02-01-1982 - Regular
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CITY OF EDGEWATER
CITY COUNCIL PUBLIC HEARING
and
REGULAR MEETI NG
February 1, ~1982
Mayor Christy called the meeting to order at 7:00 P.M. in the Edgewater Community Center.
ROLL CALL
Mayor Robert Christy
Councilman Jacob Lodico
Councilman David Ledbetter
Councilman Wilbert Pendleton
Councilman John Wilbur
Present
Present
Present
Present
Present
City Atty. Clay Henderson
City Mgr. Joseph Mitchell
City Clerk Nancy Blazi
Police Chief Earl Baugh
Present*
Present
Present
Present
There was a silent Invocation and a Salute to the Flag.
PUBLIC HEARING
The City Clerk read the advertisement concerning the Public, HeaJ?ing for the Ilurpo_se
of discussing the following proposed rezoning: Ordinance el-0-46 An ordinance
amending the official zoning map of the City of Edgewater, Florida to zone the following
lots in the Florida Shores Subdivision along India'-jPalm Dr. from RiB and R2B to R-4.
Block 18 - Lots 564, 565 and 566; Block 22 Lots 3169 through 3183; Block 23 Lots 628,
629 and 630; Block 152 Lots 3155 through 3168; Block 233 Lots 7115 through 7130 and
Block 226 Lots 6999 through 7014.
* The City Attorney arrived at this time.
Mayor Christy opened the hearing for public discussion. Vrr. Edward Silsby and
Mr. Thomas Blackburn, residents of the area under consideration for rezoning
spoke against the rezoning. Mrs. Alice Murphy spoke in favor of the rezoning pointing
out that the area adjacent to the above mentioned lots was on the railroad and
was zoned B-2 Neighborhood Business. An R-4 Multi Family District would be better suited
as a buffer between business and single family residences. It was also established by
the City Clerk that real property owners had been notified by certified mail. There
were no further comments from the audience. The Public Hearing was closed.
APPROVAL OF ItlNUTES Councilman Wilbur motioned to approve the minutes of the Council
meeting of January 18, 1982, seconded by Councilman Lodico. Motion CARRIED 5-0.
Councilman Wilbur motioned to approve the minutes of Special Meeting of January 21, 1982,
seconded by Councilman Pendleton. Motion CARRIED ;-2. Councilman Ledbetter voted NO
{excused) and Mayor Christy voted NO.
BILLS AND ACCOUNTS Councilman Wilbur motioned to pay the bills, seconded by Councilman
Pendleton. Motion '.CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO.
COMMUNICATIONS The City Attorney reported to the Council on the decision that was
handed down concerning the case of Robert Christy vs the City of Edgewater. (Copy of
the Final Judgment is attached to the original minutes). Briefly summarized the judg-
ment found for the City and that the Municipal Powers Act (166.011) was the controlling
provision for the City Manager form of government of the City of Edgewater. That all
ordinances regarding the City Manager, and stating his duties are constitutional and
valid. The City may be awarded taxable costs but not attorney's fees. The City
Attorney continued by saying that this means that all actions of this Council concerning
the appointment, contract and duties of the City Manager are valid. The City Attorney
called upon Mayor Christy and Councilman Ledbetter to"join with the rest of the City
government to cooperate now that that chapter has ended and hopefully we can begin again
the process of bringing good government to the City of Edgewater."
The City Manager gave his monthly report briefly summarized included Florida Shores water
extension program, the possibility of an experimental sewer project, specifications for
road paving program, agreement with NSB Utilities on water interconnect,collective
contracts with the County for purchasing, and a brief update on the favorable audit.
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A letter was read from the County Manager, Volusia County, concerning the decision of
the County Council to approve an increase in density to allow a maximum of 5 dwelling
units per acre for property recently annexed to the City of Edgewater (81-0-40).
ORDINANCES AND RESOLUTIONS (First reading) Ordinance 82-0-4
AN ORDINANCE GRANTING A CHANGE IN ZONING OF LOTS 1 THROUGH 18 AND LOTS 25 THROUGH 40;
BLOCK 1, FLORIDA SHORES UNIT NO.1, FROM ITS PRESENT ZONING CLASSIFICATION OF R1B TO
THE ZONING CLASSIFICATION B-5 (PLANNED SHOPPING CENTER DISTRICT); REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH, PROVIDING AN EFFECTIVE DATE.
lB Mr. Charles Hall, Attorney for Magnuson Corp., developers of the shopping center and
Mr. J. Bartow, also representing the developers, showed some drawings and plans of the
proposed center to the audience.
