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03-18-1985 - Regular u o CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 18, 1985 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:00 P.M. 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' Alvarez City Clerk Connie Kinsey Sergeant William Lenz Present Present Present Present INVOCATION, SALUTE TO THE FLAG Reverend Zimmerman of the Edgewater United Methodist Church gave the invocation. There was a salute to the flag. APPROVAL OF MINUTES Special Meeting & Workshop of February 28, 1985 - Councilman Asting moved to approve the minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. Regular Meeting of March 4, 1985 - Councilman Inman moved to accept the minutes of March 4th. Councilman Asting seconded the motion. Motion CARRIED 5-0. Special Meeting & Workshop of March 6, 1985 - Councilman Prater moved to accept the minutes of the meeting of March 6, 1985. Councilman Rotundo seconded the motion. Motion CARRIED 4-1. Mayor Baugh voted NO due to absence from that meeting. BILLS AND ACCOUNTS Councilman Asting moved to pay the bills. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey stated that there was one supplemental bill and a memo from Sergeant Lenz regarding a purchasing discrepancy that was discovered during the process of straightening out the purchasing matters in the Police Department. She noted that the bill was authorized to Dick Cook's Garage by Chief Betts in the amount of $140.00 for the repair of unit #307 but a purchase order was not obtained. Councilman Inman moved to pay this amount of $140.00 to Cook's Garage. Councilman Prater seconded the motion. Councilman Asting asked if a purchase order was issued for this work done and City Clerk Kinsey replied it was not. Motion CARRIED 5-0. MISCELLANEOUS John Gross, 404 North Riverside Drive, said he had a meeting with New Smyrna Beach and brought up evidence of the ridiculous attempts and silly ideas of the City Attorneys. He said there's a meeting this Thursday with New Smyrna Beach and he'd like a workshop with Council after that. No Council member expressed an objection. Mayor Baugh stated that there's a meeting scheduled for next Thursday, March 28th, at 2:00 P.M. regarding the trash incinerator and they could add it to that agenda, and no Council member expressed an objection to this addition. Walter Gross, 909 Lake Avenue, stated that he read the auditor's report and thanks the past Council for keeping tight strings on the finances. He noted that there were no exceptions in that report and everything was done right. He said the financial report was a record for the past 20 years and he again thanked the intelligent and dedicated past Council members. He said there's now a change and Department Heads can spend $2,000. without Council approval and there's no time limit, and Council is planning to spend $3,600. that doesn't show in the budget and they made a motion to spend $700. and $150. for coffee and cake. He asked Council to consider what the past Council accomplished and to keep up the good record for the next two years. o o MISCELLANEOUS (Continued) Frank Opal, Florida Shores, spoke on the property at 28th and Roberts Road consisting of 14.3 acres and recommended by Parks and Recreation for about $55,000.00. He noted it's located at the southeast corner of Edgewater and would be of no benefit to taxpayers unless it's contingent on annexation of property south of Edgewater. He said it's an extravagant waste that's not needed when the water and sewer plants are in dire need of expansion for the citizens already here. He stated that they can't use swamp land for drinking water and they'll save money with the fill needed. He pointed out that there are 10 acres west of Air Park Road and they should concentrate on water. Mr. Opal then stated that the Mayor shouldn't resign as Mayor and regret it afterward. He noted that many people were told he wants to be Mayor and nothing else and having petitions out and being surprised and resigning and being made Chief is running according to the script laid out last year. Mr. Opal then asked who authorized the investigation by the State's Attorney of several people in Edgewater. He asked if it was just to shut people up from speaking the truth or to intimidate them. He again asked who ordered the investigation. Mrs. Gigi Bennington, 121 Virginia Street, read a letter signed by the four previous Council members which rebuked the rumors and newspaper statements that they railroaded Mayor Baugh out of his position as Police Chief. She stated that because of continued problems in the Police Department they hired two trained and qualified law enforcement people to conduct an unbiased audit and their report of February 1, 1984, concluded that the Police Depart- ment is suffering from a lack of departmental leadership that resulted in fragmentism and fractionalism among the employees, lack of discipline and disciplinary standards, an ongoing practice of violating the standards of good organizational principles, the absence of internal control and inspection activities, total lack of written directive system or formal means of communi- cation with the employees and inadequate to nmexistent inservice training programs. She added that the 76-page report cites numerous