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08-31-1984 - Special/Workshop .; u w ~ CITY COUNCIL OF EDGEWATER SPECIAL MEETING AND WORKSHOP AUGUST 31, 1984 MINUTES Mayor Ledbetter called the Special Meeting and Workshop to order at 10:00 A.M. in the Community Center. ROLL CALL Mayor David Ledbetter Present Councilman Jack Spencer Present Councilman Melbourne Wargo Present City Attorney Jose' Alvarez Present Councilwoman Gigi Bennington Present City Clerk Connie Kinsey Present Councilman Neil Asting Excused Pol ice Chief Douglas Betts Arrived Later Mayor Ledbetter stated the purpose of the workshop is to review Pol ice Department and other administrative matters and to take action if desired. City Attorney Alvarez asked to speak to Council while awaiting the arrival of the Pol ice Chief. He stated that at the Tuesday, September 4th meeting, the Council will have two ordinances involving annexation of the Fong property and he added that this is the first annexation he's been involved in and there doesn't seem to be a procedure to follow. He said he'd written up a procedure for the annexation process which should avoid the confusion there's been in the past. He noted that when property in the County is annexed into the municipal ity, the County has to approve it. Chief Betts arrived at the meeting at this time, 10:06 AM. City Attorney Alvarez said the County has to approve the change in density and this approval hasn1t happened yet but between first and second reading the burden will be on the app1 i- cant and the County should submit a letter approving the change in density. He added that it will lower the density so it shouldn't be a problem with the County. Mayor Ledbetter asked how they can justify creating a County enclave by going over the Abernathy Subdivision on Palm Breeze between the Fong property and Pyramid Park, and he asked if it's contiguous to the boundaries of our City 1 imits. He noted that Pol ice services for areas not within our boundaries comes into the question also and asked where the dividing strip will be. City Attorney Alvarez stated that one item in the procedure is to make sure there isn't an enclave of municipal property into the County as that's prohibited but the Attorney General has issued an opinion that a County enclave in the City is all right. He added that regarding being contiguous to the City 1 imits, the Planning and Zoning Board had discussed this and it's one of the items they take into consideration when they make a recommendation. Mayor Ledbetter noted that he'd questioned this because this will put them in the same position as when they annexed the Catho1 ic property which is now Pel ican Cove West. City Attorney Alvarez stated that they shou1dnlt have any of those problems if they follow these procedures he's out1 ined. Mayor Ledbetter pointed out they1re creating a County enclave and City Attorney Alvarez said it IS legally permissible according to the Attorney General, and he asked what problems they foresee with the County enclave. Mayor Ledbetter said they're trying to get away from enclaves and Councilman Wargo said the uti1 ity easement could be a problem. Councilman Spencer noted that it could go down U.S. 1. Mayor Ledbetter agreed it's no problem going down the State right of way. City Attorney Alvarez stated that although this is legally permissible, there are practical questions to be considered, such as providing water and Pol ice services. Mayor Ledbetter pointed out that vicarious 1 iabi1 ity could come into the question if Pol ice respond to a call in the enclave. City Attorney Alvarez said there should be a consistent pol icy for the City regarding annexation and he'd 1 ike Council to review the procedure he's prepared. Mr. Frank Opal, from the audience, noted that they've been working on this property for the past eight years but the obstacle is Palm Breeze as they don't want any part of the City. He added that it's out of the question to square the City off. There was a general discussion on how they could run the water 1 ines to that area., City Attorney Alvarez said he brought this up to alert Council there is no procedure currently, and there's a problem with existing enclaves now whether this property is annexed or not. City Attorney Alvarez said the only way to handle the question is by referendum when Mayor Ledbetter reviewed where some of the areas are. ., t ~ Q ~ City Attorney Alvarez noted that the last time the official zoning map was amended was in 1932 and he'll need to know which ordinances have been enacted by Council since the~ that will have an affect on this zoning map. He said held 1 ike copies of the mylar that Dan Cory prepared for Council to review and suggested they use unofficial copies until the official map is completed. He pointed out that there are requests for rezoning certain areas in the City and when these are determined