Fort Walton Beach Council minutes — 04-10-1990 Regular — reading text

Media CALL TO ORDER The Mayor called the meeting to order at 6: 00 p. m. INDUSTRIAL PARK BID The Mayor announced the motion on the floor is a motion to rescind the award of the bid to Bill Stone. Mr. Smith moved to postpone consideration of the pending motion until 6: 30 p. m. in order to handle the other items on the agenda. Motion was seconded by Mr. Merriwether. Mr. deVaux requested the pending motion be postponed until 6: 30 p. m. or sooner. Mr. Smith and Mr. Merriwether both accepted that amendment to the motion. The Mayor called for the vote on the motion, as amended, and it carried unanimously, with Smith, Rosenbaum, deVaux, Wyatt, Maney, Merriwether, and Wyninegar in favor. MOORE, KESSLER & MOORE Mr. Smith moved that the two invoices from Moore, INVOICE - THORNBER Kessler & Moore in the total amount of $ 5, 640. 30, for ET AL VS. CI'lY legal services, be approved. Motion was seconded by Mr. Merriwether.  233 4- 10/ 11- 90 K> ORE INVOICE ( CONT.) The City Manager said he was requested to provide the figures on attorney fees for Moore, Kessler & Moore since July. He said through January. the legal fees were $ 13, 483. 43; on the agenda tonight is $ 5, 640. 30; the City has just received the March statement which is for $ 4, 207. 85; for a total of approximately 23. 500. 00. I Mr. Merr:iwether said Council has been talking about this since he has been on Council and different facts were brought out that they could not settle it because it was going to cost too much money; nOli1 they have spent another $ 23, 000 in legal fees. He wished to know what it is going to take to settle this issue. He said he has been involved in legal issues over the years and the best way to solve it is to get out quick, no matter what it cost. Mr. Smith asked if the City Manager called to find out what it going was to take to get to the next year, if it was postponed. The City Manager said the matter is scheduled to go before the Supreme Court in early May. Mr. Smith wished to know if there were going to be any other expenses between now and then. The City Manager said that depends on whether or not anything is filed by one side, then the he said he other side; could not give a figure, there was a ballpark figure given last July of $ 1, 000. Mr. Smith remarked that is 22, 000 later. Mr. Rosenbaum remarked $ 10. 000 back it was $ 5, 000; and Mr. Smith said that thought is what he it was. Mr. Rosenbaum said he agreed in 1987 when he agreed, and came on Council, and nothing has changed; Council wanted out then under that philosophy. Mr. Merriwether said " let' s get out." The City Manager said he would need instruction from Council, if they are interested in settling, to start the ball rolling, without announcing figures at the meeting tonight; to ask the attorney to talk to the other attorney about settling. Mr. Rosenbaum said he didn' t have any problem with that. Mr. Merriwether said there is no figure that is going to be reasonable, the City just needs to get out. Mr. I deVaux wished to know if it would be proper for one of the Council members to discuss it with the three people who are suing, rather than attorneys. The City Manager said it would be more proper for the City Manager, but he thought it should be the attorneys. Mr. Smith said there is a motion, and Council can either vote to payor not to pay. and they have billed the City so they have no choice. 234 4- 10/ 11- 90 mORE INVOICE ( CONT.) Mr. Rosenbaum said his reference to $ 10, 000 back. a question was asked of the law firm representative how much more the City is going to spend, and he remembers the ballpark figure of $ 5, 000; that was at least 10, 000 back, it may have been more. Mr. Smith said he would like to postpone the motion until the City Manager can find in the minutes the amount of the ballpark figure that was given. Mr. Smith then withdrew his motion. Mr. Merriwether moved that the City Attorney start the ball rolling as far as settling this issue. Motion was seconded by Mr. Rosenbaum. The City Attorney said he is not involved in the case, it should be the City Manager. Mr. Merriwether amended the motion that the City Manager start the ball rolling as far as settling this issue. Motion was seconded by Mr. Rosenbaum and carried unanimously, with Smith, Rosenbaum, deVaux, Wyatt, Maney, Merriwether, and Wyninegar in favor. MOTOR GRADER REPAIR Mr. Merriwether moved that Thompson Tractor Company, Inc., Mobile, Alabama, be awarded the contract to repair the Caterpillar Motor Grader for approximately 5, 038. 43. Motion was seconded by Mr. Maney and carried unanimously, with Smith, Rosenbaum, deVaux, Wyatt, Maney, Merriwether, and Wyninegar in favor. 44, 000 LB. CAB- CHASSIS Mr. Merriwether moved that the 44, 000 Cab/ Chassis Bid BID be awarded to the low bidder meeting specifications, Gulf Coast Truck and Equipment, Mobile, Alabama, for a total