Loading...
10-19-1984 - Special , " # u Q . CITY COUNCIL OF EDGEWATER SPECIAL MEETING OCTOBER 19,1984 MINUTES Mayor Ledbetter called the Special Meeting to order at 10:00 A.M. in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Also present was Mr. Alex Kish Present Present Present Present from the Councilman Jack Spencer Present City Attorney Jose'Alvarez Present City Clerk Connie Kinsey Present Pol ice Chief Douglas Betts Present City's auditing firm, Brent Mill ikan & Co. Pol ice vehicle purchases - Mayor Ledbetter noted that there is controversy about this subject because the titles were dated September 17th, the invoice date was October 1st and the purchase was authorized by Council in the meeting the evening of October 1st. Councilman Spencer requested the City Attorney to advise Council the results of his investigation. City Attorney Alvarez pointed out that there were several issues in this incident and he's addressing only the legal ramifications. He noted that he went to Mr. Kish's office and they contacted people in government offices and talked with a Mr. Underwood who presented them with a definite position about the contract expiration, which is outl ined in the letter from Mr. Kish. He said based on Mr. Underwood's inter- pretation and the agreement between the State and the dealer, if Council wishes to purchase the vehicles they'll still be operating under the terms of the agreement as to being the best and lowest price in the State. Mr. Kish reiterated that they contacted the various departments and Mr. Underwood advised them that the conditions of the contract are such that they are approximate beginning and ending dates and not fixed contract dates. He said the contract the State has gives the dealers flexibil ity that if they have cars available they can sell them at that price, but it's the option of the dealer. He added that as far as the State is concerned, the contract is still good for this purchase. Mayor Ledbetter asked about the administrative end of it and City Attorney Alvarez repl ied that Council needs to address that subject. Councilman Spencer said there's no violation of their purchasing it at a State contract price and the only harm done was that the Chief didn't comply with the City's purchasing regulations which is probably due to his being new in the position and not asking enough questions. Chief Betts said he knew he was correct as he's dealt with State bids many times and the cars were purchased on the 9th with a purchase order issued on the 9th and he followed the guidel ines of the State in the purchasing. He said he feels he hasn't misrepresented his position as Chief since he's been here. He had a prepared statement which he read to Council. It stated that the patrol car problem wasn't a problem at all but was created by City Clerk Kinsey. He said he's spent 12 years in Pol ice work and bought equipment for the past 3 or 4 years and is famil iar with State bids and the research involved to buy and save money. He added that the lack of cooperation and assistance from City Hall and City Clerk Kinsey is added to the straw that will eventually break the City's back. He stated that City Clerk Kinsey used him to keep him and the citizens of the City in constant turmoil and will continue to do so until it's corrected. He said there was a conspiracy in the department from the start and caused low morale. He read the resignation of Patrolman Marc Lusk. He said a large portion of his department feels this way and they can't function and supply the City with the necessary coverage and protection and they're creating anxiety among the men and doubts among them and his leadership is in question. He added that the department has gone through turmoil since February and personnel have no confidence with him being in office from one day to the next. He said he wants Council to be aware of the problem and appreciate the handicap he's worked under. He said there was an attempt to discredit him and that City Clerk Kinsey discredits his personal character and that of his staff by attacking every decision he makes and those that his staff makes. u u Pol ice vehicle purchases (continued)- Chief Betts said several mal icious remarks were made about personnel and promiscuity and if members are to have peace of mind in regard to the Pol ice force, this type of situation must be resolved. He said he has no idea what prompted her to take the actions she has but as Chief he cannot tolerate this type of behavior from a person in her position. He said he has a lengthy 1 ist of discrepancies that should not have been questioned from his department, plus rumors about his telephone bill which had to come out of City Hall, and office furniture. Councilman Asting asked what the office furniture finally cost and Chief Betts repl ied $550. for both items. Councilman Asting noted that the original purchase of the chair was for $549. Chief Betts said that was an estimate to cover the cost because he didnlt want to go over it. Chief Betts said his lunch time is being attacked and he does have to leave his office to do items. Mayor Ledbetter pointed out that the man is making accusations and putting the total blame on City Clerk Kinsey. Councilman Asting questioned his being absent from his station for over four hours when the dispatcher said he was on lunch break, which was the day he was out buying office furniture. Councilman Asting suggested that any time the Chief is going to be out of the City 1 imits the dispatcher should know where he can be reached. Chief Betts pointed out that he has a new organization and new dis- patchers and they have now been trained, and he now has a functional beeper that reaches farther than the City 1 imits. Chief Betts said therels also a problem with the PBA grievance which got out of hand and Mr. Haeseker agreed and found it necessary to back off and it was handled the way it should have been