Councilman Wilbur motioned to adopt the ordinance, seconded by Councilman Lodico. Motion
CARRIED 5-0.
Ordinance 82-0-5 (First reading)
AN ORDINANCE VACATING ALL OF ALAMANDA DRIVE AS IT IS NOW LAID OUT AND EXISTS SOUTH
OF INDIAN RIVER BOULEVARD SAr1E BEING EAST OF LOTS 1 THROUGH 18 INCLUSIVE BLOCK 1
FLORIDA SHORES UNIT NO. 1 AND VACATING ALL OF THE CITY'S INTEREST IN A CERTAIN EASE-
MENT OR ALLEY WAY i-lEST OF LOTS 1 THROUGH 18, INCLUSIVE, AND EAST OF LOTS 25 THROUGH
40, FLORIDA SHORES UNIT NO.1: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES AND
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HERETIlITH, AND PROVIDING AN EFFECTIVE
DATE.
Councilman Lodico motioned to adopt the ordinance, seconded by Councilman Pendleton.
Motion CARRIED 5-0.
Ordinance 81-0-46 (second reading)
AN ORDINANCE AMENDING THE OFFICIAL ZONING ~1AP OF THE CITY OF EffiEWATER, FLORIDA,
ZONING THE FOLLOWING LOTS IN THE FLORIDA SHORES SUBDIVISION ALONG INDIA PALN DRIVE
FRor1 RiB and R2B TO R-4 ZONING DISTRICT, TO WIT: LOTS 564,565,566,628,629,630, 3167,
3166, 3165, 3164, 3163, 3162, 3161, 3160, 3159, 3158, 3157, 3156, 3155, 7121, 7120,
7119, 7118, 7117, 7116, 7115, 3183, 3182, 3181, 3180, 3179, 3178, 3177, 3176, 3175,
3174, 3173, 3172, 3171, 3170, 3169, 7130, 7129, 7128, 7127, 7126, 7125, 7124, 7123,
7122, 7014, 7013, 7012, 7011, 7010, 7009, 7008, 7007, 7006, 7005, 7004, 7003, 7002,
7001, 7000, 6999; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH
AND PROVIDING AN EFFECTIVE DATE.
Councilman Wilbur motioned to adopt the ordinance, seconded by Councilman Lodico.
Motion CARRIED 5-0.
Resolution 82-R-4.
A RESOLUTION AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EffiEWATER, FLORIDA
TO EXECUTE A CERTAIN AGREEI1ENT FOR INTERLOCAL LAW ENFORCEMENT SERVICES WITH VOLUSIA
COUNTY, FLORIDA REPEALING ALL RESOLUTIONS IN CONFLICT HERE~.,rrTH AND PROVIDING AN
EFFECTIVE DATE.
The City Attorney said that this was a mutual aid pact between the law enforcement
agencies of the cities in Volusia County, with each other and with the County. Fla.
Sta. Chap. 23 provides that this type of agreement may be entered into as a voluntary
cooperation agreement.
Councilman Lodico stated that he had not had time to thoroughly study this agreement
and motioned to TABLE this resolution for the next meeting, seconded by Councilman
Ledbetter. Motion CARRIED 5-0.
The Council briefly questioned the Police Chief about this agreement specifically who
made the judgment whether or not mutual aid assistance was needed by another law enforce-
ment agency. Councilman Lodico requested a report on this for the next meeting.
Resolution 82-R-5
A RESOLUTION AI1ENDING RESOLUTION 81-R-57 CREATING A CHARTER REVIEW CO~1ISSION FOR THE
CITY OF EffiEWATER, FLORIDA; PROVIDING FOR PURPOSE AND DUTIES OF SAID BOARD; APPOINTING
NEMBERSHIP THEREOF, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN
EFFECTIVE DATE.
Councilman Pendleton motioned to adopt this resolution, seconded by Councilman Wilbur.
Councilman Pendleton amended his motion to establish a membership of five (5) members
and one alternate, seconded by Councilman Wilbur.
Motion on amendment CARRIED 4-1. Mayor Christy voted NO. Motion on adoption of resolu-
tion CARRIED 5-0.
Council 2/1/82
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, Council Meeting 2/1/82
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Resolution 82-R-6 A RESOLUTION APPOINTING MEMBERS OF THE CHARTER REVIEW COMMISSION FOR
THE CITY OF EffiEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND
PROVIDING AN EFFECTIVE DATE.
