12-03-1984 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
DECEMBER 3, 1984
MINUTES
CALL TO ORDER
Mayor Baugh called the meeting to order at 7:00 P.M. in the Community Center.
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 Kinsey
Police Chief Douglas Betts
Present
Present
Present
Present
INVOCATION AND SALUTE TO THE FLAG
The invocation was given by Father Daigle. There was a salute to the flag.
APPROVAL OF MINUTES
Special Meeting of November 26, 1984 - Councilman Asting moved to approve the
minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0.
BILLS AND ACCOUNTS
Councilman Asting moved to pay the bills and accounts. Councilman Inman
seconded the motion. Mayor Baugh asked about a bill on page 2 to Lawmen
Shooters' Supply and City Clerk Kinsey replied that it's for speakers, dash
lights, rear flashing lights and wigwags for the Police vehicles. Motion
CARRIED 5-0.
City Clerk Kinsey noted that there's a supplemental bill to Volusia County in
the amount of $73.80 for repairing the traffic light at Park Avenue and no
purchase order was obtained. She added that there is a memo from the depart-
ment head stating why. Councilman Inman moved to pay the supplemental bill of
$73.80. Councilman Prater seconded the motion. Motion CARRIED 5-0.
MISCELLANEOUS
Mr. Robert H. Christy stated that he's representing the Disabled American
Veterans, the Veterans of Foreign Wars, and the American Legion and they're
requesting a piece of property to have a veterans' memorial and a veterans'
park. He stated that they're in desperate need of a building for their
meetings. He noted that the City has 10 acres of land that's not being
used and it was recommended as a park but could be used as a memorial park
for veterans. Mayor Baugh asked which property was meant and Mr. Christy
replied that it's the old dump and the land was agreed to be used for some
kind of park. Mr. Christy noted that the veterans pay to meet in different
areas, and this was brought before the prior Council and they turned it down
but he hopes this Council has the courage to give the parcel of land to the
veterans to make it a veterans memorial. He added that he isn't referring to
the land at Indian River Boulevard because they may want to put a bridge there
some day. Mayor Baugh said the Council will need a workshop on this because
they aren't familiar with it. Mr. Christy asked that it be brought up on the
next meeting agenda.
Mr. Christy then asked Mayor Baugh for a copy of a letter promised to him
which was written by Dan Holahan when he was Mayor regarding Frank Opal's
harrassing him and being paid $200. for it. Mayor Baugh stated that Mr. Christy
was told that it's in the hands of the State's Attorney, and he'd give him a
copy if he could.
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MISCELLANEOUS (Continued) -
Mrs. Gigi Bennington, Virginia Street, stated that as an ex-Councilperson
she took offense at the statement made by Councilman Inman at the November
28th meeting that Chief Betts won't get a hatchet job like the present Mayor
got when he was Chief and he didn't want to see anyone get railroaded. She
noted that some of the present Council members weren't at the meeting that led
to the termination of Earl Baugh. She stated that she has documents that show
Earl Baugh was given due process and got his public hearing before he was termin-
ated and it's all a matter of public record. She said she called a Special
Meeting on February 7th for February 8th and called it after taking a trip to
Daytona Beach to tell him about the Special Meeting and to let him know how
she personally felt. She added that at the February 8th meeting there was a
message given that Earl Baugh wanted a recess until February 13th at 10 AM.
She noted that a letter was hand delivered to Earl Baugh on February 10th and
to his attorney telling them of the meeting and to bring any information they
felt necessary. She said he was asked if he had time to confer with his
attorney and he replied yes. She continued that Mayor Ledbetter asked the
City Clerk if she had anything to say and she answered that based on both
evaluations, the remarks that Mr. Tucker made, and the potential civil liability
risk involved, she recommended that Earl Baugh be terminated at the close of
his work day March 1, 1984. She stated that the motion was made and passed 4 to
1 to terminate him at the end of 30 days from February 13, 1984. She noted
that these are all public records and Council should consider these records
and then make their decisions before they decide who was railroaded, and
before making statements. Mayor Baugh stated that he did not request the
meeting while he was in court and Mrs. Bennington said he asked for the post-
ponement. Mayor Baugh stated that Mrs. Bennington never spoke to him about the
meeting and City Attorney Alvarez told him about the meeting.