they can proceed to update the zoning map. Council- woman Bennington asked if copies of the mylar are available and City Clerk Kinsey repl ied that copies can be made. City Attorney Alvarez reviewed the procedures for rezoning, when voluntary or involuntary. He pointed out that there is another piece of B-6 zoned property in Florida Shores and the ordinance changing the other B-6 to B-3 has had first reading, and he suggested they might want to consider this small portion with the Hibiscus rezoning. Councilwoman Bennington suggested they consider it later since notices have already gone out. City Attorney Alvarez said held 1 ike to go back to the Planning and Zoning Board to show them what items need to be compl ied with. Councilman Spencer noted that there has already been a motion made asking the City Attorney to prepare an ordinance to implement the rezoning on Hibiscus, and asked if that has to go back to Planning. City Attorney Alvarez noted that the procedure requires a lot of notifications. Councilwoman Bennington suggested they make a motion regarding this during the special meeting. City Attorney Alvarez said the stop sign situation in Florida Shores needs to be reviewed and noted that there is a new letter of claim. Councilwoman Bennington said she understood the subject was sent to the City Attorney for him to give them an opinion as whether it's a proper emergency. City Attorney Alvarez said based on the possibil ity of a lawsuit there's a problem that needs to be addressed rather quickly. Mayor Ledbetter asked if they're going under the assumption that it's not in conformance with the model traffic signs and if the City maintains the stop signs on the County or arterial streets. He asked if Magnuson Corporation put them up and if they were up before the Statute was adopted on model traffic signs. City Attorney Alvarez repl ied that the couldn1t answer those questions, but according to the Chief there are some signs that need replacement and the issue is how soon it should be done, how long it will take and what facil ities the City has to replace the signs. Mayor Ledbetter asked if the City is responsible for the stop signs that go to the County or State roads and City Attorney Alvarez said the question should be dropped and he'll research it and see who is responsible. Councilman Spencer pointed out that the Council has known for some time that there are a number of signs in Florida Shores not on 442 that are smaller and lower than necessary and they should take action to start replacing these and get them in conformance. Chief Betts noted that they put up 30" signs when going from a secondary road to a main thoroughfare. Councilman Wargo pointed out that the reflector sign is the key issue. Chief Betts spoke on the Uniform Traffic Code which is recognized allover the United States. Chief Betts stated that street signs are the City's prerogative but stop signs come under the Uniform Traffic Code. He pointed out that if they follow DOT recommendations and those of Judge McDermott, they need a 24" reflectorized sign seven to eight feet off the ground with no vegetation in front of it. He added that the City could be 1 iable for a lawsuit if the signs aren't proper sizes and installation is correct. City Attorney Alvarez said he preferred not to get into that point now. Councilman Wargo said the solution is the fact that this company is the only one that produces this particular machine so there couldn't be a problem with the bidding procedures. Mayor Ledbetter stated they have a sole suppl ier there. Chief Betts said he has all the material he needs from 3M on that product and the signs could be up in about four weeks from when they get the order. City Attorney Alvarez asked the time element if they follow the normal bid procedures. Chief Betts said it's three weeks del ivery from 3M and they can come up with facil ities to place the machine and he has an order now for at least 30 custom signs that he needs and feels needs to be placed. City Clerk Kinsey stated that the routine bid procedure would take about 30 days from authorization point, or possibly as short as three weeks. Councilwoman Bennington said theyld then have to place the order and this could all take about two months. Councilman Wargo pointed out that they usually raise their prices in October and it was $1,000.00 last year. Chief Betts said it IS been raised the past two years. -2- Council Special Meeting & Workshop Minutes August 31, 1984 o u Sergeant Larry Westfall, from the audience, noted that the blanks and materials have to be ordered at the same time. Councilman Wargo said they can't wait too long. Councilman Spencer said he understood they'd agreed to go ahead with this purchase but wanted to know from the City Attorney that it can be considered an emergency situation. City Attorney Alvarez stated that it's a difficult situation now when