other problem areas and for those reasons and many others they dismissed Earl Baugh as Chief. She referred to the recent News & Observer article which quoted Earl Baugh as saying he had no intention of getting his old job back. She said Mr. Baugh was duly elected Mayor and those who voted for him have every right to expect him to complete his term and it would be a breach of trust should he resign and be reinstated as Police Chief. She continued reading that they earnestly request that the members of Council continue with action started and advertise for a Chief and interview and hire the best qualified person from the outside, and let the Mayor be the Mayor. She said they had questions about any consideration given to a petition reinstating Mr. Baugh and wonder as to the motives of the indiv- iduals who instigated it. She asked what businessman would give serious thought to an individual already terminated twice from the same position and for the same reason. She said with a federal lawsuit now filed regarding the Police Chief's position, they questioned what additional jeopardy the City would face by appointing anyone to the position at this time. She said they felt a public forum would better serve the City at this time. Marvin Owens, a member of the Fire Department, asked about a burn ordinance for the City. City Clerk Kinsey stated that it was after the agenda closed and they'll research it and have it for the next meeting. COUNCIL/OFFICERS REPORTS,BOARDS AND COMMITTEES City Council Reports - Councilman Asting said the garage sale business seems to be getting out of hand and he's had complaints about one resident having a garage sale about every weekend and he thinks they should have some control over it. He suggested that the City Attorney prepare a draft ordinance with the licensing fee of $2.00 for two days and that the license be issued to a single residence,limit of two a year and he so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes March 18, 1985 u o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Attorney Reports - City Attorney Alvarez stated that he received a memo from City Clerk Kinsey regarding the parking situation at 105 South Ridgewood and he could report on it now rather than later on the agenda. He noted that the situation pre-existed and the Council has been faced with similar problems and in the past the Council has authorized licenses subject to when the problems should develop in the future, such as with the First Stop restaurant and McGoon's on Park Avenue. He stated that if Council wants to they can proceed with the license if no other problem arises. Councilman Asting said he feels the license should be issued since it would appear to conform to the grand fathering in of such business since there was nothing prior to the ordinance establishing the parking places and he made that into a motion. Mayor Baugh clarified that the motion is to allow the business to operate. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Jane Stewart, owner of the business, said she was already issued a permanent license on February 27th and she displayed a copy of the license. She asked why she's being told at this meeting that she can operate her business when she already has the license. Mayor Baugh noted that there was a question at the last Council meeting from the Deputy City Clerk regarding the license. Councilman Asting added that the parking was in question. City Attorney Alvarez stated that there was a memo from the Deputy City clerk questioning the 500 square feet which required 2.5 parking spaces and she felt Council should look into the licensing. William Cichewicz, from the audience, said he thinks his tenant is being harrassed and Mayor Baugh pointed out that the license has been issued. Mrs. Stewart said she was embarrassed when she called the newspaper to do a feature story on her new business and was told by the reporter that she felt she should wait until after this Council meeting since a temporary license was issued. She said she felt it was unfair because the license was already issued to her. City Clerk Kinsey stated that the Code wording is that a license can be suspended or revoked by Council at any time but they're issued on a permanent nature and are subject to review by Council which was what happened in this instance. City Attorney Alvarez said he understood Council was served notice and asked if Council wants him to take any action. Mayor Baugh suggested a meeting as soon as they can review it. City Attorney Alvarez noted that he'd been advised this would be served and they have twenty days from this date to answer. There was a discussion about dates available for a meeting and it was agreed to meet on Monday, March 25th at 3:00 P.M.to discuss the papers just served regarding Mr. Betts. Councilman Asting moved that the City Attorney proceed with it and Councilman Inman seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez suggested that he meet with the insurance carrier to discuss the matter and as soon as they have something to present to Council he will but he doesn't know if it would be ready by next Monday. He noted that he'd contacted the carriers last week and they'll have to contact their home of ice and he'll have to meet with someone to discuss the various issues