Mr. Victor Rosa, 317 Wildwood Drive, asked if Council had found out anything
about the damage to the roads on Wildwood Drive which was caused by the tractors
and trucks. Mayor Baugh agreed the roads are in need of repair and noted that
this was sent to the City Engineer. Mr. Rosa stated that the Code Enforcement
Officer was also to be involved with this.
Mr. Frank Opal, Florida Shores, informed Mr. Christy that it went from $700.
to $200. and the State's Attorney had whitewashed it. He stated that in August
Council passed ordinance 84-0-15 regarding impact fees to be effective October
1st, 1984, and asked if it's being enforced. City Clerk Kinsey replied yes.
He stated that he'd heard that City Clerk Kinsey had so much work to do and
there's a resolution passed to restore her titles back to her previous status.
He noted that the citizens voted to delete from the Charter any reference to
a City Manager, and suggested they call for a vote and go for a real City Manager.
Mr. Walter Gross, 909 Lake Avenue, stated they deleted the City Manager from
the Charter about two years ago and he checked the dictionary and it defines
a manager as an administrator and an administrator as a manager. He noted that
there's a resolution to hire permanently a City Manager, City Clerk, Finance
Director, Pesonnel Director, and Budget Director, and there's no mention of a
salary, probation, a contract, and getting applications for the position.
He asked the Mayor if he could ask the City Attorney a question and Mayor
Baugh replied that he'll answer when the resolution is discussed.
Mayor Baugh asked Council's direction about the time limit of Audience Miscell-
aneous. Council members agreed that the three minutes as stated was acceptable.
Mr. John Siburn, Connecticut Avenue, asked about casting the first stone and
stated that Councilman Asting said that Chief Betts had two reprimands while
with the Highway Patrol about 10 years ago and the man he voted to retain was
dismissed 10 years ago for conduct for which he was also dismissed from the
Edgewater Police Department. Councilman Asting moved that Mr. Siburn be made
to return to his seat. Mayor Baugh asked Mr. Siburn to return to his seat.
-2- Council Regular Meeting Minutes
December 3, 1984
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COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES
City Council Reports - Councilman Asting stated that every Tuesday morning
after a Council meeting the City Clerk and department heads meet and she
goes over the agenda and decisions and instructions of Council. He noted that
the Police Chief has not been attending these meetings and he moved that starting
tomorrow morning that Chief Betts attend the department head meetings. He added
that the meetings are to coordinate departmental activities in accordance with
Council's wishes. Councilman Rotundo seconded the motion. Motion CARRIED 5-0.
Councilman Asting stated that past custom has been that the City give a small
gift to each employee around the Christmas holidays and it's been a gift certifi-
cate for food and he moved that each City employee be given a $15.00 gift certifi-
cate for use at a local grocery store. He noted that money for this action is
in the City Council's funds. Councilman Inman seconded the motion. Mayor
Baugh noted that you can't buy a turkey for $15.00. Councilman Asting stated
that this would cost about $1,200.00 and he didn't think they should go any
higher at this time. Motion CARRIED 5-0.
Councilman Asting said it felt it would be appropriate and moved to close down
City Hall at 12 noon on December 24th in preparation for the celebration of-
the Christmas holidays and that those necessary City services be continued and
those employees be given time off later as appropriate. Councilman Prater
seconded the motion. Motion CARRIED 5-0.
Councilman Inman pointed out that Section 2-29 regarding addressing the Council
refers to the fact that all remarks shall be addressed to the Council as a body
and not to any member thereof and he moved that this section be enforced.
