. Councilman Asting pointed out that they have an application from Kim Stevens and he'd like Council to consider her when the next vacancy occurs on this Board. Citizen Code Enforcement Board - term expirations of two Board members - request for reappointment from James Richardson - City Clerk Martinez read the letter from James Richardson in which he requested reappointment to the Board. There were no comments from Council. Citizen Code Enforcement Board - term expirations of two Board members - request for reappointments from Lois Kane - City Clerk Martinez read the April 29th letter from Lois Kane in which she requested reappointment to the Board. Councilman Asting mvoed to reappoint Lois Kane. Councilman Prater seconded the motion. Motion CARRIED 4-1. Councilman Inman voted NO. Citizen Code Enforcement Board - appointments to fill two vacancies due to expired terms - Councilman Asting moved to appoint Mary Ciccarrello to the Citizen Code Enforcement Board. Councilman Inman seconded the motion. Motion CARRIED 4-1. Councilman Rotundo voted NO. COMMUNICATIONS Request for $200. contribution for next budget year for "Meals on Wheels" program - City Clerk Martinez read the April 8th request for $200. in the next budget year. Mayor Baugh pointed out that they do a fantastic job in serving the people in the community. Councilman Asting moved to grant the request. City Clerk Martinez pointed out that they shouldn't appropriate funds they don't have. Councilman Asting restated his motion to grant the request in accordance with the letter. Mayor Baugh asked if that would be at the budget hearings and Councilman Asting agreed. Councilman Inman seconded the motion. Motion CARRIED 5-0. The Edgewater Business & Professional Association, Inc. request for volunteer commission to develop progressive growth plan for City - Councilman Asting moved to refuse this request to establish a commission at this time on the grounds it would overlap some of our existing boards, namely Planning and Zoning Board and Industrial Development Board. Councilman Inman seconded the motion. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Ord. 85-0-8 Permitting and regulating dish type satellite antennas - City Attorney Alvarez read this Ordinance and stated it's first reading. ORD. 85-0-8 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PERMITTING AND REGULATING THE USE OF DISH TYPE SATELLITE SIGNAL RECEIVING STATIONS; PRO- VIDING THAT STATIONS BE GROUND OR ROOF MOUNTED AND INSTALLED BY A LICENSED T. V . TECHNICIAN; PROVIDING THERE BE NOT MORE THAN ONE STATION PER RESIDENTIAL BUILDING OR CONDOMINIUM ASSOCIATION; PROVIDING THAT STATIONS SHALL NOT BE LINKED TO RECEIVERS WHICH ARE NOT LOCATED ON THE SAME LOT AS THE STATION; PROVIDING THAT STATIONS WHEN ROOF MOUNTED OR ON TOWERS AND SIMILAR FORMS OF STRUCTURAL SUPPORT SHALL BE SUBJECT TO ALL STRUCTURAL REQUIREMENTS OF THE BUILDING AND ELECTRICAL CODE; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. -5- Council Regular Meeting Minutes May 6, 1985 o o ORDINANCES AND RESOLUTIONS (Continued) Ord. 85-0-8 Permitting and Regulating dish type satellite antennas (Cont'd)- Councilman Asting stated that he was told there's no such thing as a licensed TV technician and he thinks it should be changed to read qualified TV technician and it would be up to the homeowner to determine if the man is qualified before having it installed. Councilman Rotundo said the word licensed is all right but it wouldn't be an occupational license. City Clerk Martinez agreed they might not be licensed with the City and it would be up the owner to pursue this. Councilman Inman said he was told they do have licensed TV technicians. Councilman Asting again suggested they change the word to qualified. No Council member expressed an objection. Councilman Asting pointed out that the person doing the installation has to meet the codes. Councilman Inman moved to accept Ordinance 85-0-8 as corrected. Councilman Asting seconded the motion. Motion CARRIED 5-0. Res. 85-R-16 Appointing two members to Parks & Recreation Board - City Attorney Alvarez read this Resolution and inserted the names of Barbara Curry and Bonnie Gilchrist with terms to end May 7, 1988. Res. 85-R-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO MEMBERS TO THE PARKS AND RECREATION BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Inman moved to adopt Resolution 85-R-16. Councilman Asting seconded the motion. Motion CARRIED 5-0. Res. 85-R-17 Appointing two members to Citizen Code Enforcement Board - City Attorney Alvarez read this Resolution and inserted the names of Lois Kane and Mary Ciccarrello with terms to end May 18, 1988. Res. 85-R-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO MEMBERS TO THE CITIZEN CODE ENFORCEMENT BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESO- LUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Prater moved to adopt Resolution 85-R-17. