11-21-1985 - Special/Workshop
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CITY COUNCIL OF EDGEWATER
SPECIAL MEETING AND WORKSHOP
NOVEMBER 21, 1985
MINUTES
Mayor Baugh called the meeting to order at 3:00 P.M. in the Community Center.
He stated the items on the agenda.
ROLL CALL
Mayor Earl Baugh
Councilman Louis Rotundo
Councilman Russell Prater
Councilman Neil Asting
Present
Present
Present
Present
Councilman James Inman
City Attorney Jose'Alvarez
City Clerk Connie Martinez
Chief Lawrence Schumaker
Present
Present
Present
Present
Also present: the City's Department Heads - Terry Wadsworth, Utilities Superin-
tendent; Earl Copeland, Public Works Superintendent; Dennis Fischer, Building
Official/Code Enforcement Officer; and Jack Corder, representating David Garrett,
Recreation Director/Buildings and Grounds Maintenance Superintendent. Arriving
later were Gerry Hartman and Frank Marshall, the City's consulting engineers, Gerard
Ferrara, City Engineer, and Mr. Pat DiLeva, representing the Fire Department.
Mayor Baugh requested a motion to go from the regular meeting into the workshop.
Councilman Prater so moved. Councilman Inman seconded the motion. Motion
CARRIED 5-0.
Insurance discussion with City's Department Heads - Councilman Asting reviewed
the discussion at a prior meeting regarding self-insurance. He pointed out the
premiums had tripled over last year and the estimate is about $213,000 which he
feels is exorbitant. He stated that if they put $300,000 in reserve for contin-
gency, it should be enough to cover any claims levied against the City due to an
accident involving the use of City equipment, or whatever. He added that the
cooperation of Department Heads in enforcing safety of the equipment and operation
of the equipment is necessary. He pointed out the City Attorney is capable of
investigating some of the claims made against them, and stated he felt they'd be
better off financially by being self-insured. Councilman Rotundo said he agrees
with the recommendation and Edgewater isn't the only city having a problem with
insurance.
Councilman Asting asked the City Attorney if the State has a cap on the amount
a municipality can be sued and City Attorney Alvarez replied the cap is what can
be recovered on a claim, $100,000-$300,000, and anything in excess over that
judgement has to go to the legislature. Councilman Rotundo asked if it's
financially feasible to go into this. City Attorney Alvarez said they have to
look at what will be required for implementation and the administration of the
City will have to engage in a lot of activities from a point of view of setting
up a system to allow training in safety of all employees, especially in day to
day activities. He said it will be the City Clerk/Administrator's responsibility
to carry out the implementation of a system that will allow determination of
dangerous situations, investigations of claims promptly after they occur, and
if it goes to litigation then his office will be involved. He pointed out they
need protection for exposure in addition to $300,000. He said there's a concept
of some kind of insurance but increasing the limits from $5,000 deductible to
$100,000 or $300,000. He noted it will eliminate the small claims that can be
handled by the City and it will save going through the investigating agencies
and carriers. Councilman Asting said he doesn't recall that the City has ever
been sued for any amount over $100,000 or $200,000.
Councilman Prater pointed out it's a three-year contract now with one more year
to go and they're penalized 10% if they pullout now, and he asked if they'd
be starting immediately or later. Councilman Asting said when the three years
are up. Councilman Prater noted they're paying monthly now. City Clerk Martinez
said they can adjust it by working on it and reviewing and changing the deductible.
Councilman Asting said he thought the premium would be firm for the three-year
contract. City Clerk Martinez pointed out it increases every year but the
coverage remains the same.
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Insurance discussion with City's Department Heads (Continued) -
Mayor Baugh asked when they could get into self-insured and Councilman
Asting said almost immediately. Mayor Baugh pointed out they need a company
to underwrite the additional insurance and perhaps they'd have to go out for
bids. City Clerk Martinez said it's doubtful if they can get it. Councilman
Prater suggested that between now and the first of January they have the City
Clerk check on this and consider going that way by the first of the year and
see how much they'll be penalized. City Clerk Martinez noted they paid a down
payment and the first month's payment because that's the only way they'd take it.