signs aren't properly placed and following normal bidding procedures will cause some delay. Councilwoman Bennington asked the impact if they take down the improper signs on the side streets and City Attorney Alvarez said it's according to the circumstances and it's comparative negl igence. There was a discussion about no stop signs compared to improper stop signs and the greater 1 iabil ity of the two. City Attorney Alvarez stated he feels this is an emergency situation. Chief Betts said he'll make arrangements and they'll set it up shortly. City Attorney Alvarez noted that there's a Special Meeting for Tuesday night and possibly some of the pending ordinances could be handled on Wednesday. Mayor Ledbetter suggested first reading at the next regular meeting. Councilman Spencer said he'd prefer to have it all on Tuesday night because there are so many pending items now. Mayor Ledbetter said it didn't make a difference to him. Councilman Wargo stated that he didn't want the Tuesday meeting to go on until midnight. Walter Gross, from the audience, said he'll speak on annexation at the publ ic hearing on Tuesday. Pol ice Department matters were then reviewed. Chief Betts said he researched the complaint from Mr. Glaser on Needle Palm and if the stop signs are put up that will solve half the problem. He said the street is in fairly good shape and has been maintained. Chief Betts reviewed the new form "Notice to Appear" which can be used for paying fines of $35 for trespassing or $50. if charged with a State crime. He said if they start 20MPH speed 1 imits and enforce this, those in violation of the City's ordinance would have to pay a $35. fine. He added that the standard traffic fine is $25. and under State Statutues the speed 1 imits within a City are 30 MPH whether marked or unmarked. He suggested they take the 20MPH from the City and go to 30MPH to follow State Statutes. Mayor Ledbetter asked for clarification about the 20MPH. Chief Betts said it's being requested from the people and they'll be bucking State Statutes in relation to City ordinances. Mayor Ledbetter agreed that Mr. Glaser has a legitimate complaint, and he pointed out that they took the municipal courts out of the City and now they want to create an ordinance that will cost the citizens $10. more if they're issued a citation than if it goes to Judge McDermott. Chief Betts agreed that's what he wants. Mayor Ledbetter said he's not in favor of costing the people $10. more than going through the Judge. Councilwoman Bennington asked if an officer goes to court with the person cited and Chief Betts repl ied yes. Chief Betts said he doesn't think it's necessary to put up 20MPH anywhere in the City and if they already have it, he'll remove it and go with the State Statutes. Councilman Spencer asked where the stop signs will be placed and Chief Betts replied they'll be where the other ones are now. Councilwoman Bennington said she understood that on cross streets they need signs on all four locations. Chief Betts said he didn't feel it's necessary. He noted that Needle Palm is graded to specifications and is no wider than other streets so large trucks shouldn't be attracted to ~at street because of width. Councilwoman Bennington pointed out that they can control speeding with ticketing by the officers. Chief Betts said he made several passes on Needle Palm and going 30MPH on a shell road creates a certain amount of dust but it isn't unbearable, and he feels it's a flat road with no pot holes. He added that he'll fix the speeding in town very shortly. Councilman Wargo noted that they're trying to discourage people from going down Needle Plam and Council can't do that. Chief Betts agreed they set the same guidel ines for all streets. -3- Council Special Meeting & Workshop Minutes August 31, 1984 '-> (,) Councilman Spencer asked the procedure when a Notice to Appear is issued by an officer. Chief Betts said they appear before the Judge or pay a civil fine and it's dropped. He added that this form is only used in Volusia County and the area Chiefs think it's an excellent idea. He said held give Council the entire format. Councilwoman Bennington asked if the Chiefs came up with this to unclog the courts of smaller things. Chief Betts said it's one of more innotative things he's seen and it's a benefit to the Pol ice and the people. Chief Betts said the radio frequency is an emergency frequency and he shares one with Publ ic Works, Util ities, Recreation, etc. and this uses a lot of air time. He noted that he's had two emergencies with a concern for the safety of an officer and he proposed converting Publ ic Works and the others to their own system with the Pol ice on their own system plus set up a recording for what is said over the air for the protection of the citizens and the officers. He said this wouldn't be a large expense but he doesn't have a lot of expertise