Mayor Baugh stated that a motion is not needed since it's in the Charter and
they'll enforce it. Councilman Inman agreed.
City Attorney Reports - City Attorney Alvarez stated that the City Clerk had
some items he'd be speaking on later and he'd defer to her.
City Clerk Reports - City Clerk Kinsey stated that she'd received a request
from Vic Vandergrifft to use City facilities at no charge for the Edgewater
area junvenile arbitration hearings to be held about four times a month and
he'd requested either the Community Center of Shuffleboard Building. Mayor
Baugh asked if there's a set time and City Clerk Kinsey replied that it's
according to the case load. Mayor Baugh noted that he can work this out with
City Hall on the calendar. Councilman Prater moved that they will give him
approval to do so. Councilman Asting seconded the motion. Motion CARRIED 5-0.
City Clerk Kinsey confirmed that he'll have to reserve the calendar.
City Clerk Kinsey stated that Vic Vandergrifft also asked permission to place
a needy Christmas basket box for staple goods and canned goods in the Community
Center. She added that no cash should be received, but if it is, it will have
to be turned over to City Hall and the proper purchasing procedure followed.
Mayor Baugh asked if there is money in the account now and City Clerk Kinsey
replied that there's money from last year that's earmarked for this. Mayor
Baugh asked if Council wished to make a motion authorizing him to do that and
Councilman Rotundo made that into a motion. Councilman Prater seconded the
motion. Motion CARRIED 5-0.
City Clerk Kinsey stated that Council authorization is needed to cut the
check for the December 13th Volusia League of Municipalities meeting. Mayor
Baugh asked who would be attending and all Council members indicated they
planned to attend. Mr. Walter Gross, from the audience, asked what this is
for and City Clerk Kinsey replied that it's the monthly meeting and this month
it's hosted by Port Orange and being held at Marko's. Mayor Baugh asked for
a motion to cut the check for this dinner and Councilman Asting so moved.
Councilmen Rotundo and Inman seconded the motion simultaneously. Motion CARRIED
5-0.
-3- Council Regular Meeting Minutes
December 3, 1984
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COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) -
City Clerk Reports (Continued) - City Clerk Kinsey stated that the Public
Works Superintendent has asked Council authorization to advertise for bids
for a current year or later model refuse truck and trash truck. She noted
that these items were discussed in July at budget hearings and the money was
made available. Mayor Baugh asked where the money would come from and City
Clerk Kinsey replied that they have 50C a month per garbage customer in the
equipment reserve fund amd the garbage truck will come from that and the one
ton trash truck will come from Federal Revenue Sharing funds. Councilman
Asting moved that they authorize the advertising for bids. Councilman Prater
seconded the motion. Councilman Inman stated that the City is in dire need
of both trucks and he's heard citizens complain about trash and refuse sitting
in front of their houses for two to three weeks or a month and nobody picks
it up. He pointed out they only had one truck to pick this up. Mayor Baugh
asked Mr. Earl Copeland, Public Works Superintendent, if he has the people to
man these trucks and Mr. Copeland replied yes. Councilman Asting pointed out
the addition of another trash truck will divide the City in two routes and
they'll have quicker pickups. Motion CARRIED 5-0.
City Clerk Kinsey stated that in the past the Police Department has had an
annual public auction in December to dispose of the lost and found bicycles
stored in the City Barn and they're requesting Council's authorization to
do this. Mayor Baugh asked how many are there and Chief Betts replied there
were 11 at the last count. Councilman Inman so moved to have the sale.
Councilman Asting seconded the motion. Motion CARRIED 5-0.