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS 911 Dispatch Agreement with City of Oak Hill - Councilman Asting asked if the agreement had been received by the City and City Clerk Martinez replied it has not. Attorney Henderson thanked Council for rearranging their schedules for this important business. He introduced Mayor Goodrich of the City of Oak Hill and Clyde Mann, former County Councilman, who were seated in the audience. Attorney Henderson commended Mayor Baugh for working with Mayor Goodrich and Mr. Mann and coming up with language that he feels will bring it to a resolution. He stated that less than an hour earlier the Oak Hill Commission passed a motion on an offer of agreement and it was signed by the Mayor and attested to. He distributed copies of the agreement to Council members, and asked Clyde Mann if this meets with his approval. Mr. Mann nodded approval from his seat in the audience. Attorney Henderson stated that he gave the City a check for $9,000. for the agreement to dispatch and also the $750. for the price for the insurance and he feels they showed good faith in attempting to work with the City. City Attorney Alvarez stated that he met with Clyde Mann on Thursday morning at an unplanned meeting in City Hall and Mr. Mann gave him a copy of some language he suggested in lieu of the existing language and his response to Mr. Mann was that it was up to the Council. He added that he told Mr. Mann that his position is that they had an agreement executed by the past City Council and he advised the Council it should be executed by Oak Hill and upon the execution they could have 60 days to renegotiate a substantial agreement thus providing tim~ but this last minute presentation of an agreement is not the way he wants to undertake this matter. He said in reference to the language proposed by Mr. Mann, he didn't want to comment at this time, and he made his position clear that it's pending the agreement and then they can negotiate. He added that in preparation of the agreement, he looked at what he feels is the best protection for the City and after several meetings he learned of the factual operations of the system and actual performance on a day to day basis, and based on what he learned he doesn't think it's an operation in the best interest of Edgewater. City Clerk Martinez agreed she doesn't feel it's in the best interest. City Attorney Alvarez asked Sergeant Lenz if he feels it's in the best interest of the City and Sergeant Lenz replied no, he doesn't feel it's in the best interest. -6- Council Regular Meeting Minutes May 6,1985 o o UNFINISHED BUSINESS (Continued) 911 Dispatch Agreement with City of Oak Hill (Cont'd) - Attorney Henderson thanked them and said the equipment provided to the City was provided by the County and part of it was with the understanding that this would be to serve Edgewater and Oak Hill and it went in as a County-wide program. He said any hint or discussion to cut off the program is not in the best interest of the County and they have an obligation to protect and support the citizens of the County and the community. He added that the County put forth language that would be in the best interest and is very important and if there's an operational level problem they can work that out. He noted that he'd heard there were problems with dispatching to Oak Hill. Mayor Goodrich said he'd like to see the agreement he gave the City approved. Councilman Astingasked Council members if they felt they should further study this and have a Special Meeting on what the decision will be. Mayor Baugh pointed out they only have until the 15th of this month and the County has to know about switch over as it will take a few days. Attorney Henderson. pointed out that the County provides for the Fire Department. Mayor Baugh stated the County would have to do the switch over to central. City Attorney Alvarez pointed out that the agreement is not only for 911 but for regular dispatching and everyone, especially the City Council of Edgewater, has been extremely concerned about this situation and the proof is that for approximately 7 months this City has provided the service without an agreement at the sole risk of the taxpayers of Edgewater and a check was just tendered a few days ago and when you go back to July 27, 1984, it indicates that Edgewater bent over backwards. He questioned how long they'll go on exposing the City. He noted that