on this and he's asked his patrolman, Terry Brinson, to be present at this meeting to explain it. Council- woman Bennington asked what the two emergencies were and Chief Betts repl ied that they had a bomb threat at one of the drug stores. Mayor Ledbetter noted that when they have an emergency on the radio it's lack of communication between other departments and the Pol ice Department if the others don't stay off the radio. He noted that the Water Department cut in during the bomb threat. Chief Betts said the code 10-33 affects New Smyrna Beach and they have to switch to another auxil iary frequency and this strand the beach men except for their car radios. He added that this has happened on two occasions and the recording of the trans- missions needs to be put down. Officer Brinson pointed out that there are 22 units on the same frequency, 2 of those mobile, and.there's a possibil ity that a person is away from the mobile unit to make a repair, etc., and when they return to their vehicle they aren't aware that a 10-33 was issued. Officer Brinson said they had a grant for New Smyrna Beach, Edgewater, and Oak Hill for a repeater system but it isn't practical now. Mayor Ledbetter asked if it's the Sheriff Department's repeater system and Officer Brinson repl ied no, it was assigned by FCC for the use of the three cities under a cooperative dispatch system set up by the State Division of Communications. He added that they can change the one emergency unit to a frequency already assigned. Chief Betts noted that they have a 1 icence and they have to use it or turn it back in. Officer Brinson pointed out that it was never used. Chief Betts said there's a minImum amount of cost to make this change and it's estimated at $1,405. Mayor Ledbetter asked if that's changing the crystals and Chief Betts repl ied yes. Councilwoman Bennington noted that this problem was brought to Council over a year ago and they were told they need a new base station with a cost of about $3,700. Councilman Wargo stated that it would have been about $6,500. Officer Brinson said he assumed the estimate was for changing the emergency system to another channel and if so, that would have been a low figure. He said the alternative is to change them over or apply to FCC for a new Pol ice frequency if this is a local government frequency. He added that the cost for a 1 icense for Pol ice use only and equipment to util ize that frequency is ten times this amount, but they're simple to change. Chief Betts noted that it won't cost any money because there's no change and they'll take the non-emergency people off the wave length. Councilwoman Bennington said she understood if they turn it back in and don't use it they'll have problems getting one again. Mayor Ledbetter asked for an explanation of how the frequency was obtained. Chief Betts said he doesn't know what past administration did but knows what should be done now and it's important that they take these steps. Councilman Spencer asked if it requires a change in the transmitting antenna and Officer Brinson said it would be very 1 ittle, if any, and it would be snipping. Councilman Spencer asked about the recording equipment. Chief Betts said he wanted it as a safety factor and it's inexpensive at about $2,500. for a system used only when the mike is keyed. -4- Council Special t1eeting & Workshop Minutes August 31, 1984 o ~ Chief Betts stated the 1985 budget gives him authority to purchase two Pol ice vehicles with complete packages and he requested a third vehicle for himself. He added that held 1 ike to move his current vehicle to the detective division. He said he was allotted $10,000. per vehicle and he can purchase them at $8,595. which will give him a savings to apply toward a third vehicle. Councilman Wargo asked the Chief if hels aware that they are buying a smaller vehicle and turning the Dodge Diplomat over to his department and Chief Betts repl ied yes. Councilman Spencer noted that the budget isnlt set yet and they still have publ ic hearings and changes might be made. He added that when the budget is set there are a lot of vehicles and the quantity may be a negotiating power if all requests are granted. Chief Betts advised Council that he has tabled the auxil iary program until a resolution is formed or whatever Council decides is needed to reinstate it. He added that held 1 ike Council IS consideration to bring it back into effect, and Ordinance 705 granted it and 738 repealed it. Mayor Ledbetter stated that the Charter says therelll be a chief and as many subordinates as determined necessary. Councilman Wargo said he doesn't feel the Chiefls request is unreasonable. Councilman Spencer agreed the Council should consider having an auxil iary Pol ice force to augment the existing force when needed. Chief Betts noted that there are people interested in this. Councilman Spencer said he feels it IS