Councilman Asting said they can set it up after the first of the year to become
self-insured. City Clerk Martinez said they'd try it.
City Attorney Alvarez reviewed the way the present policy is handled and noted
if they become self-insured it has to be in house which should be cheaper, but
they'd need an adequate reserve to pay for any losses.
Councilman Asting noted that insurance companies usually employ an adjuster who
reviews the situations and makes an estimate and there's a firm in Orlando
which furnishes adjusters. He asked if the City could do that and just hire
them when needed. Mayor Baugh questioned if they'd have to pay a retainer.
City Attorney Alvarez said they'd look at the history of all the claims they
can expect, and the Department Heads have to know it's up to them to determine
if there's a claim or not.
Councilman Rotundo asked if vehicles are insured up to a point above this policy
and City Clerk Martinez said that's part of the premium. City Attorney Alvarez
said they have to maintain the vehicles and notify employees of safety programs
and have key safety individuals in each department who will be trained in taking
photos, taking statements, etc., if the volume doesn't justify hiring someone on
a full time basis. Councilman Asting said the adjusters are a separate agency
and they can make a determination and furnish it to the City. City Attorney
Alvarez said they can have people in each department who can go to the scene
within minutes of the accident, secure witnesses, find out what happened, and
if they're at fault, they'll pay it off or if not, they'll have the information
to defend it. He added they can have a committee to review the claims to see
if they should be settled, and it's possible they could exceed the $300,000.
He noted zoning matters and declaratory judgements are not included and can't
be insured.
Councilman Inman asked about the State paying a claim in excess of the $300,000
and taking it from a grant. City Attorney Alvarez explained it's a Claims Bill,
and the one claim of a city that was handled in excess of the limits had their
revenue sharing funds taken out of it. Councilman Inman asked if the pending
claims are covered by the insurance if they go self-insured and City Attorney
Alvarez said yes.
City Attorney Alvarez again stated they need a safety program that is
enforced and Mayor Baugh noted that's where Department Heads come in.
Inman noted the City has a safety program now.
Councilman Rotundo asked if they had any major insurance claims in the departments
this last year. Mr. Copeland said they had some injuries in his department but
it wasn't anything serious. City Attorney Alvarez pointed out that's worker's
compensation.
strictly
Councilman
Mayor Baugh suggested the City Attorney and City Clerk work on this and come
back with a recommendation between now and the first of the year.
Robert Christy asked if Florida League of Cities self-insurance program has been
looked into and City Clerk Martinez said they were included in the bidding pro-
cedure two years ago and were the highest bid. Mr. Christy asked about the 10%
penalty as they'd have to forfeit $21,300 to cancel it and asked if it can be
negotiated.
Councilman Prater said it's a bad contract to allow them to raise the rates
like this. City Clerk Martinez pointed out all insurance has the 10% penalty.
City Attorney Alvarez noted the premiums pay for the claims and Mayor Baugh
added the premiums are high due to the judges' rulings.
-2- Council Special Meeting & Workshop Minutes
November 21, 1985
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Insurance discussion with City's Department Heads (Continued) -
Mayor Baugh asked the Department Heads if they're having any problems with
the safety program and implementing something like this to help with insurance.
Mr. Wadsworth said they have the program now and have worked on it since they
adopted the safety program and appointed a Safety Director, and he feels the
City is in good shape now. City Clerk Martinez pointed out the accident investi-
gations are done by the supervisors now.
Pat DiLeva, Fire Chief's Administrator, said they are starting a safety program
and they'll be wearing fire equipment to all fires and one man is taking care
of all the equipment. City Clerk Martinez suggested he get a copy of the City's
safety program also.
Councilman Asting stated it has to be ongoing and they can't relax on safety.
City Attorney Alvarez asked Mr. DiLeva if a volunteer is covered by his own
policy if he uses his private vehicle to respond to a call and Mr. DiLeva said
he has to check that. City Attorney Alvarez noted the insurance company might
not pay it if it's not declared as a use, and it's a high exposure area.