City Clerk Kinsey stated at the November 27th School Board meeting the
Board authorized the Superintendent to amend the lease agreement between the
School Board and the City of Edgewater to allow construction of a concession
stand on the Elementary School site. She pointed out that based on this, they
need Council authorization for the City Attorney, Mayor and City Clerk to
prepare and sign the necessary changes or addendums to the lease agreement to
start construction of the concession stand as quickly as possible. Mayor
Baugh asked if the School Board's attorney is working on this and City Clerk
Kinsey replied yes. City Attorney Alvarez pointed out that he'll need authori-
zation from Council to proceed with whatever needs to be done and documents
have to be signed amending the lease and they're normally signed by the Mayor
and City Clerk and authorization should extend to those two officials.
Councilman Inman asked how long this lease is for and Mayor Baugh replied
that it's about 97 more years. Councilman Inman pointed out that when they
put the building on there it's not going to have to be reverted back to the
people who own the property with a 99-year lease. Councilman Rotundo moved
that they authorize City Clerk Kinsey to make a resolution to that effect
and authorization for Mayor Baugh and City Clerk Kinsey to go ahead, pending
the City Attorney reviewing it and making sure it's okay. Councilman Inman
seconded the motion. Motion CARRIED 5-0.
City Clerk Kinsey stated that Council expressed a desire for a special meeting
and workshop to discuss pending items and suggested Wednesday at 2:00 PM if
Council agreed. Mayor Baugh said City Attorney Alvarez has court that day and
possibly he does also. City Attorney Alvarez suggested they proceed with it
and if something comes up needing his advice he can review it later. Council
members agreed they would have a Special Meeting and Workshop at 2:00 PM on
Wednesday.
City Clerk Kinsey stated that Chief Betts requested permission to advertise
for bids for a mid-sized pick up truck for the Animal Control Officer as the
current vehicle is in very bad shape. Councilman Asting said he thought they
agreed on a compact rather than mid-sized and putting a cab on the back. City
Clerk Kinsey noted that money was budgeted in this in Federal Revenue Sharing.
Mayor Baugh asked who would draw up the specifications and Chief Betts
replied that he will. Councilman Asting moved to authorize this. Councilman
Rotundo seconded the motion. Motion CARRIED 5-0.
-4- Council Regular Meeting Minutes
December 3, 1984
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COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued)
Public Works Department - Opening of bids for tractor - City Clerk Kinsey
certified that bids were received from the following: Tom Nehl GMC Truck Co.;
Moddy International Trucks, Inc.; Central Florida Mack Trucks, Inc.; Superior
GMC Trucks, Inc.; and Boebinger International Truck Sales, Inc.. She opened
the bids and read the totals: Tom Nehl GMC Truck Co.- $47,187.00; Moody
International Trucks, Inc. - $53,703.00; Central Florida Mack Trucks, Inc. -
$55,945.60; Superior GMC Trucks, Inc. - $53,914.00; and Boebinger International
Truck Sales, Inc. - $52,306.00. She recommended that these be turned over to
the Public Works Superintendent for review to see if they meet the requested
specifications. Councilman Asting moved that the bids be turned over to Earl
Copeland and have him come back to Council with his recommendation. Councilman
Inman seconded the motion. Motion CARRIED 5-0.
Parks & Recreation Board request re: clarification of Recreation Impact
Ordinance #83-0-20 - City Clerk Kinsey read the November 21, 1984, memo from
Kirk Jones, Chairman of the Parks & Recreation Board, in which he requested the
City Attorney research Ordinance 83-0-20 to clarify Section 4(a) and 5(a).
Mayor Baugh asked City Attorney Alvarez if he'd had an opportunity to research
this, and City Attorney Alvarez said the question has been raised several times
and the ordinance is clear and needs no research. He noted that the past Council
went on record specifically stating their legislative intent in enacting the
ordinance and Council can amend the ordinance if that's their wishes. Councilman
Asting moved that the City Attorney amend Ordinance 83-0-20 to include that
funds accumulated under this ordinance be also used to provide recreational
equipment, facilities, and land improvements as determined by the City Council.
He added that he felt that was the expressed intent of the previous Council.
