M I N U T E S
WORK SESSION OF MAYOR AND COUNCIL OF AUGUST 2, 2010
Call to Order: The Work Session of Mayor and Council of August 2, 2010 was called to order by Mayor Corine Deyton at 6:00 pm.
Present: Mayor Corine Deyton, Mayor Pro-tem Sparkle Adams, Councilman Donald Judson and Councilwomen Maudie McCord, Linda Lord and Karen-Brandee Williams.
Also present were City Manager John Parker, Director of Finance Mike Blandenburg, Director of Planning, Building and Zoning Steve Pearson, Director of Public Works Mike Gippert, Colonel Tommy Orr, Deputy Director of Recreation and Leisure Services Sharon Smith, Director of Support Services Christine Terrell, Chief Eddie Buckholts and City Attorney Joe Harris.
Agenda Items: Resolution to authorize the City to sponsor and sanction a Health Care and Public Safety Awareness Event within the City - Ms. Williams stated this is up for a vote and hopefully she will have the approval to sponsor this event in her Ward and will consider approving the Resolution.
Ms. McCord
asked why a Resolution has to be adopted.
Mr. Harris stated the reason for the Resolution is due to the liability
of working on private property. He
contacted the City’s insurance agent and was told the only way to be sure the
City’s liability policy would cover this event would be to make sure the City
sponsored the event. Ms. Williams
stated there are a lot of senior citizens in the area of
Ms. Williams stated she is looking at cost effective measures and has done her research obtaining information from City Directors. She stated the cost is minimal, you are looking at entertainment, and she stated it is a free to the public event. She stated we have functions with the City that we collaborate as a whole, but in addition to that, we have different wards that we also are flexible to be able to do different things for our constituents within our ward. She stated it is open to the public and anyone can come
Mr. Parker stated in talking with the insurance agent, he advised that each individual vendor would have to provide their own insurance and the City would require a copy.
Ms. Williams stated in reference to the hold harmless agreement, it is her understanding this event is the opposite of what we do with the City in the park with the vendors that come out. Do we have hold harmless agreements?
Ms. Williams asked the City Attorney if the hold harmless agreement, indemnification, all of that is inclusive in this Resolution. Mr. Harris stated this includes and covers the liability issue as to the City and would not cover vendors. The reason for the liability issue is you are on private property and there is such a thing as premises liability which means that if you invite people onto your property you must have the property safe for use by those invitees. That would apply not only to the City but would also apply to the property owners. He stated we did discuss a hold harmless agreement and when the City allows private parties onto city property, they require a hold harmless agreement. If they use public property, there is always a requirement that there be a hold harmless. If there is a hold harmless request from any of the property owners, Council should know about it. Mr. Harris stated everything as far as the City has been covered, but it does not say anything about us holding them harmless. Mr. Harris stated he would let the property owners be responsible for their insurance and the City would responsible for its insurance.
Ms. McCord stated when we all decided that the Wards go together and do one big event, it was not put in writing and suggested that it be in writing.
Adjournment: Ms. Lord made a motion to adjourn, seconded by Ms. Adams. Voting for the motion was unanimous.
The meeting adjourned at 6:20 p.m.