appropriate to have an ordinance drafted or a resolution to consider the legal ity of an auxil iary officersl program and the training requirements. Chief Betts noted that CGST has guidel ines for auxil iaries. Councilman Spencer suggested that Chief Betts provide information to the City Attorney and the City Attorney can review it and present it to Council for their consideration. Councilwoman Bennington asked if an ordinance or a resolution would be needed and City Attorney Alvarez said held prefer an ordinance. Councilman Wargo stated that they should agree how theylll use these people and if they're going to carry weapons. City Attorney Alvarez said they need to look at State Statutes to see the point of authority, the objectives, and when it will be used, and added that the 1 iabil ity has to be cleared with the insurance carrier. Chief Betts stated that he can draw up conditions because a lot of guidel ine~ are set by the State of Florida. City Attorney Alvarez asked for Council IS intentions on this. Councilman Wargo pointed out that they indicated in a previous workshop their desires on this matter. Councilman Spencer suggested they take action when they get to the special meeting since there were varying points of view. Chief Betts stated that he's conducting in-house investigations regarding incompetence, derel iction of duty, and other activities and helll keep Council posted on that. Chief Betts requested Council's permission to use his assigned car to go this week-end to visit the other Coast for picking up materials for FTO and helll cover the personal expenses. Councilman Wargo and Councilwoman Bennington said they had no problem with it. City Attorney Alvarez said he's concerned about the 1 iabil ity but it would be similar to employees going to schools in Gainesville. Councilwoman Bennington asked who would bear the cost for the radio for the other departments. Councilman Wargo asked if EVER would stay on their frequency and Chief Betts repl ied yes. Chief Betts said he instigated this change and could possibly cover it out of his budget. Councilwoman Bennington asked if he'll bear the expense for these other departments and Chief Betts repl ied yes. There was a discussion about the salaries paid to the dispatchers now and the changes that would occur when the radios are changed. Chief Betts said held be glad to answer any questions on the radios as hels done a lot of research on this and the transition could take place in about one day. Councilwoman Bennington noted that the cost estimate is so different from what they were given before. Officer Brinson stated that everything is there and it just needs to be changed. Chief Betts said theylre going to an outside company because Officer Brinson doesn't have the tools. Councilman Spencer asked the status of the procedures manual that was referred to in the last workshop and Chief Betts said he turned it over to Mrs. Betts and she's typed it up in draft form and he's submitted it to the City Attorney for his review and then it will be presented to Council for approval. -5- Council Special Meeting & Workshop Minutes August 31, 1984 Q o Councilman Spencer asked the status of written pol icies. Chief Betts said it's in the procedure manual and he refers to it as a personnel order and he's issued ten personnel orders regarding pol icies to date. ~alter Gross, from the audience, asked if the Pol ice cars are serviced currently and if the cars are safe for the officers to drive, as he's heard many times that a car is taken back for repairs. Chief Betts said he is correcting that, and past administration didn't purchase Pol ice package cars and he has already instigated redoing two electrical systems because they weren't equipped properly. He added that his patrolmen will have the best Pol ice equipment available within his budget 1 imitations. Councilwoman Bennington asked the problem with his car and the Chief repl ied that the front end was wrecked and it can't be al igned. He added that he'll have to modify it when they move it to the detective division. Councilwoman Bennington said she understood held had trouble starting the car and so did other officers. Chief Betts repl ied that was correct and he took it to the City barn for repair and when he received it back from them, it was still the same so he took it to an outside agency and now the car doesn't have a starting or running problem. Sergeant Larry Westfall, from the audience, said he had to have unit 307 jump started twice lately and the Chief's vehicle had to be jumped twice in his driveway while he was using it. Chief Betts stated that they're trying to get this straightened out. Councilwoman Bennington said they have to have cars they can depend on. Frank Opal, from the audience, asked if they send the cars for repairs to the former City mechanic. Chief Betts repl ied that the City repairs them. There