raised and then can report back to Council. Councilman Asting said he'd like to discuss it with the City Attorney at an opportune time. City Attorney Alvarez stated that it's in the best interest of defending any lawsuit to review it individually and send individual reports because if they sit down at an open meeting and discuss the information, something might come out that won't make it easy to defend and he'd prefer to continue with litigation. Councilman Asting asked the City Attorney about his thoughts of a counter suit and City Attorney Alvarez said that possibility is a real one and in this type of litigation it's a two-way street and the prevailing party is entitled to attorney fees and costs. Councilman Asting asked if assessmenffi could be made against people supporting the suit and City Attorney Alvarez said he's not come across a situation like that but those paying for it would be those bringing suit. City Attorney Alvarez said as litigation develops, if he feels a need to make changes he'll advise Council and request any changes, but for now he prefers to make contact with the insurance company and review it and report to Council on a one-on-one basis on an attorney-client privilege. Mayor Baugh pointed out that the meeting for Monday, March 25th, would not be necessary. -3- Council Regular Meeting Minutes March 18, 1985 u o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Clerk Reports - City Clerk Kinsey stated that she had a memo from Sergeant Lenz requesting an addition to the Police Rules and Regulations. She noted that the initial Rules and Regulations were approved by Council motion on April 2, 1984, and Council approval would be necessary to include these requested additions in the current manual. Councilman Asting moved that these changes be incorporated in the Police Manual. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey stated that Council members had read the report from David Garrett regarding the 14 acres and Council approval or disapproval is necessary to proceed at this time. Councilman Asting moved to go ahead with the plan to obtain the land. He pointed out for the audience that this money has been collected from contractors for recreational purposes and land for recreational use and it can only be used for these purposes. Councilman Prater seconded the motion. Councilman Rotundo noted that if this land is on the north side of Roberts Road, it isn't swamp and won't need fill in it. Motion CARRIED 5-0. At this point in the meeting, Councilman Asting asked Mayor Baugh to control Walter Gross's comments in the audience or have him ejected from the meeting. Mayor Baugh advised Mr. Gross of the request and Mr. Gross stated that he can't hear Councilman Asting most of the time. City Clerk Kinsey stated that there were three serious accidents due to broken glass being placed in plastic bags or unmarked containers and they put a message on the water bills to ask citizens' assistance but perhaps they need an amend- ment to the garbage ordinance that would specifically address the problem and have a penalty if it's violated. She noted that Council authorization would be necessary to amend the garbage ordinance. Mayor Baugh pointed out that Earl Copeland has already requested this and they need to amend it to include a penalty if this is done and also to know what to do about putting glass in a box or container and marking it so it won't cut someone. Councilman Prater moved to go ahead with this and amend it to read as the Mayor stated. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey stated that Earl Copeland has requested permission to go out for bids for one standard farm tractor with a sweepster attached as they dis- cussed at a previous meeting and Council authorization is needed for this. Councilman Inman so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey stated that the Mayor and City Attorney from Oak Hill are planning to arrive later in the meeting to discuss the 911 dispatch agreement between the two cities and asked if it could be brought up later. She noted that Oak Hill had a Commission meeting tonight. Mayor Baugh asked if any Council member had an objection to bringing it up later and no Council member expressed an objection. Merit Board recommendation on job description and pay grade for Lieutenant's position - City Clerk Kinsey read the March 12th memo from the Secretary to the Merit Board which recommended that the previous job description for Deputy Chief be used for the Lieutenant's position and that the pay grade be at step 16. Councilman Inman moved to accept the report of the Merit Board intact. Councilman Asting seconded the motion. Motion CARRIED 5-0. Councilman Asting asked if the tests have been requested for this position and City Clerk Kinsey stated that Mr. Lary of New Smyrna Beach Personnel Department has offered to do all the testing and scoring and then return the results to us for a nominal fee. She noted that the tests aren't available to private individuals and the fee would probably be about $10. to $12. per person and Mr. Lary gives the tests for the City of New Smyrna Beach. -4- Council Regular Meeting Minutes March 18, 1985 u v COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Utilities Dept. request to purchase three vehicles under State bid - City Clerk Kinsey read the March 14th memo from Mr. Terry Wadsworth requesting authorization to purchase three pick up trucks under State bids. Councilman Asting moved to grant the request. Councilman Prater seconded the motion. Motion CARRIED 5-0. Building Official recommendation re: model homes - City Clerk Kinsey pointed out that this subject was discussed for quite some time and there is no model home ordinance now. Councilman Prater questioned the first item on the memo regarding erecting a model home in residential areas and stated that he doesn't agree with that. Mr. Dennis Fischer, Building Official, said the contractors want their models in the areas in which they plan to construct the other homes. Councilman Prater pointed out that these homes are already built and the model home is actually doing business. Mr. Fischer noted that item number three will cover when office equipment is used and it has to be in the area where they're offering homes. Councilman Prater stated that a model home isn't for sale and he doesn't think they should scatter model homes all around the City, and noted that it would be B-2 zoning. Mr. Fischer said the question arose if office equipment would be allowed and Council would make that decision. Councilman Prater said a new area being developed could have a model home in that area for sales there but not in a residential area. Councilman Asting questioned item number four regarding off street parking. Mr. Fischer noted that the average home is 1,200 feet and it would be six parking spaces and there's no provision for on street parking and using this as a criteria it could be lowered or raised. Councilman Inman asked if the model homes are approved and compatible to homes in the surrounding area. Mr. Fischer replied that most generally the model home will be the best quality because it's a showroom and it would be a single family dwelling sold in the future. Councilman Asting asked if it would conform to the zoning laws and Mr. Fischer replied that it will conform to all building codes. Councilman Rotundo said he feels it's a "can of worms" and they'll have model homes allover the City and it's not fair to the realtors who have to work in buildings. Mayor Baugh agreed it's not fair to the realtors or the citizens who live there to have a model home because they'll have vehicles coming in and out of there and they have home occupational licenses that forbids people from taking the vehicles home. Mayor Baugh noted that those on Indian River Boulevard have businesses and office equipment and secretaries there. He added that it would cause a lot of traffic and it's not fair to the citizens. Mr. Fischer stated that the reason for the draft is that builders have asked for some kind of guidelines in the offer and sale of homes and the previous Planning Commission had recommended it and the previous engineers. Councilman Asting said he objected to those on Indian River Boulevard and Wildwood with office equipment and they could have sales representatives there but no~ businesses being conducted in the model homes. He suggested that Mr. Fischer visit these businesses and require the office equipment to be moved. Mr. Fischer asked if Council doesn't want any office equipment and Councilman Asting said that's how he feels. Mayor Baugh stated that they shouldn't conduct business there but they can staff it for open house. Councilman Asting suggested that Mr. Fischer redraft it and resubmit it to Council and Mr. Fischer agreed he would. Police Dept.- Addendum A to 1984-85 Police Benevolent Association labor agreement _ City Clerk Kinsey stated that the addendum would be effective April 1, 1985 and she received this date the confirmation from the Police Benevolent Association that the bargaining unit members voted to ratify the return to the platoon system and Council needs to agree or disagree with their ratification. Councilman Inman moved to accept Addendum A for the P.B.A. agreement, effective April 1, 1985. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes March 18, 1985 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Rescue invitation to attend Open House March 24, 1985 - Mayor Baugh pointed out that the date had been changed to Saturday, March 23, 1985. City Clerk Kinsey read the invitation letter from Mrs. Olds, President of EVER. Councilman Asting noted that this building was constructed and donated by the Edgewater Rotary Club for the use of the Rescue squad in its service to the citizens andaletterof thanks should be sent to the Rotary Club for this donation. He added that the building is valued at about $37,000. and it didn't cost the City a cent and he made that a motion. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Mayor Baugh suggested that everyone come out for the dedication of the building. COMMUNICATIONS Constable Realty request re: abandoning a portion of the right of way, Park Street- City Clerk Kinsey read the February 27th letter from Mr. Jack Patrick of Constable Realty which requested the City submit a letter stating they had no objection to the abandonment of Park Street which is adjacent to 35th Street. Councilman Asting stated that he feels the abandonment of Park Street would permit driveways to be built across it to the City's 35th Street and they'd have access to the streets in Florida Shores and he doesn't go along with the request. Mr. Patrick pointed out that there's a planting strip there and he thought legally the people didn't have the right to go across the strip and they're now going onto the man's property and dumping on it and he wants to fence it. Councilman Asting noted that the City put up a barrier and Mr. Patrick said they're going around the barrier. Mayor Baugh noted that the City is keeping the six foot buffer and the County is doing the abandoning. Councilman Asting stated that nothing stops the people from building driveways and entering Florida Shores on 35th Street. Mr. Patrick questioned if they can legally build a driveway and Councilman Asting replied that supposedly there's something to stop them. Mayor Baugh asked if there's anything there except a dumping area and Mr. Patrick said there's a road from there to Volco Road. Councilman Asting pointed out that it's in the County and the Sheriff's Department patrols it and if the man fences his property off, they should handle it. Mayor Baugh noted that they're going across the buffer to dump and if they put a fence along the six foot easement the City has, it would prevent the people from dumping there. Councilman Asting moved to reject the request and to notify the County they object to vacating Park Street. Councilman Prater seconded the motion. Motion CARRIED 5-0. Arnold DeCosimo and D. G. Gruber request to park camping trailer on site during home construction - City Clerk Kinsey read the March 11th request to park a camping trailer on Guava Drive during construction of a duplex. Mayor Baugh noted that under Chapter 18 of the Code they can do this during home construction. Councilman Asting pointed out that they granted permission in the past but he questioned the disposal of waste and wastewater. Mr. Douglas Gruber said that Mr. DeCosimo lives at Riverwood and they'll use the dumping station there. Councilman Prater asked the amount of time they expect to use the trailer and Mr. Gruber said it would be less than a year. Mayor Baugh pointed out that the permit can only be for three months and is then subject to renewal by the City Council. Councilman Asting moved to grant the request for a period of 90 days. Councilman Prater seconded the motion. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Res. 85-R-lO Reappointing two members to Board of Trustees of Police Retirement Plan - City Attorney Alvarez read this Resolution. RES. 85-R-lO - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REAPPOINTING CITY OF EDGEWATER POLICE DEPARTMENT EMPLOYEES WILLIAM LENZ AND BRET TEITELBAUM AS MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, POLICE RETIREMENT PLAN; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR DUTIES, RIGHTS AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Inman moved to adopt Resolution 85-R-lO. Councilman Prater seconded the motion. Motion CARRIED 5-0. -6- Council Regular Meeting Minutes March 18, 1985 o o UNFINISHED BUSINESS Citizen appointment to Volusia County Areawide Water Quality Advisory Committee for Phase III - Mayor Baugh asked for a recommendation for this committee. Councilman Asting nominated Frank Roe of Juniper Drive as a citizen representative to this board. Councilman Inman seconded the nomin- ation. There were no other nominations. Councilman Asting moved to appoint him as the citizen representative to that board. Councilman Inman seconded the motion. Motion CARRIED 5-0. Application for new business at 105 S. Ridgewood Ave. ,Jane Stewart d.b.a. Nearly New Shop - This item was handled earlier, under City Attorney Reports. NEW BUSINESS There was no New Business brought up at this meeting. Mayor Baugh recessed the Council meeting at of the City Attorney and Mayor of Oak Hill. by Mayor Baugh at 8:25 P.M. 8:15 P.M. to await the arrival Meeting was called back to order 911 Dispatch agreement with City of Oak Hill - Attorney Henderson said he just left the Oak Hill City Commission meeting and they need to resolve the problem with the 911 agreement. He said Edgewater is putting them in a predicament and Oak Hill doesn't have the facilities or capacities to have a 911 system. He stated the contract is fine except for the clause regarding the indemnity which states that Oak Hill will hold Edgewater harmless for its employees' negligent acts, malfeasance and misfeasance in transmitting information, directions or other messages. He said they can't indemnify the City for an act of misfeasance or malfeasance. He stated that they met with the Mayor and City Clerk and the insurance carrier said they have to have an indemnity provision in the contract and Council took the position to cancel the 911 agreement dated March 7th to be as of Friday. He asked Council to prevail and said he'd talked to the insurance agent. Mayor Baugh clarified that the March 7th letter stated the agreement had to be returned or the City would have no recourse but to take necessary measures but they didn't terminate it. Attorney ,Henderson said he didn't get a copy of that letter and Mayor Baugh stated that it was sent to the Mayor of Oak Hill. Attorney Henderson said they want to cover Oak Hill under the City's umbrella but Oak Hill does not feel they can indemnify any action of pure negligence, mise