Mr. DiLeva asked if a fireman can be sued if he destroys property in a house
and City Attorney Alvarez said only the City can be named as defendant, per
State Statutes, and they're an adverse witness. He added the only area of
exposure is if they acted in a way that's malicious, wanton, or wilful, and
it's a matter of judgement and prudent methods of doing the job.
Chief Schumaker noted his department faces more liability than others and if
the City goes to self-insurance because of economic factors, he'd like to
rewrite the policies and procedures on the pursuit driving and other policies
that will have high liability with it, as the current policy doesn't address this.
Mayor Baugh excused the Department Heads, except for Terry Wadsworth, at this
time, and called a short recess for the engineers to set up for their presentation
at 3:40 P.M. Mayor Baugh called the workshop back in session at 3:50 P.M.
Various engineering matters with City's consulting engineers (Dyer, Riddle,
Mills & Precourt/Marshall, Inc.) - Mr. Marshall showed on a chart the possible
locations for the well fields and treatment plant in the area of 442 and 1-95.
He pointed out the Park Avenue system can be turned into a repump station. He
showed where the lines would be and tying in with the existing piping. He reviewed
what they'd planned in the vicinity of Mission Road and Air Park. Councilman
Asting asked if they'd still expand the present facilities and Mr. Marshall
replied yes. Mayor Baugh asked the time frame and Mr. Marshall said in the
Spring.
Mr. Hartman pointed out they're designing a 20% blend and 80% treated water which
is appropriate and provides potable water. He added they've provided for a
combined chlorine residual and ammoniator concept.
Councilman Asting asked which well would go in first and Mr. Hartman replied
#1 well. Councilman Asting said he thought it would be #4 and Mr. Wadsworth
pointed out it doesn't matter. Councilman Asting asked how far apart the wells
will be and Mr. Hartman replied 500 feet.
Councilman Prater asked about black steel being used for casings instead of
galvanized. Mr. Hartman said galvanized is more expensive and when they
drive it, the galvanized is not as durable as black steel. Councilman Prater
said galvanized is as hard as any black steel if they stay with the standard
well casing and he's concerned with rust. Mr. Hartman said they don't have
to worry about rust with the softening plant, and black steel has been used
for many years.
Mr. Hartman said Exhibit 2 shows the type of well construction and it will be
10" casing with 8" open hole. Mr. Ferrara asked about the 100 feet of casing
and Mr. Hartman said it's approximate, and they have a hydrogeologist on staff
and they'll sink the casing 10 foot into competent rock. Mr. Ferrara asked if
they got their information for this area and Mr. Hartman replied it's from the
New Smyrna Beach area.
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November 21, 1985
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Various engineering matters..(Continued) -
Mr. Hartman reviewed Exhibit 3, expected salinity interface, and pointed
out going further to the west changes the construction cost from what it
was previously quoted to what it is now to generate a higher quality and
high integral type of wellfield. He added they used existing data for the
area, and the wells are 2 miles west of the river.
Councilman Asting asked the increase in production with the new 12" line
and Mr. Wadsworth said it increases the ability to draw water at peak
demand periods. Mr. Hartman pointed out the plant is limited not only in
treatment capability but also high service pumping. There was a review
of the pumping capabilities and Councilman Prater pointed out the larger
pipe gave them more volume.
Mr. Marshall reviewed the alternatives for locations and reviewed on the
charts the present location of the lines. He noted they projected a 20"
line would be needed to handle peak volumes and that's a major cost. He
further reviewed the areas proposed along the FEC line and Mission Road,
which he noted was under water. He noted they chose the parcel of land
adjacent to 1-95 that intersects Glencoe and Taylor near McCallister's land.
He said Mr. McCallister is planning a development there with a road through
the property that will connect with Glencoe and he'll give the City an ease-
ment to run the 10" water main and it will be the shortest distance. He
pointed out it's not in the City now and he's requesting water service there.
He reviewed how they'll go down Taylor to the present water plant.
Mr. Ferrara asked the difference between 10" and 20" per foot basis and
Mr. Hartman said it's about $19.20 per linear foot.