was a discussion about the former mechanic being in private business and Chief Betts stated that he doesn't know who the former mechanic is. Mayor Ledbetter asked if the mechanic in the City's garage is competent and Chief Betts repl ied that Earl Copeland, Publ ic ~Jorks Superintendent, made sure that the problem was discovered. Mayor Ledbetter stated that every time a Pol ice car was brought up for purchase, the Council was told it was a Pol ice package. Chief Betts repl ied that he'll take care of that totally. There was a discussion regarding the various suppl iers of the package equipment and what is required. Mary Opal, from the audience, asked when the Chief's car was wrecked. Sergeant Westfall said it was purchased to be used inthe detective division and when it was in the garage for a repair, the former City mechanic advised them it appeared to have been wrecked. Councilman Wargo pointed out that Council was asked at a previous meeting to buy used vehicles for the Pol ice department. Councilwoman Bennington asked Chief Betts why a request from his department went to the Merit Board. Chief Betts repl ied that he was advised to go to them first. He added that he wants a communications supervisor. Councilwoman Bennington asked the Chief who his supervisor is and Chief Betts repl ied the Council. Councilwoman Bennington said she wanted to make clear that the Pol ice Department is under the direct supervision of Council through the Chief and anything the Chief needs should go to Council first. Councilman Spencer questioned why Public Works wouldn't also be under Council. Councilwoman Bennington stated that the Chief was hired to work under the direct supervision of Council and until they change it, she wants it followed through and she doesn't want the Chief told one thing by one person and another thing by someone else. She added that all department heads have been decertified and asked if they work under Councilor the Personnel Director. She said changes that affect the department are what she's referring to. Mary Opal, from the audience, asked who told him to go to the Merit Board. City Clerk Kinsey said she did,as the Merit Board accepts or rejects these requests and then it's sent to Council. Councilwoman Bennington said the Pol ice Chief should come to Council first and then go to the Merit Board. Councilman Spencer said he dis- agreed completely. Councilwoman Bennington read from the Charter regarding the Chief of Pol ice. Councilman Spencer said the Charter is antiquated in some situations. He added that meeting once a month with the Chief is appropriate but it's not necessary for the Chief to come to Council first instead of the Merit Board. Councilwoman Bennington said she wants to be aware when he wants to change something with the Merit Board. -6- Council Special Meeting & Workshop Minutes August 31, 1984 o o Councilman Wargo suggested they meet once a week with the Chief or even twice a week and also meet with all department heads because there are a lot of problems that Council isn't aware of. Councilwoman Bennington said she'd agree to once a month with department heads and the department heads now meet each Tuesday after the Council meetings. Councilman Wargo suggested making it a publ ic meeting the day after Council meetings. Walter Gross, from the audience, said the problem with the Merit Board should be cleared up. . Councilwoman Bennington stated that Council has been remiss by not giving more expl icit instructions and they should define the guidel ines. Mr. Gross referred to a Pol ice officer requesting an increase which was granted by the Merit Board, and then at the next meeting they rescinded the classification and Council didn't know it. Councilwoman Bennington said there's a lack of communi- cation as to clear guidel ines. Mayor Ledbetter said Council should get the information first and if it has merit, it would be sent to the Merit Board. Councilman Spencer asked if he means all matters or just those pertaining to the Pol ice Department. Mayor Ledbetter noted that other people have gone to the Merit Board without the knowledge of Council. Mr. Roe, from the audience, asked what difference it makes if it goes to the Merit Board first. City Clerk Kinsey asked if it's her job to question a purchase order to be sure they comply with auditing standards, and if she's not to question it, she'd 1 ike a motion from Council to that effect. Councilman Wargo said it IS not a problem at this point. City Clerk Kinsey stated that it's a problem to her. City Clerk Kinsey said the question is whether she should look at what is being purchased or just sign the purchase order if it's under $1,000.00. Mayor Ledbetter said she took the job as per the Charter. City Clerk Kinsey said she feels she's been doing her job and she's been told she's not supposed to. Chief Betts said his guidel ine is he can make a