feasance or malfeasance and the insurance company understands that and they should be able to work out some language. He suggested they negotiate with the provision, section D. and strike the last sentence regarding the misfeasance and malfeasance and recognize that this is an endorsement to the City's Police policy. Attorney Henderson said if there's an act of negligence, misfeasance or malfeasance and Oak Hill is going to be liable and the City is covered by the insurance they're sticking out for something they didn't do. City Attorney Alvarez said the point is there will be no negligence for the City of Edgewater and they'll hold the City harmless of negligence of the employees but if they weren't engaged in this transmission of information they wouldn't have had that negligence and they're not issuing the endorse- ment as it pertains to Edgewater but as it pertains to Oak Hill. City Clerk Kinsey noted that the insurance carrier said they had to have the indemnification and hold harmless clause to cover it. City Attorney Alvarez said he came up with this agreement six months ago and it was signed by Edgewater at that time. Attorney Henderson said he felt the cities can work together and Mayor Baugh agreed but said they have to go along with the insurance people and have to take their direction. City Attorney Alvarez noted that they reviewed the clause and approved it. Attorney Henderson said it's clear that Edgewater doesn't want any responsi- bility but the problem is to get an endorsement to the City's insurance policy. Councilman Asting asked for clarification of the section he wants deleted and Attorney Henderson said it's to strike the last sentence of section D. Councilman Asting said he doesn't agree with striking that sentence because an act might be committed and the person would be unaware it's being done. Attorney Henderson said misfeasance or malfeasance would imply intentional and negligence is what he's referring to. City Attorney Alvarez stated that this agreement was prepared with the utmost protection for the citizens of Edgewater. -]- Council Regular Meeting Minutes March 18, 1985 ~ o 911 Dispatch agreement with City of Oak Hill - Councilman Asting suggested the two attorneys discuss it to come up with the wording. City Attorney Alvarez suggested the agreement be signed immediately and then get together to come up with something but they've been waiting six months now. Attorney Henderson stated they cannot sign it in its present form. City Attorney Alvarez stated that the only possible change would be elimination of the word malfeasance and that would be with the approval of the carrier. Attorney Henderson suggested a working committee with the Mayor, the carrier, the two attorneys and the City Clerk to work this out. Mayor Baugh said he had no problem with that and the carrier can tell them what he'll accept. City Attorney Alvarez noted that the carrier will have to send it to the home office which might take two or three weeks. Attorney Henderson said that he'd talked with the carrier on Friday and City Attorney Alvarez said he'd also talked with him on Friday and he said he'd leave it up to the City's legal representative to determine the best interest of the City. He pointed out that the City is the client and if they tell him they want that whole paragraph eliminated he'll have to take it to the home office. He again stated that the language was prepared with maximum protection but it's Council's privilege to cut part of it. He pointed out that they've been working for six months and there's no reason to drag it out. Attorney Henderson again stated that they can sit down and work it out. City Attorney Alvarez pointed out that this agreement has been there for six months and they're talking about more meetings. Councilman Asting asked Attorney Henderson if he'd agree to striking just the word malfeasance and Attorney Henderson said he wouldn't recommend it to the Oak Hill City Commission. Mayor Goodrich, from the audience, indicated it will not be acceptable to them. Attorney Henderson said the problem is just an endorsement to the City's Police policy which covers Oak Hill for 911 but the insurance company doesn't want any other liability that Oak Hill might expose them to and Oak Hill shouldn't be covered under the City's Police insurance. He added that the master policy is the City's Police policy. City Clerk Kinsey noted that's the only way they could get coverage. Attorney Henderson said if they have full indemnification then there's no coverage and they're paying for an insurance policy that's not good for them. City Attorney Alvarez noted that they want all the protection they can get. Attorney Henderson said they should be professional and sit down and work it out in a responsible and reasonable way. Mayor Baugh asked City Attorney Alvarez when he can meet with them and City Attorney Alvarez stated that there's nothing to talk about, they're either going to agree to it or not. Mayor Baugh stated that he feels they can work something out. City Attorney Alvarez stated that he made an offer to strike the word malfeasance but if they take away more, he won't agree to it, but it's up to Council and he suggested they get the agreement signed and then work on amendments later and get some good faith as