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05-15-78SpMtg 4O5 MAY 15f 1978 A Special Meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:10 P.M., Monday, May 15, 1978, with Mayor Leon M. Weekes presiding, city Manager J. Eldon Mariott, Assistant City Attorney Clifford Shandy and Council Members Robert D. Chapin, Charlotte G. Durante, Aaron I. Sanson, IV, and James H. Scheifley present. Mayor Weekes called the meeting to order and announced that same had been called for the purpose of considering purchase of police cars. The City Manager advised that this item concerns the one-car plan for the Police Department and the meeting tonight is for the purpose of considering the award for the purchase of 37 police cars to be used in connection with this plan. The low bid figure out of the four bids received was from Earl Wallace Ford in the amount of $199,727.11 for 37 automobiles. The City Manager further advised that the last time this subject was discussed at workshop it was agreed that quotations for the purchasing of the cars would be secured, and the City Attorney's Office was to have further con- versation with the City's insurance consultant and risk management consultant and report back to Council; both these actions have been taken and it is appropriate that the matter now be officially con- sidered by Council. Mr. Chapin stated that this is one of the hardest decisions he has had to make since he has been on Council. He has read in detail all the arguments for the proposed plan and listened to the many reservations against it and feels that there is much to be said for it. However, based upon his legal experience and sensitivity to the extreme liberality in which the courts have gone, particularly in the State of Florida, to allowing judgments against municipalities, he feels tha~ until the question as to the extent of municipal tort liability is resolved by the Courts he is reluctant to support this plan. Mr. Scheifley advised that ever since this program was presented he felt that it could be successful on two conditions: (1) if the men want it and take pride in it, and (2) if it is very closely supervised. Mr. Scheifley stated that within six months we should have a very good idea if the plan is feasible; he has every confi- dence in the Police Chief that it will be successful. He advised that if we can reduce crime substantially, he would be in favor of the plan. Mrs. Durante stated that she respects the reservations of Mr. Chapin; however, there is nothing that you can enter into without any risk at all. The program has been presented to her well enough that she is in favor of it. Mr. Sanson advised he still has some reservation about the plan since he is not quite sure the response from the insurance consultant answered what he was looking for as to liability. A lot of answers are, in his opinion, still rather unclear as to their actual inter- pretation. Mr. Sanson stated he would probably support the plan at this point, but only with the provision that no passengers be allowed in the vehicle unless legally immediate family members (insurance definition) are regarded as insureds. He stated that when the vote comes he has decided very strongly that he does not feel that the cars should be provided to anyone who lives outside the City limits or our reserve area; in other words, he does not feel anyone living in Boynton Beach or Boca Raton should have a car. Mayor Weekes stated he feels the plan has the potential of reducing crime in Delray Beach and is willing to try it on that basis. Mayor Weekes advised he has confidence in the Sovereign Immunity Act of the State of Florida; his concern is more with the passenger hazard insofar as the insurance is concerned and providing insurance for the passengers in these vehicles, and there is a problem in this area which has to be resolved. Other than that and assuming that the insurance problem can be resolved, he would support the concept. Mr. Sanson moved that the one-to-one car plan be implemented in the City of Delray Beach with the policy decisions that the officer only will be allowed to drive the car, no passengers will be allowed in the vehicle and the officer eligible for the car has to live within the geographical City limits of Delray Beach and the reserve area. The motion died for lack of a second. Mr. Sanson moved that the one-to-one car plan be implemented in the City of Delray Beach with the provision that only the officer will be allowed to drive the car and the officer eligible for the car has to live within the geographical City limits of Delray Beach and the reserve area, seconded by Mrs. Durante. The motion passed unanimously. Mrs. Durante moved that should this plan be instituted that no passengers other than immediate family members be allowed to ride with the officer, seconded by Mr. Scheifley. Upon roll call, Council voted as follows: Mr. Chapin - No; Mrs. Durante - Yes; Mr. Sanson - Yes; Mr. Scheifley - No; Mr. Weekes - No. The motion failed by a vote of 3 to 2. Before roll call, the following discussion was had: Mr. Scheifley asked the Assistant City Attorney if there is a definition for "immediate family members". The Assistant City Attorney stated usually they are thought of as parents and children and spouses. Mayor Weekes stated the problem as he sees it is that unless the officer owns a personal vehicle, the patrol vehicle is not entitled to personal injury protection coverage, the passenger is not entitled to workmens' compensation, the passenger is not under the guest statute of the State of Florida and cannot sue the driver of that vehicle unless there is gross negligence involved, we are not providing medical payment coverage, and, therefore, there is no way for a passenger in that vehicle to recover for his injuries. Mr. Chapin stated originally he felt that once he got over the - insurance questions that he could support this program, but he be- lieves that if you eliminate passengers from this program you are going to emasculate it and defeat the whole concept of the visibility of the patrol cars, and he would not want to vote for a plan that has been so gutted that it was no merit to it. If 'you say immediate family you exclude girlfriends or boyfriends and would not be fair to the single officer. Mr. Chapin explained the Guest Statute pro- hibits a passenger in a car, as a matter of legislative policy, from suing the driver of that automobile and it is a restrictive limita- tion on recovery. - 2 - 5/15/78 407 At this point the roll was called on the motion. At this time (7:40 P.M.) the city Manager asked the Mayor to call a five minute recess. Mayor Weekes reconvened the meeting at 7:45 P.M. The City Manager stated he asked for the five minute recess to reaccess the Administration's position. He advised that he and the Chief of Police have supported this plan for many months; however, they do not support it on the basis that they are trying to sell it as a method of reducing crime. The City Manager stated that the adoption of the restriction that Council has effectuated by motion as regards the place of residence of the officer, either that or the second restriction which was not adopted, either one of those or both together would emasculate the plan to such an extent to make it unworkable from an Administrative standpoint and a morale standpoint in the department. He and the Chief of Police have made a quick guesstimate of the number of officers who would be affected by this restriction and it would appear that a total of about 21 would be affected, about a third of the sworn personnel. The Administration feels that with the plan not applying to roughly a third of the personnel it would be worse to adopt the plan than to not adopt it; therefore, the Administration withdraws its support from the plan and asks Council to not approve it. The City Manager advised the City needs 15 to 17 police cars and the City has provided 70 some thousand dollars in the budget for these cars. City Manager Mariott stated he did not know if the low bidder would permit the bid figures to stand for this smaller number of cars since we are not going to the plan at this time, but it would be advantageous for the City to make that award; if Council is so disposed they might consider making the award contingent upon the acceptance by Earl Wallace Ford of our buying the number of cars that we have money for in the budget. Mr. Chapin moved that Council approve acceptance of the low bid from Earl Wallace Ford for 15-17 cars as required by the Police Department on the assumption that the bid figure for 37 cars would also apply for the 15-17 cars, seconded by Mr. Sanson, said motion passing unanimously. Mr. Scheifley stated he does not feel Council should consider this one car plan a dead issue; he does not see why it cannot be revived at any time after more thought goes into it. Mr. Chapin moved at 8:00 P.M. for the adjournment of the meeting, seconded by Mr. Scheifley, said motion passing unanimously. APPROVED~ ~ Cit: ~erk MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of May 15, 1978, which minutes were formally approved and adopted by the City Council on ~/~?~ .~2~, / ~ 7~c~. ~_~ ~ ~_ ~.-~_-~. ~ ~ ~--~--~-~ ~. ~.-~ City C~erk - 3 - 5/15/78 NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions or deletions to the minutes as set forth above. - 4 - 5/15/78