purchase up to $1,000. and he asked what his next step is if she refuses to sign a purchase order. Mayor Ledbetter asked if he's submitting a request or asking for a blank check. Chief Betts asked if it's up to the City Clerk to cross out certain items on his purchase order and send it through. City Clerk Kinsey stated that she didn't cross out anything but she asked who the four people were that he requested name badges for and she was told they were auxil iary personnel and she was aware there's no coverage for auxil iary. She added that if she's supposed to just sign it and not review it, she'd 1 ike Council authorization to do so. Councilwoman Bennington asked if that was the only item crossed off. City Clerk Kinsey stated that she didn't cross it off. Mayor Ledbetter pointed out that in the past they got purchase orders added onto and had to authorize payment without purchase orders. Councilman Spencer said the attention the City Clerk indicated is one in which she was very correct and he hopes Council wishes her to continue to question a purchase order before signing it. Chief Betts asked if he is to explain his requests to the City Clerk on all his purchases. Councilman Spencer said it's not necessary to have a big explanation and there's no problem with the majority of the orders. Chief Betts noted that he asked for 25 baseball hats and that was dropped to 20 because there weren't 25 members. City Clerk Kinsey stated that it was 25 the last time she saw it. Councilwoman Bennington said she understood the questioning of the auxil iary badges but didn't understand the 25 to 20 hats being changed, and it's not up to the City Clerk to scrutinize what they need, it's up to the department head. Councilman Spencer said he felt it would be to the City's benefit to have them reviewed. Councilwoman Bennington said she questioned why the Pol ice cars weren't a complete package in the past. Councilman Spencer said the prime responsibil ity is with the department head but then the City Clerk has to counter- sign the purchase order, and if not in agreement, bring it to the attention of the department head. Councilwoman Bennington agreed it's the City Clerk's job to scrutinize the purchase orders but it's not her job to say they don't need something. City Clerk Kinsey said this could be picked by the auditors and they'll ask why this particular amount and she had asked for justification for the amount. There was a discussion as to the various items being expendable. Mr. Roe, from the audience, suggested they get to more serious things as this is just a checkmate and the department heads can appeal to Council if they feel it's wrong. Council- woman Bennington stated that there were other things that should have been scrutinized that were not. -7- Council Special Meeting & Workshop Minutes August 31, 1984 '. o o Councilman Spencer asked Chief Betts to make available to Council the floor plans for the Rescue room as held mentioned at the last meeting. Chief Betts said they'll be in their boxes and it's a proposal a Sergeant drew up and it's very feasible. Councilman Wargo asked for a breakdown of all the interest earned for 1984 and where it stands now in the general fund or other funds. City Clerk Kinsey pointed out that they make the allocations on September 30th and then it's broken up. Councilman Spencer noted that it's in the monthly report. Councilman Wargo then asked for the amount in the uti1 ity deposits and a financial report from all the City's incorporated organizations, such as the Fire Department, Recreation, EVER, and the Library and have receipts and expenses along with that. Councilman Wargo asked for the total overtime for preparing the budget. Councilman Spencer noted that Council is supposed to monitor all charitable organizations and asked that the information be available for all the Council members. Councilwoman Bennington asked for membership in Fire and Rescue. Sergeant Westfall, from the audience, asked about the hand1 ing of situations on Mango Tree Drive on the west in the County. City Clerk Kinsey said it's in the corporate 1 imits of the City. Sergeant Westfall noted that there are fenced in areas with no access. City Clerk Kinsey noted that the County owns it but it's in our corporate 1 imits. Councilwoman Bennington asked if they could contact the County and State to get authorization to get into the property. Sergeant Westfall said officers could be injured on privately owned property in the City 1 imits. City Clerk Kinsey questioned how this would be different from any other private industry in the corporate 1 imits. Chief Betts said it's within the City 1 imits and within the jurisdiction of the City. Mayor Ledbetter asked for a short recess to call Mr. Dave Garrett, Recreational Director, to the meeting to answer some questions. Meeting was recessed at 12:40PM. Meeting returned to session at 