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September 13, 2007

A special meeting of the City Council to adjourn to Executive Session to discuss litigation.

In attendance were Council members Stacey Cline, Bonnie Enlow, Tony Miller, Faith Portman and Trina Summers.

Mayor Tinnell called meeting to order at 5:04 and asked for a motion to adjourn to executive session to discuss litigation. He thanked Judge Executive Melanie Roberts and Deputy Judge Executive Depp Rasner for attending the meeting. Bonnie Enlow made motion to adjourn to executive session to discuss litigation. Trina Summers 2^nd. Motion carried 5-0. Mayor Tinnell invited the Fire Department Command Staff into Executive Session.

Faith Portman made motion to return to regular session. Stacey Cline 2^nd. Motion carried 5-0.

Mayor Tinnell stated there has been an agreement reached with the Zoneton and Mt. Washington Fire Protection Districts in regard to the litigation.

City Attorney Bill Wilson read the Agreed Order:

1.      The City shall make a good faith effort to budget each year to hire and employ and keep employed at least 12 full-time firefighters. It is understood that in 2007, 6 firefighters have already been hired. The City agrees to make a good faith effort to hire 2 more full-time paid firefighters each year for the next 3 years to total 12 full-time paid firefighters.

2.      The City shall pay $15,000 to each ZFPD and MWFPD immediately and $15,000 each year for the next 3 years, payable on the 1^st day of December of each year. This settles all claims between the parties relating to the debt issue.

3.      ZFPD shall retain the 1020 corridor (

4.      ZFPD, MWFPD and City agree to provide mutual aid with each other.

5.      The September 27, 2007 trial date as to ZFPD and MWFPD is remanded. All issues between the parties are resolved.

6.      If the City does not hire and employ 12 full-time paid firefighters based upon the time frame in Paragraph 1, ZFPD and MWFPD have the right to institute suit to determine “Regular Fire Department”.

Trina Summers made motion to approve Agreed Order between Zoneton and Mt. Washington Fire Protection Districts. Bonnie Enlow 2^nd. Motion carried 5-0.

Faith Portman made motion to adjourn.  Stacey Cline 2^nd. Motion carried 5-0. Meeting adjourned at 5:35.

ATTEST:                                                                                                         APPROVED:

Tammy Owen, City Clerk                                                                                 Sherman Tinnell, Mayor