Mr. Marshall pointed out they have dewatering costs coming across 442 and
FEC is at a high point but the ridge is at 1-95. Mr. Hartman stated when
they design the system they'll need to have a loop; and will want a buffer
around it if the City considers servicing to 1-95 to square off the service
area. Mr. Hartman noted the price 'is for material and labor and not for
dewatering.
Mr. Hartman noted they'd submitted a consumptive use permit and it will be
on the agenda for December 9th, and they advertised for the wells and are
receiving bids December 2nd. He added theDER permit should be back the
first of January. Councilman Asting asked if they'd adhere to the schedule
on page 3-4. Mr. Marshall said they're going to try to and they wanted
Council to be aware of what they did and to get surveyors out and continue.
Mr. Hartman pointed out there are three contracts - one for water supply
wells, complete with appurtenances, and one for the water treatment plant
expansion, and one for the transmission system. He noted the three different
contracts will keep the project concurrently running.
Mr. Ferrara and Mr. Hartman discussed the well capabilities in comparison
to those in New Smyrna Beach, and Mr. Hartman reviewed how they can increase
the yields if they're too low.
Councilman Rotundo asked if they're committing to McCallister on the 10"
line on his property and Mr. Marshall said Mr. McCallister's only thought
is he'd like to have water service, or apply for it when it becomes a
finished water line, and the City will get the impact fees for this develop-
ment. Councilman Rotundo asked the number of new customers on 442 versus
Mission Road and Mr. Marshall said the largest number will probably be Air
Park Road, but not enough to justify putting a 20" line in, and that would
be the most expensive route to take to get the raw water to the plant.
Councilman Asting stated they should go along the McCallister property.
Mr. Hartman reviewed the fold-out in the design booklet and reviewed the
treatment units with the new filters. He said the construction plant estimate
is about $850,000. He noted they're putting in a ground floor reservoir of
500,000 gallons and said this will provide for better fire protection. He
noted the existing pump house generator is sufficient for auxiliary power
but they're planning to have two pumping units pumped on auxiliary. He
added that for public health the ammoniator building and tank is included.
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November 21, 1985
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Various engineering matters... (Continued) -
Mr. Hartman noted they're suggesting the water impact fees go from $650 to
$1,000 per ERU to recover the cost for treatment or capacity so the monthly
rates aren't increased except by inflation or maintenance costs, but not for
growth. He noted they have some flexibility in the administrative general
charge and they rounded it off from $238 to $250 which will create some surplus.
He said they can raise it higher but they'd have to mention they're charging
more than the recovery cost. He added the impact fee is the adjustment they're
recommending for the capital construction fund. Mr. Hartman stated they rounded
off the wastewater rate to $1,000 to have a combined impact fee of $2,000, and
they'll recover about $660 more for each new connection. He pointed out there
are federal and state regulations on wastewater and they followed that procedure.
Mr. Hartman stated the estimated cost for water supply wells is $105,000, with
appurtenances at $126,000, RTU's of $201,000, raw water transmission at $426,500,
and water treatment plant complete is $850,000. He reviewed the summary of
costs as $1,583,000 for the estimated construction costs with technical fees
of $108,000 and a contingency for construction services and other miscellaneous
costs of $158,600, for a total project cost of $1,850,000. He noted they'd
looked into funding and there's over $1,000,000 on hand, and they're recommending
using a portion of the unappropriated earnings of $100,000 and then contacting
a local bank and go with a short term bank loan for $750,000. He added that
would be a 5-year term with provisions for the second five years and he felt it
should get retired in one to two years, based on current connection fees.
Robert H. Christy asked about interest and Mr. Hartman replied it would be about
10%. Mr. Christy then asked about FHA. Councilman Asting asked about using
other funds in the water department to help pay for this. Mr. Wadsworth noted
they'll use unappropriated retained earnings and there's $1,000,000 in impact
fees and in excess of $100,000 cash out of the City to pledge toward the water
improvements. Mr. Hartman pointed out they chose the short term loan because
long term indebtedness won't accept a pledge of connection fees and sales and
services, and they don't get the face amount of the bond. Councilman Asting
stated he doesn't want to go with a bond. Mr. Hartman noted that if they needed
a larger amount, it would be a different approach.