12:42PM. Mayor Ledbetter told Mr. Garrett that he'd received telephone calls that Mr. Garrett had used the City truck and lawn mower to cut his own grass in his yard. Mr. Garrett stated that he did not, and the bearing is out on the Snapper mower and he took the City truck and got his own mower from home and mowed at the ba11fie1ds for two days. Mayor Ledbetter asked if they have any other mowers and Mr. Garrett rep1 ied they have a Gravely and the Snapper but he wanted everything mowed before the ho1 iday week-end. Councilman Wargo said his mower should be taken back home and rent one. Mayor Ledbetter said it looks bad on him. Mr. Garrett said they've ordered a new deck but it hasn't come in yet. Councilman Spencer said he wasn't aware of any situation but he thinks it was very generous of Mr. Garrett to do this with his own equipment and there was also no problem with renting the equipment. Mr. Garrett said he's more fami1 iar with his own equipment and since time was running short he decided to use his own. Mayor Ledbetter noted that the Church group requested the use of the pavi1 ion at the ballfield and they'll need keys for the rest rooms and they'll be responsible for the cleanup. Councilmen Wargo and Spencer said they had no problem with that. Councilwoman Bennington moved to go back into the Special Meeting. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Councilman Spencer moved that the Council instruct the Chief to get together information relative to an auxi1 iary Pol ice force and present it to the City Attorney for the preparation of an ordinance for Council to consider. Councilman Wargo and Councilwoman Bennington seconded the motion simultaneously. Motion CARRIED 4-0. Councilman Spencer moved that Council request the Pol ice Chief to implement the program as out1 ined for $1,405., providing that money is available in the budget. Councilwoman Bennington seconded the motion. Motion CARRIED 3-1. Mayor Ledbetter voted 'NO and stated that he voted NO because he was unprepared for it. -8- Council Special Meeting & Workshop Minutes August 31, 1984 o Q Councilwoman Bennington moved to send the package on the rezoning of Hibiscus and Guava back to the Planning and Zoning Board along with the City Attorney's meeting with this board to go over his recommendation. Councilman Spencer seconded the motion. Motion CARRIED 3-1. Councilman Wargo voted NO. Councilman Spencer asked if the new form of Notice to Appear needs to be reviewed for legal ity. City Attorney Alvarez noted that it's a rather standard form. Chief Betts noted that it was approved by judges. Councilwoman Bennington moved to authorize the Chief to go out of town this week- end and have to pay the expenses himself, and just use the car. She clarified that if the car breaks down, the City will repair it. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Councilman Spencer requested that the Mayor call a Special Meeting and Workshop to review the package of job descriptions and job reclassifications. He also requested that Council have an executive session in the near future to determine the status and action relative to negotiations with the employeesl association. Councilman Wargo suggested they wait until they see about the outcome of wage negotiations. Councilman Spencer noted that there are some things in the package that need to be tackled and said there1s been a high turnover in personnel, especially in the Pol ice Department. Council members agreed to meet on Thursday, September 13th at 1 :00 PM in a Special Meeting and Workshop. City Clerk Kinsey asked if the Merit Board or department heads should be present. Councilman Spencer suggested the department heads who had requests for reclassifications could be there to explain their requests. Councilwoman Bennington and Mayor Ledbetter agreed. Councilwoman Bennington asked Chief Betts if his questions had been clarified by motions. City Clerk Kinsey said her question wasn't resolved. Councilwoman Bennington said she felt it's clear. Chief Betts asked how he could reI ieve the City Clerk of the responsibil ity if she has a question so that the burden would fall back on his shoulders. Councilwoman Bennington pointed out that the City Clerk is responsible for the money in the City. City Clerk Kinsey pointed out that she doesn1t want the auditors to call them down on this. Councilwoman Bennington noted that the Chief has the ultimate responsibil ity for a purchase order. Councilman Spencer suggested if there's a misunderstanding and the City Clerk won't sign it, the Chief should come to Council. Councilwoman Bennington moved to adjourn. Councilman Spencer seconded the motion. Meeting was adjourned at 12:58 P.M. Minutes submitted by: Lu ra Sue Kose r -- " ATTEST: -- ~~/ COUNCILMAN - ZONCiTHREE ol~~HffF COYJC I LMAN - ONE FOU . ,1984. L-UA.~ (/ -9- Council Special Meeting & Workshop Minutes August 31, 1984