they're working without anything now. City Attorney Alvarez added that they can't be accused of not being cooperative because they've been waiting patiently and got no response until the City Clerk wrote the letter and it's similar to the response on the picnic tables. Mayor Baugh stated that this has nothing to do with that. Attorney Henderson asked if there was a payment made to the endorsement and City Clerk Kinsey said she didn't think so, but if it was just the insurance it was in the last few days. Attorney Henderson said the payment for the endorsement or for the sum would show good faith. Mayor Baugh noted that the City already paid out the money for the insurance. Councilman Asting suggested they take the advice of the City Attorney and suggested they strike the word malfeasance. Councilman Prater agreed with Councilman Asting that whatever their attorney comes up with they should abide by. Councilman Inman said he agreed with Councilmen Asting and Prater and there's no sense in employing a lawyer if they don't follow his suggestions. Mayor Baugh said he feels they could sit down and work this out to the satis- faction of both parties because it's a service they have to have or have someone get for them and everything is set up here. -8- Council Regular Meeting Minutes March 18, 1985 . . r . o o 911 dispatch agreement with City of Oak Hill (Continued) - Councilman Inman sympathized with Attorney Henderson on his representation of Oak Hill and hopes he realizes they have to have protection but he feels they can work out something to the benefit of both parties. Councilman Asting suggested that if Attorney Henderson wants to make some changes in the wording that he send them to City Attorney Alvarez for consideration and perhaps some- thing might be worked out. Attorney Henderson said if action is taken tonight they'll have to go someplace else but he's used to cities working together in good faith and he appreciates Mayor Baugh's cooperation and being flexible and feels he understands because of his years in the Police Department. City Attorney Alvarez asked if the Resolution 84-R-49 of October 1, 1984, was sent to Oak Hill and City Clerk Kinsey replied it was. City Attorney Alvarez stated that this is the first he's heard of any objection to the wording and it would be simple to strike the word malfeasance and sign the agreement and then make amendments under the protection of the agreement because they've been waiting for the agreement for six months and he doesn't feel it's unreasonable to make this request. Mayor Baugh suggested they take it back to the Oak Hill Commission with striking out the word with the understanding they'll get together to work out details of the contract. He added that they have to have an agreement for the insurance people and if they can get it signed with the word taken out and then have a meeting, they'd accomplish what they want to do. City Attorney Alvarez agreed that then they'd be working under a signed agreement. Mayor Baugh asked if Attorney Henderson would take it back to the Commission and Attorney Henderson agreed he would but they have to have some type of agreement and then make changes. Attorney Henderson asked if it's misfeasance and malfeasance and Councilman Asting suggested it be submitted to City Attorney Alvarez for his consideration. City Attorney Alvarez said it appears the basic objection is misfeasance and malfeasance and he suggested malfeasance be stricken out, sign the agreement, and then try to work it out with the insurance company. Attorney Henderson said he cannot recommend it to Oak Hill with the words misfeasance or malfeasance and he feels it's unreasonable for Edgewater to expect them to indemnify them for misfeasance or malfeasance. City Attorney Alvarez asked his opinion of the words misfeasance and malfeasance and Attorney Henderson said misfeasance is public obligation as a public official. City Attorney Alvarez said malfeasance is an intentional act and that's why he agreed to it and going beyond that is negligence of an employee by an employee for a service they're not obligated to provide. Attorney Henderson said it's obvious they can't work out an agreement and he thanked Council and said the City of Oak Hill hopes to do business with the City in the future. Mayor Baugh asked when the obligation would be stopped. Councilman Rotundo asked Oak Hill's position. Councilman Asting asked if Oak Hill is taking the matter to the Commission. Attorney Henderson said they'll take it to the Commission. Mayor Goodrich said the next meeting is April 8th. Councilman Asting pointed out there may be no change in the position but they should be able to take it to the Commission and then inform Edgewater. Attorney Henderson agreed. There was a discussion regarding a time line for the decision and it was agreed the reply would be by the Friday after the Commission meeting. ADJOURN Councilman Asting moved to adjourn. Councilmen Prater and Inman seconded the motion simultaneously. Meeting was adjourned at 9:02 P.M. ~ COU ~f I OUNCILMAN - ZONE WO ku&Ww"5 COUNCILMAN ~ THR / ~ 7'" "'--) ~. \>i'~ 7(/. ~ff//'A-"L day Of~,198~)OUNCILMAN - ZONE FOUR Jf5 Ldt.~ .r! r;:-. Minutes submitted by: Lura Sue Koser ATTEST: ~ ;/ MAYOR -9- Council Regular Meeting Minutes March 18, 1985 ......