Councilman Asting asked if they have to go out for bids and Mr. Hartman replied
yes, and privatization has a cost of accounting and legal fees.
Councilman Rotundo asked if the $1,850,000 amount includes purchase of land and
Mr. Hartman replied it would be under miscellaneous costs.
City Attorney Alvarez asked if this is any replacement of equipment and Mr.
Hartman said this is just system expansion. Mr. Hartman then reviewed the
capacity projections, and pointed out they anticipate the need for another
facilities about 1990 or 1991.
Councilman Prater asked about the quality of the water and Mr. Hartman said it
would be comparable to what they have now. Mr. Wadsworth pointed out it depends
on how much they have to blend. Mr. Hartman noted they'll protect public health
by quenching THM. There was a discussion about ways to increase the yield and
how it will change the quality. Mr. Ferrara reviewed that every home uses
about 350 gallons on water and asked how soon they'd get to 2,857 homes and be
out of water again. Mr. Wadsworth pointed out that's 50% more than they're
servicing now. Mr. Ferrara noted that based on what they have now, it will be
in 4 to 5 years.
Mr. Hartman stated they looked at about 60% sewer customers and they'll be able
to have sufficient sewer plant capacity through the time this is built out and
will need an expansion of the plant around 1990. Councilman Rotundo asked if
they'd increase the present sewer plant or go to another one and Mr. Hartman
said they'd have to look at it but that plant has some flexibility and can be
expanded. Mr. Marshall pointed out they have a permit to discharge to the
Indian River and it's a good quality effluent. Mr. Hartman agreed the waste-
water samples are very good.
Mr. Hartman suggested amendment #2 be considered for execution. Mr. Marshall
noted the amendment is for services and corresponds to the figures in the
documents with the cost of services. He pointed out the technical fees are
6% of the construction costs. Mr. Wadsworth noted it's below the recommended
median on the graph. Mr. Marshall said they figured out the cost and didn't
use the scale of 6%.
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November 21, 1985
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Various engineering matters... (Continued)
Councilman Rotundo asked if this has any legal aspects. City Attorney
Alvarez replied that legally they can use impact fee monies and the other
item is to secure property for wells and get rights of way for planning.
Councilman Rotundo asked Mr. Ferrara for his comments and Mr. Ferrara said
they have to do what they went over and spend the money and the costs are
down and fees are in line for the scales for engineers.
Councilman Asting moved to go back into the Special Meeting. Councilman
Prater seconded the motion. Motion CARRIED 5-0.
Councilman Asting moved that on page 8-l1the engineering report,items 5 and
6, that the City provide approval to Amendment No. 2 allowing the engineering
design activities to be accomplished for the water system expansion program.
Councilman Prater seconded the motion. Motion CARRIED 5-0.
Councilman Asting moved to authorize the staff to obtain the land,easements,
and other activities necessary to implement the water system expansion
program. Councilman Inman seconded the motion. Mr. Ferrara noted that in
getting the easements, they'll be located and given the descriptions. Motion
CARRIED 5-0.
Councilman Asting asked if they need to designate the City Attorney and City
Clerk to continue the insurance and Mayor Baugh replied no.
Mr. Wadsworth suggested for the capital charge adjustments for water and
wastewater that they instruct the City Attorney to prepare the necessary
ordinances and change the existing ordinances as needed, and they could take
action on all the items on page 8-1.
Mayor Baugh read the six items on page 8-1. Councilman Asting said he thought
item 6 covered all of these. Mayor Baugh asked for a motion to accept page 8-1,
items 1 through 4, of the engineers' recommendations, since 5 and 6 were done
previously. Councilman Asting so moved. Councilman Rotundo seconded the
motion. Motion CARRIED 5-0.
Mr. Wadsworth said there's an equipment manufacturer in Ormond Beach who wants
to prototype a sludge thickening unit in our treatment plant with no. cost to
the City and the City Attorney has reviewed the agreement. He added that all
they want to do is take pictures of it if it works and have people look at it,
and it's for dewatering the sludge, but they need Council permission to place
it on City property. Mayor Baugh requested a motion to accept this and let
Terry Wadsworth proceed. Councilman Inman so moved. Councilman Prater seconded
the motion. Motion CARRIED 5-0. Mayor Baugh asked if there is any cost and
Mr. Wadsworth replied no. City Clerk Martinez asked if authorization is needed
to execute the agreement and City Attorney Alvarez replied it's been authorized.