handled. Councilman Wargo stated that the newspaper had a copy of the letter before he got it. Chief Betts stated that purchase orders were changed after equipment was ordered, such as the number of hats and name badges, and other purchase orders were questioned heavily. He noted that his pager broke and he couldn't get a purchase order over the telephone when he got the price in Daytona Beach. Chief Betts said his credibil ity has been under fire because of false accusations and there were rumors that he gave a personnel order that his personnel were not to talk to Council members but he's never said that, and it wasn't written or oral. Mayor Ledbetter said he was told that if they were seen talking to any member of Councilor to him, there was a possibil ity of three days off, and helll talk to any pol iceman anytime he wants to and they won't be given three days off for talking to him. Chief Betts stated that nobody has received a reprimand, oral or written, for talking to a Council member, and added that if the Mayor drove up and there was a problem he could interject if he has the expertise in that problem. Mayor Ledbetter stated that he doesn't interfere with someone if at an accident or while performing their duty and he doesnlt think any member of Council does. Councilman Wargo stated that he also had heard the rumor about not speaking to Council members but he went to the Chief and asked him about it and he denied it and invited him to speak to any Pol ice personnel anytime he sees fit. Chief Betts noted that he'd asked Council to come to him if they have a problem or need to discuss something and not talk to some of the new men as that places some stress on them. Chief Betts stated that recently he had cars repaired and the vendors were questioned by City Hall when the bills were received. He added that he supports the Council and asked that he receive their support also, as he intends to make decisions and make purchases and they've been above board in every respect and he'll continue to give 100% to the citizens of this City and to Council, even after the election, and will continue to do his very best. Councilman Asting pointed out that the Pol ice Department is part of the City's adminis- tration and is not a separate entity and the rules and procedures establ ished for purchasing by the City have to be followed. City Clerk Kinsey stated that the only resolution to the matter that she can foresee is that every item regarding the Pol ice Department come to Council. She added that the City has certain rules and in the 10 years she's worked with the City, she has never had this problem getting the rules adhered to, and she and the girls in the office can't do their jobs. She suggested that from payroll to purchasing, it should go straight to the Council and el iminate City Hall and her. Councilwoman Bennington asked what her job is as the City Clerk and City Clerk Kinsey repl ied that she adheres to the Charter. Councilwoman Bennington said as administrator she also is to take care of administration of the City. -2- Council Special Meeting Minutes October 19, 1984 u u Pol ice vehicle purchases (continued)- Councilwoman Bennington asked why the memo from the Accounts Payable Clerk wasn1t checked out before it came to Council so they wouldn't have the expense of having the auditors and City Attorney contact the people in Tallahassee to verify it was bought at State bid. City Clerk Kinsey stated that she's not an auditor and not an attorney. Councilwoman Bennington said when someone sends a memo which 1 ists discrepancies in purchasing procedures, it's the City Clerk's job to check it out before it comes to Council. Councilman Wargo asked if the City Attorney had been contacted regarding this and City Attorney Alvarez repl ied it was after Monday night. Councilman Wargo stated that was after the fact. City Clerk Kinsey noted that she was on vacation the previous week and it was on her desk on Monday morning. Mr. Kish stated that their firm was contacted by the City's staff and he advised them to have the City Council make a determination since they were del ivered on September 17th with no purchase order and there were discrepancies on the dates. He added that it didn't look proper on the face of it and he had suggested it be brought to Council IS attention. Mayor Ledbetter stated that the date goes on the title when the vehicle is purchased and those three vehicles were purchased in last year1s budget. He added that he has no problem with the State purchasing contract. Chief Betts stated that those cars were not purchased on September 17th. Councilman Wargo asked him if held signed anything on September 17th and Chief Betts repl ied no and the cars were del ivered by mistake and he can get that in writing. Mayor Ledbetter pointed out that when he requested the City Clerk to call Duval Motors regarding this, she was told that they would have to call Chief Betts. Chief Betts reiterated that there was a mistake in the del ivery. Councilman Asting stated that when the three vehicles were authorized, they didn't know the State bid had expired and he had stipulated that the three vehicles be used for patrol work only. Councilwoman Bennington pointed out that Council is trying to tell the Pol ice Department how to use their equipment and they don't tell the other departments this. Councilman Spencer noted that held talked with Chief Betts and suggested he be more careful about his purchasing procedures, but he thinks the Chief should have full control of his department, but there are other people in his department who have been there for a long time who should assist in learning the City1s rules and regu- lations, or he can ask the City Clerk for assistance. He added that he feels the Chief is good at his job and the City Clerk is very good at her job, and the City Clerk is correct in bringing to Council IS attention the discrepancies. He said if