Councilman Inman seconded the motion. Councilman Asting asked the City
Attorney if this seems to meet the requirements and City Attorney Alvarez said
the language as determined could include tennis courts and swimming pools, etc.
and it will take specific Council action for specific expenditures when it's
going to take place. Councilman Asting pointed out that it will be based on
the recommendation of the Parks and Recreation Board. Mayor Baugh said he
questioned using the money for a bike path that's on the side of a County road
and asked if the City will get funds from the County. City Clerk Kinsey replied
that she didn't think so. Councilman Asting pointed out that the bike path will
be used by adults as well as children and it's in the City limits, and Council
can decide if they'll go for it and make the final determination. City Attorney
Alvarez said Council will have to determine if they want to spend it on a par-
ticular project. Motion CARRIED 5-0. City Attorney Alvarez asked if this just
needs amended and Mayor Baugh replied yes.
Planning and Zoning Board recommendation re: R-4 requirements for Pelican Cove
West - City Clerk Kinsey read the November 26, 1984 memo from the Planning
and Zoning Board which recommended that the R-4 requirements for Pelican Cove
West be the same as they were when the subdivision was given final approval.
Mr. Don Bennington, Chairman of the Planning and Zoning Board, stated that
the letter from Dennis Fischer, Building Official, states that the setbacks
and square footage requirements were changed drastically but the changes
were for duplexes only which was from 30 feet to 40 feet front setback and
20 feet to 25 feet rear setback and that was done to have duplexes the same
as all other multi-family in R-4. He added that they recommended that Pelican
Cove West, Shangri-La, and Gas Lite Square be exempt and this was included in
the minutes from the Council meeting but not in the ordinance. He noted that
there are single family homes there and most are not on 50 foot wide lots
which is a direct violation of the ordinances and this should go to legal
rather than to the Planning and Zoning Board. Councilman Rotundo moved to
TABLE this for further consideration. Mayor Baugh noted that Mr. Bennington
listed some differences from Dennis Fischer's letter. City Attorney Alvarez
pointed out that Mr. Bennington stated the intent was to exempt the three
developments. Mr. Bennington pointed out that it's for duplexes only.
Councilman Asting suggested that Councilman Rotundo withdraw his motion until
the City Attorney can review this. Councilman Rotundo rescinded his motion.
Councilman Asting moved to turn this over to the City Attorney for a legal
opinion. Councilman Prater seconded the motion. Motion CARRIED 5-0.
-5- Council Regular Meeting Minutes
December 3, 1984
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COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) -
Procedures for filling vacancies on advisory boards - Mayor Baugh noted
that there are several vacancies on the boards and the Industrial Develop-
ment Board has a letter later on the agenda regarding this. Councilman
Rotundo said he'd like a resume written and sent to the City Clerk, addressed
to the City Council, and they'll review whoever submits the resumes. Councilmen
Prater and Asting agreed with this. Councilman Inman stated if a member of any
board serves their term and wants to continue on the next term, they should
have an opportunity and he referred to a Library Board member who's served for
18 years and will have to leave the board because she's moving to New Smyrna
Beach to live with her daughter. Mayor Baugh said he agrees with Councilman
Rotundo regarding the resumes and suggested the members of the boards review
those also to see if they can work with them and they're compatible with that
board. Councilman Rotundo agreed with that and made that into a motion.
Councilman Prater seconded the motion. Motion CARRIED 4-1. Councilman Inman
voted NO.
Industrial Development Board recommendation re: further appointments to Board -
City Clerk Kinsey read the November 28th memo from Board Chairman Doris Massey
requesting that the membership stay at the present seven members for the present
time as they did not feel further appointments were necessary. Councilman Asting
moved to go along with Mrs. Massey's recommendation. Councilman Inman seconded
the motion. Motion CARRIED 5-0.