Insurance discussion with City's Department Heads - Mayor Baugh noted that this
was covered in the other part of the meeting.
Bills and Accounts - Councilman Rotundo moved to pay these bills. Councilman
Asting seconded the motion. Motion CARRIED 5-0.
Mr. Ferrara, Mr. Marshall, and Mr. Hartman left the meeting at this time,5:35 P.M.
Recommendation on bids for Utilities Department and Public Works Department
backhoes - Mayor Baugh noted the memo is to go with State bids and reject all
bids. Mr. Wadsworth said in lieu of the trade in, he'll pay his department for
the amount allowed, but reject the regular bids because they don't conform to
specifications. Councilman Prater asked if there's a discount if they buy both
at the same time and Mr. Wadsworth replied no. Mayor Baugh asked for a motion
to reject all bids received. Councilman Inman so moved. Councilman Prater
seconded the motion. Motion CARRIED 5-0.
Councilman Prater moved they go ahead with the bid through the State for the
two units. Councilman Rotundo seconded the motion. Councilman Inman asked the
delivery date and Mr. Wadsworth said he was told it would be prior to January
1st. Councilman Inman asked about the trade off of the backhoe and Mr. Wadsworth
said it will be the same amount. Councilman Inman noted that Earl Copeland wanted
one for the trash burning to drop the materials in and not damage the tiles.
Motion CARRIED 5-0. Mr. Wadsworth left the meeting at this time, 5:37 P.M.
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November 21, 1985
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Police matters - Mayor Baugh stated that he asked this item be placed on the
agenda because they hadn't talked to the Chief since he came here and he
wanted a report back from the department on their activities. He said he's
received some complaints that he wants to bring before Council and he'd like
to hear any other problems or complaints. He suggested they set up a monthly
meeting with the Chief because they still have to evaluate him and he can't
do it based on what he's seen. Councilman Asting noted it wasn't a set monthly
meeting, sometimes it was 5 or 6 weeks. Mayor Baugh said they want to know his
plans to improve. Councilman Asting said it was called by the Council as
circumstances warranted. Chief Schumaker said he has no problem with the
monthly meetings but asked that they not follow a long engineering meeting.
Mayor Baugh asked if there was any problem with monthly meetings and no
Council member expressed an objection.
Mayor Baugh said he has a letter from people at 1202 South Riverside Drive and
they requested help for vandalism on a fence and they're still waiting for the
Police to show up, and they haven't been contacted to resolve the problem.
Councilman Asting asked if it's a letter to Council and Mayor Baugh said he
picked it up that day. City Clerk Martinez noted it wasn't received by City
Hall.
Mayor Baugh said there was an incident at Southeast Bank that occurred November
6th when a black man came into the bank and New Smyrna Beach units were called.
He said it was a stolen safe deposit key, and the unit drove around the area
and the bank if still waiting for them to contact him. He noted the gentleman
went back into the bank and was about 6'5" and was mixed up. He said New Smyrna
Beach had some burglaries of vehicles and they assumed that's the man who did
it and New Smyrna Beach still hasn't heard anything, and he asked why. He
said no report was made of this because he checked on it. He stated he's here
to protect the citizens and it bothered him that the man went back and could
have hurt somebody. Councilman Prater asked the date this happened and Mayor
Baugh replied November 6th.
Mayor Baugh said he had an incident at his home with a young man in his back
yard with a machete and it took 5 minutes for someone to respond and the officer
still hasn't asked him any questions about it. He added that a neighbor also
saw the man and he wasn't questioned. He noted the young man was brought to
the station and questioned,and he came in to see the report and there was none.
He said he called Lieutenant Britain the following week and was told there was
no report and the following day the report was in his box. Chief Schumaker
stated that he got him the report and Lieutenant Britain delivered it. Mayor
Baugh pointed out the report was only made after he questioned it.