the Chief feels the administrative practices are incorrect, he should bring this to Council and perhaps they can be modified. He added that the cars have been pur- chased and they should drop the matter. Councilman Wargo disagreed with Councilman Spencer and said they have to make up their minds that they're going to have a good Pol ice Department. He chastized City Clerk Kinsey regarding a remark she made that she didn1t appreciate having people work under her who make more money that she does and he didn't appreciate her remark. He noted that the Chief isn't working under City Clerk Kinsey but under direction of Council. Councilwoman Bennington read from page 19 of the Charter regarding the Pol ice Force. Councilman Wargo stated that there was no proof presented that the Chief has done any wrongdoing and hasn't compl ied with anything he was instructed to do and he doesn't feel there was any purpose in addressing a problem that doesn't exist. Councilman Asting pointed out that when City Clerk Kinsey was appointed, it was understood she would be the liaison between Council and the department heads and she holds meetings each Tuesday morning after the Council meetings and the Chief had better cooperate as long as this is in effect. Councilman Wargo disagreed that it's in effect. Councilman Asting stated that Council can't sit for eight hours a day and give Pol ice instructions as they're only a part-time governing body. Councilwoman Bennington said when the City Clerk was given the job as adminis- trator, the basic idea was that she would be seeing to the daily operations of the City and when they hired the Chief, it was as an exception and hels to work directly for Council and that's why they have the monthly meetings with him. She added that City Clerk Kinsey should be helping the Chief if there is a problem, and if they canlt correct it, then it should come to Council. Councilman Asting pointed out that the Chief and all department heads work for Council but the City Clerk transmits instructions of Council. -3- Council Special Meeting Minutes October 19, 1984 u u Pol ice vehicle purchases (continued) - Councilman Wargo moved to authorize the City Clerk to cut the check. Councilman Spencer seconded the motion. Councilman Wargo stated that the needs of the Pol ice Department are now and regardless of who is going to be on Councilor who is to be Chief, the City has to move forward. Mayor Ledbetter stated that he thinks the vehicles were purchased in the last fiscal year but he has no problem with pur- chasing the vehicles on State bid for patrol vehicles in the street. Motion CARRIED 3-2. Mayor Ledbetter and Councilman Asting voted NO. Councilman Asting stated he voted NO because it doesn't comply with Section 9-22 of the Code and he read an excerpt from that section. Councilman Spencer pointed out that they gave the Chief authorization to purchase under State bid. Resolution adding two patrol officers to Pol ice force - City Attorney Alvarez read this Resolution. RES. 84-R-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO SECTION 39 OF THE CHARTER OF THE CITY OF EDGEWATER, FLORIDA, INCREASING THE NUMBER OF POLICE OFFICERS IN THE POLICE DEPARTMENT OF THE CITY OF EDGEWATER, FLORIDA, BY ADDING TWO ADDITIONAL POSITIONS; REPEALING ALL RESO- LUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTiVE DATE. Councilman Spencer moved that Council adopt Resolution 84-R-51. Councilman Asting seconded the motion. Mayor Ledbetter asked the beginning date and Chief Betts repl ied it will be November 1st. Motion CARRIED 5-0. Determine date and procedure for absentee ballot opening (primary election) - City Attorney Alvarez said there seems to be a different preference as to the handl ing of the absentee ballots, whether the night the ballots are tabulated or the following day. City Clerk Kinsey noted that it's been done both ways in the past. Councilman Spencer moved that the absentee ballots be counted in the presence of the Council the evening of the election after the polls are closed. Councilman Wargo seconded the motion. Councilwoman Bennington asked if this is just for the primary. City Attorney Alvarez said a comment was made to him that when it's the presidential election also, it can be very late before all votes are tabulated. Councilman Spencer said his intention is for the primary on October 23rd. Motion CARRIED 5-0. Councilman Spencer suggested they consider the opening for the general election also. There was a discussion of the length of time necessary for tabulating the ballots. Councilman Wargo moved that they open them at6:30 PM on the day after the general election so the publ ic can be here. Councilman Spencer pointed out that they have to meet at 4:00 PM to declare the results of the election. Councilwoman Bennington read from page 49. Mayor Ledbetter suggested that due to the controversy over the counting of the last absentee ballots they should be turned over to the elections clerk and let them ,open them and count them and Council will take action they deem necessary to accept it. Councilwoman Bennington said they need a meeting. Councilman Wargo agreed and Councilman Spencer seconded the motion. Councilwoman Bennington asked if they turn the absentee ballots over to the elections people and they'll come in at 4:00 PM and open them and they'll have them overnight. City Clerk Kinsey said they'll be turned over to them at 7:00 PM for both elections. Motion CARRIED 5-0. Councilwoman Bennington suggested sending a thank you letter to the Chamber of Commerce for the beautiful sign they installed and the Council members agreed. ATTEST: ~~ CITY CLERK ~ Approved tis 5 ay of -,1-984. . ~ jIj Councilman Asting moved to adjourn. Councilman Spencer seconded the motion. Meeting was adjourned at 11:02 A M~ " ~ Minutes submitted by: Lura Sue Koser ~~? ((k~ ~ MAroR //'~ u :r- ~ ~ 'ro- ONE COUN -4- Council Special Meeting Minutes October 19, 1984