COMMUNICATIONS
Ms. Doris Massey re: Florida Shores Planting Buffer strip - City Clerk Kinsey
read the November 27th letter from Ms. Doris Massey, Realtor, requesting the
Council dedicate the six foot buffer strip around ,Florida Shores Subdivision
for street purposes. Councilman Rotundo asked the City Attorney if it would
be legal to make a motion to delete all the buffer strips around Florida Shores.
City Attorney Alvarez replied that he'd recommend referring it to the Planning
and Zoning Board for its recommendation to Council. Mayor Baugh pointed out
that this was done in the past and they received a map right before the meeting
and some of the six foot easement was changed. Councilman Rotundo noted that
it was in 1978 and they passed a resolution and every time a new parcel is
purchased next to the City, they'll have to go to the expense of a new reso-
lution. Councilman Rotundo moved to take the advice of the City Attorney and
come back with it at another time. Mayor Baugh clarified that it will be turned
over to the Planning and Zoning Board. Councilman Asting seconded the motion,
and asked if it will come back to Council. Mayor Baugh replied yes. Motion
CARRIED 5-0.
Publix Super Market re: gift certificates for employees - This item had been
acted upon under City Council Reports. (See page 3 of these minutes).
ORDINANCES AND RESOLUTIONS
Ordinance 84-0-33 Amending Sect. 9.5.-56 re: stormwater management - City
Attorney Alvarez read this Ordinance. ORD. 84-0-33 - AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE II, SECTION
9.5-56 OF THE CODE OF ORDINANCES BY REDEFINING CERTAIN EXISTING EXEMPTIONS;
DELETING CERTAIN EXEMPTIONS AND ADDING CERTAIN EXEMPTIONS; CONTAINING A
REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
He noted that the Ordinance is in the legislative style with deletions
lined through and new language underscored. Mayor Baugh asked if this is
first reading and City Attorney Alvarez replied yes. Councilman Asting moved
to adopt the ordinance. Councilman Prater seconded the motion. Motion
CARRIED 5-0.
Ordinance 84-0-34 Deleting Sect. 606.05, B-6 from Code - City Attorney Alvarez
read this Ordinance. ORD. 84-0-34 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA, DELETING SECTION 606.05, B-6 MEDICAL-PROFESSIONAL
DISTRICT, IN ITS ENTIRETY FROM THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE, AND PROVIDING
FOR AN EFFECTIVE DATE. Councilman Rotundo moved to adopt this ordinance.
Councilman Asting seconded the motion. Motion CARRIED 5-0.
-6- Council Regular Meeting Minutes
December 3, 1984
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ORDINANCES AND RESOLUTIONS (Continued)
Res. 84-R-58 Appointing Vice Mayor and Acting Mayor - City Attorney Alvarez
read the Resolution by title. RES. 84-R-58 - A RESOLUTION OF THE CITY COUNCIL
OF EDGEWATER, FLORIDA, APPOINTING A VICE MAYOR AND AN ACTING MAYOR OF THE CITY
OF EDGEWATER, FLORIDA; PROVIDING FOR TERMS OF OFFICE; REPEALING ALL RESOLUTIONS
IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo moved
to appoint Councilman Asting as Vice Mayor. Councilman Inman seconded the
motion. Motion CARRIED 5-0. Councilman Inman moved to nominate Councilman
Prater as Acting Mayor. Councilman Asting seconded the motion. Motion
CARRIED 5-0. City Attorney Alvarez read Resolution 84-R-58 with the names
inserted for the appointments. Councilman Rotundo moved to adopt this Reso-
lution. Councilman Prater sconded the motion. Motion CARRIED 5-0.