Chief Schumaker stated they received the call from the Southeast Bank to the
effect there was a black man in the bank with a key to a safety deposit box
but they told the dispatcher they'd taken the key away from him and they saw
him cross the street and go to the Winn-Dixie. He added that the dispatcher
contacted the officer and he responded to the Winn-Dixie parking lot and checked
the lot and went into each store looking fot the man but was unable to locate
him. He said the officer thought he might be hitch hiking and he checked the
roadway. He noted the only thing that was done wrong was he didn't go back to
Southeast to tell them the situation and this was brought to his attention,
but his procedures prior to that were in the guidelines of good police work.
Mayor Baugh said he didn't go back to the bank to see whose key it was and to
get a description of the man, and he still hadn't contacted New Smyrna Beach.
He added that he would contact neighboring cities to alert them it's a possible
hitch hiker, and New Smyrna Beachhad some items stolen out of cars. Chief
Schumaker asked if a safety deposit key was one of the items stolen and Mayor
Baugh replied yes. Mayor Baugh again stated they didn't go back and contact
the bank to see if everyone was all right. Councilman Asting asked if the
man went back to the bank and Mayor Baugh replied yes. City Clerk Martinez
asked if the bank called the Police Department back and Mayor Baugh said he
didn't know.
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November 21, 1985
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Police matters (Continued) -
Mayor Baugh stated they should go back on any case and check with the people,
and the officer still hasn't talked to him.
Councilman Asting pointed out that additional training is possibly needed on
procedures and how to act in situations like that. He then asked if it was a
new officer. Mayor Baugh replied he's been here awhile.
Councilman Inman agreed that maybe they need additional training but he asked
who has never made a mistake. Mayor Baugh agreed people make mistakes but he
doesn't want someone to get hurt because of this. Councilman Inman said he
recommends to the Chief that the personnel make out a report anytime they have
an incident. Chief Schumaker said the assumption is that it's incorrect and
in 99% of the times, there are reports made. Mayor Baugh said the report wasn't
made until a week later when he complained about it.
Chief Schumaker noted they received the call at his home and 2 minutes later
they arrived at the scene. Mayor Baugh stated that according to the records,
it was 5 minutes. Lieutenant Britain said it was 4 minutes. Chief Schumaker
reviewed the recorded times and noted it was a code 3, no emergency, and they
took the young man from the back yard into custody, and then called his guardian
who picked him up. He added the young man has joined the U.S.Army and is awaiting
orders. He said Officer Vecchi had made out a field contact card on the boy and
when the Mayor asked for more data, he asked Officer Vecchi for a report and he
submitted the full report that was placed in the Mayor's box on the 23rd.
Lieutenant Britain said he doesn't see field contact cards and wasn't aware this
was made out, and hadn't talked to Sergeant McEver or Officer Vecchio
Councilman Rotundo stated any more incidents like this should go to the City
Clerk/Administrator. Chief Schumaker said in February, 1985, the Council approved
a procedure for citizens to make complaints regarding the Police Department for
whatever problems. He read an excerpt of the procedure which stipulates the
report will go to the office of the Chief of Police. He pointed out if this is
done he'll have a controlling factor on how the department is run, but if it's
circumvented by citizens by going around the Police Department, then nothing will
be done constructively because he has to be able to discipline that department.
Councilman Asting agreed. Chief Schumaker said if it's a complaint regarding the
Police Department, all they have to do is direct it to the Chief who'll take the
appropriate action, or not act, then the Council should remove him if he's not
doing the job. He added that he can't allow his officers to be exposed to threats
of "I know this gentleman" or "I know that one", and they'll have to come to him
if there's a problem. He pointed out he's been here 3~ months and hasn't had one
complaint of misconduct of any officers until this point from the Mayor. Mayor
Baugh stated every complaint came into the Police Department and then they called
him after nothing was done. Chief Schumaker said he answers every call and never
tells people he isn't in, and doesn't know why he's being shielded from such dis-
satisfaction. Mayor Baugh said he's had more incidents and he tells them to call
the Police Department. Chief Schumaker said he found that difficult to believe
because if they can't get action or can't get hold of the Police, there's a problem.