the agreement was signed by the past Council but was not turned over to our City and they need to know who's responsible for that. Attorney Henderson said they tendered the amount agreed on and each of them took an oath of office to support the Florida Constitution and the laws of the State and for him to recommend to Oak Hill to indemnify acts of misfeasance, malfeasance, or nonfeasance would be for them to abrogate public trust and public office. He added that it's their Constitutional duty not to work under that language which would be contrary to the oath of office they each took. City Attorney Alvarez read an excerpt from a newspaper article which stated there were several mistakes in handling of the dispatching duties in recent months and those mistakes will be costly if Edgewater is released from any liability, according to Clay Henderson's remarks. Councilman Asting pointed out that Edgewater has provided 911 service since October 1, 1984, with no protection for the City and that was at a great legal risk and if Oak Hill was interested in providing mutual working conditions they would have signed the agreement or brought it to Council's attention regarding the wording they objected to, but he had no indication there was any objection to the wording on the original agreement. Mayor Goodrich stated that when the City hired Clay Henderson he brought to their attention that he didn't like the three words in the contract. Councilman Asting asked how long Attorney Henderson has been their City Attorney and Attorney Henderson replied it's been about a year. Councilman Asting said the agreement was less than a year. Attorney Henderson said it was brought to his attention when it was sent back to Oak Hill and. he told everybody he objected since that time. Councilman Asting said the first he heard of any objection was when Attorney Henderson and Mayor Goodrich appeared before Council about a month ago. Attorney Henderson said he'd take that responsibility. Councilman Asting again stated that he didn't know of any objection until about a month ago when they appeared before Council. Attorney Henderson said he can't take responsibility for the City's staff not passing information along to Council but they've been communicating their objections to this for some time. City Clerk Martinez stated that she called the City Clerk of Oak Hill on numerous occasions to find out the status and was advised they'd get back with her. Attorney Henderson said they can look at Oak Hill's agendas for the last six months and know they've been discussing it and they'll meet any time to work it out but the risks are too great and they made the payment. -7- Council Regular Meeting Minutes May 6, 1985 o o UNFINISHED BUSINESS (Continued) 911 Dispatch Agreement with City of Oak Hill (Cont'd) - Attorney Henderson stated that the new amendment says they're responsible for each of their own mistakes and it's the law of the State as it pertains to negligence. He added that they don't want to indemnify Oak Hill for their mistakes and they can't indemnify Edgewater for their mistakes. Councilman Asting pointed out that Council hadn't had a chance to review the change that was proposed and he suggested they take additional time to digest it and have a Special Meeting of Council to discuss the matter and see if they want to go along with the change and sign the agreement with the change. He moved to TABLE this matter and have a Special Meeting this week, probably Thursday, with the City Attorney present, to go over this among themselves. Mayor Baugh asked Councilman Asting if he wants to include the Mayor and a representative of Oak Hill and Councilman Asting agreed they could come if they wish to. Attorney Henderson said they can have their entire City Commission present and he recommended they invite representatives of the County. Councilman Asting clarified that his motion did not include a joint meeting with the entire Commission, but Attorney Henderson and Mayor Goodrich can attend if they wish to. Councilman Inman seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked for a time for the meeting and it was agreed to meet on Thursday, May 9th, at 3:00 PM in the Community Center. NEW BUSINESS There was no New Business brought up at this meeting ADJOURN Mayor Baugh asked for a motion to adjourn. Councilman Rotundo seconded the motion. 8:45 PM. Councilman Inman so moved. Meeting was adjourned at Minutes submitted by: Lura Sue Koser .-;6 F -F F -h 7lC~\~ ~ COUNCILMAN' ONE THREE ATTEST: ~ 4"~ CITY CLERK Approved this~day of z: (' 198L MR OR (~ ~ ~~'/~~L-- (;9 NCILMAN - ZONE FOUR db--d' V -8- Council Regular Meeting Minutes May 6, 1985 -