Res. 84-R-59 Authorizing signatories on all bank accounts and access to safety
deposit box - City Attorney Alvarez read this Resolution, inserting the names
of the appointments, based on the adoption of Resolution 84-R-58. RES. 84-R-59 -
A RESOLUTION AUTHORIZING CERTAIN DESIGNATED OFFICIALS OF THE CITY OF EDGEWATER,
FLORIDA, TO BE AUTHORIZED SIGNATORIES ON ALL BANK ACCOUNTS OF THE CITY OF
EDGEWATER, FLORIDA, AND FURTHER AUTHORIZING SAID OFFICIALS SUCH ACCESS TO
THE SAFETY DEPOSIT BOX OF THE CITY OF EDGEWATER; REPEALING ALL RESOLUTIONS
IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Inman moved
to adopt Resolution 84-R-59. Councilman Asting seconded the motion. Motion
CARRIED 5-0.
Res. 84-R-60 Designating Cornelia A. Kinsey as Finance & Administration Director -
City Attorney Alvarez read this Resolution. RES. 84-R-60 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DESIGNATING CORNELIA A. KINSEY
AS FINANCE AND ADMINISTRATION DIRECTOR FOR THE CITY OF EDGEWATER, FLORIDA,
REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PRO-
VIDING AN EFFECTIVE DATE. Councilman Asting moved to adopt this Resolution.
Councilman Prater seconded the motion. Mr. Walter Gross, from the audience,
called a point of order. Mayor Baugh stated that there is no point of order
with a motion and second on the floor. Motion CARRIED 5-0.
Res. 84-R-6l Restoring Police Chief Douglas W. Betts to probationary status -
Chief Betts asked to speak to Council and Mayor Baugh suggested he wait until
after the reading of the Resolution. City Attorney Alvarez read this Resolution.
RES. 84-R-6l - A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, RESTORING
CHIEF OF POLICE DOUGLAS W. BETTS TO PROBATIONARY STATUS; REPEALING ALL RESO-
LUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE. Councilman Rotundo requested Chief Betts speak to Council at this
time. Chief Betts stated that he's served the City for four months and has
made great strides of professionalizing the Police Department, correcting
the criticism of the Tucker report, upgrading the training equipment, and seeking
economical prices for quality equipment by purchasing through State bid and
through extensive research. He noted that the growth of the City is increasing
the demand on services and he's upgraded the services as quickly as possible
within his budget limitations in order to eliminate criticism and avoid potential
disaster of vicarious liability. He said it's not his intention to violate
the City's Charter, policies or procedures, or the Council's pleasure. He
asked Council's assistance and cooperation in accomplishing these goals and
he hoped they could work together for the common good of the City. He invited
each to meet with him to discuss the goals. He added that he wants to upgrade
the Police Department to pro~de the services and protection the citizens deserve.
He noted that he'd proven his ability to the majority of the prior Council who
displayed their confidence by passing the resolution and he objected to any
revision of this resolution as this new resolution deprives him of the vested
property right, job security without due process of law, reasonable notice
and a hearing, singles him out for punative action, and embarrasses him before
the public and his subordinants without cause. Councilman Asting moved to
adopt Resolution 84-R-6l. Councilman Rotundo seconded the motion. Councilman
Rotundo advised Chief Betts that he was hired as Chief for a probation of six
months and Chief Betts agreed. Councilman Rotundo stated that this still leaves
him all his rights and he's still the Chief, the pay is the same, and nobody
is trying to take his job. Chief Betts thanked him. Motion CARRIED 5-0.
-7- Council Regular Meeting Minutes
December 3, 1984
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UNFINISHED BUSINESS
There was no Unfinished Business brought up at this meeting.
NEW BUSINESS
There was no New Business brought up at this meeting.
ADJOURN
Councilman Prater moved to adjourn. Councilman Inman seconded the motion.
Meeting was adjourned at 8:30 P.M.
Minutes submitted by:
Lura Sue Koser
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COUNCILMAN - ZONE THREE
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~COUNCILMAN - ZONE FOUR
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ATTEST:
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CITY CLERK -
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Approved this~day of
~o~ ,1984.
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-8- Council Regular Meeting Minutes
December 3, 1984