Councilman Inman said anytime a citizen has a complaint, he understands they come
to the department to fill out a complaint form, and shouldn't go to a Councilman
or the Mayor to get information. Chief Schumaker stated he won't address a complaint
on verbage and it has to be reduced to writing so it won't change and there will
be documentation on it.
Mayor Baugh said he got this information at his home. Chief Schumaker asked
why he didn't get it. Mayor Baugh said he talked to the attorney and was told
that the entire Council should be aware of it and he felt it was important to
the citizens, especially with the bank incident and he feels the officer should
check with the people who complained.
Mayor Baugh said they had a former Mayor who was ridiculed when he went with a
Department Head somewhere and later resigned, and he won't be that way.
-8- Council Special Meeting & Workshop Minutes
November 21, 1985
.~.
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Q
Police matters (Continued) -
Chief Schumaker asked the Mayor why they waited two weeks after the Southeast
Bank incident. Mayor Baugh said he talked to the City Attorney about it and
also the City Clerk wasn't there.
Councilman Asting asked if the Police Department has a training program and
Chief Schumaker replied yes, as much as the monies allow and the biggest problem
is to find the adequate personnel while a person goes to the training.
Councilman Asting noted these things will be included in the training confer-
ences and Chief Schumaker commented it's already been done, and he talked to
the officer involved and told him he made a mistake and he's agreed it was.
He pointed out he has mostly young officers or veterans and Police work is
experience, knowledge, and instinct.
Councilman Asting stated that communications to any Council member concerning
any of the departments should be given to all Council for their knowledge
and for necessary action. City Clerk Martinez said it should be at the time
of the incident and not two weeks later. Mayor Baugh again said he talked to
the City Attorney about it and the Deputy City Clerk.
Chief Schumaker said the officer responded to the situation at the Southeast
Bank with what he was given over the radio and it was just routine, and he
doesn't know why the bank has difficulty in bringing it to his attention.
Mayor Baugh said the bank didn't want it brought to his attention, and he's
looking at what could happen. Chief Schumaker said he won't consider hypo-
thetical instances and Southeast Bank should have called back when the man came
back in the bank. He pointed out an officer is there daily for bank deposits
but they didn't receive the information until 3 weeks later that the bank was
upset that they didn't respond. Mayor Baugh said Police procedure is to contact
them. Chief Schumaker agreed he would have handled it differently, but he
doesn't think this should have been brought up in a situation such as this.
Mayor Baugh said he wanted to bring to Council's attention what was brought to his.
Councilman Asting asked the Chief if he had any problems he wanted to talk about.
Chief Schumaker stated in the 3 months he's been here, the department has come
a light year and they should check with the responses the officers are giving to
99% of the situations. He added the morale has improved and they have some
problems because he's trying to undo some of the idiocyncracies of the past few
months. Councilman Asting said he feels the morale has improved considerabley and
the officers are doing a good job. Chief Schumaker pointed out in the last month
they responded to 920 calls and the officers initiated 1700 contacts. He noted
that he gets complaints about speeders in the Shores area and he's concerned but
two officers have to cover a city of 10,000 and to cover all the calls they have,
there will be some miscommunications or missed calls because one call will super-
sede another call.
There was a brief discussion between Mayor Baugh and Chief Schumaker regarding
an officer talking to a girl outside his car at the shopping center for an
extended period of time.
Chief Schumaker said if something is brought to his attention, he'll make an
inquiry and get an answer but if it goes a long time, the officer has to research.
Councilman Inman said he feels the Chief is doing a good job, and he's improved
the department with morale and operations problems will be alleviated with a full force.
Councilman Asting said he's satisfied also. Councilman Rotundo also stated he's
satisfied.
Mayor Baugh requested a motion to adjourn. Councilman Asting so moved. Councilman
Inman seconded the motion. Meeting adjourned at 6:18 P.M.
Minutes submitted by:
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~tura Sue Koser
ATTEST:
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CITY CLERK Ij.~
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COUNCILMAN - ZONE THREE
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~COUNCILMAN - ZONE FOUR
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-9- Council Special Meeting & Workshop Minutes
November 21, 1985