Councilman Lodico nominated Ken Millard and Rev. Hardin. Councilman Wilbur nominated
Robert Tipton, Councilman Pendleton nominated Kenneth Dare and Gigi Bennington, Mayor
Christy nominated Frank Opal.
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There was a question concerning motions on the floor. Councilman Wilbur motioned to
adopt the resolution, there was no second. Councilman Wilbur then motioned to close
the nominations, there was no second. Mayor Christy told the Council that the motion
to adopt had died because of a lack of a second and the Council should consider the
next resolution. However, the other members appeared not to have heard the motion to
adopt and were under the impression that the only motion on the floor was to close the
nominations. Councilman Lodico indicated that there should be more people to choose
from for membership on this board. Councilman Ledbetter told the Council he had not
had time to contact people who might wish to serve. Mayor Christy finally said that
the motion to close nominations had died because of a lack of a second.
Councilman Wilbur then nominated Shirley Mason and Roy Petty, Councilman Lodico nominated
Edward Yackel and Mayor Christy nominated Robert Witzig, Neil Asting and Robert Garthwaite.
Councilman Pendleton motioned to close the nominations, seconded by Councilman Lodico.
Motion CARRIED 5-0. The nominations were voted on in the following order: Ken Dore,
Robert Tipton and Ken Millard APPOINTED 3-2 (Councilman Ledbetter and Mayor Christy
voted NO). Frank Opal NOT APPOINTED 2-3 (Councilmen Lodico, Pendleton and Wilbur voted
NO).Gigi BenningtonAPPOINTED as alternate 3-2 (Councilman Ledbetter and Mayor Christy
voted NO). Rev. Hardin APPOINTED 5-0. Shirley Mason APPOINTED 4-1 (Councilman Ledbetter
voted NO). Councilman Pendleton motioned to ADOPT Resolution 82-R-6, seconded by
Councilman Wilbur. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO.
Resolution 82-R-7. Mayor Christy said this was a resolution to elect Council officers
and motioned to nominate Mr. Ledbetter as Vice Mayor. Councilman Ledbetter declined
the nomination. Councilman Wilbur nominated ~k. Lodico as Vice Mayor and Mr. Pendleton
as Acting Mayor. Councilman Ledbetter nominated Mr. Pendleton as Vice Mayor and Mr.
Wilbur as Acting Mayor. Councilman Wilbur motioned to close the nominations, seconded
by Councilman Ledbetter. Motion CARRIED 5-0. Councilman Ledbetter said his nomination
was not seconded and he would withdraw it. He was informed that neither nomination had
been seconded. Mayor Christy indicated that seconds were not needed and called for a
vote on Mr. Lodico as'Vice'Mayor and Mr. Pendleton as Acting Mayor, which DID NOT CARRY
2-3. Councilmen Ledbetter, Pendleton and Mayor Christy voted NO. Upon roll call the
nomination of I-lr. Pendleton as Vice Mayor and Mr. Wilbur as Acting Mayor CARRIED 3-2.
Councilmen Lodico and Wilbur voted NO. There was no formal vote on the resolution.
Resolution 82-R-8 A RESOLUTION APPOINTING THE MEMBERSHIP OF THE EDGEWATER PLANNING
COMMISSION OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; REPEALING
ALL RESOLUTIONS IN CONFLICT HEREiHTH; AND PROVIDING AN EFFECTIVE DATE.
Councilman Lodico nominated Alfred Hetu and Edward Yackel. Councilman Ledbetter
nominated M.F. Wheeler and Ray Troian, Councilman Pendleton nominated Ken Winter and
Don Bennington and Mayor Christy nominated James Mackie and Richard McKillop. Councilman
Wilour nominated Dan Nolan and Ward Towers and motioned to close nominations, seconded by
Councilman Lodico. Motion CAa~IED 5-0. The vote on nomi~atio~sw~:"Messrs. Nolan, Winter
Bennington and Yackel (as alternate) APPOINTED 3-2 (Councilman Ledbetter and Mayor
Christy voted NO. Mr. Towersand Mr. Hetu APPOINTED 5-0. Messrs. Mackie, Wheeler, Troian,
and McKillop NOT APPOINTED 2-3 (Councilmen Lodico, Pendleton and Wilbur voted NO.)
The terms of the appointments are Mr. Nolan, Mr. Bennington - 3 years; Mr. Hetu,
Mr. Winter - 2 years; Mr. Tower - 1 year and Mr. Yackel as alternate.
Councilman Pendleton motioned to adopt the resolution, seconded by Councilman Wilbur.
Motion CARRIED 3-2, Councilman Ledbetter and Mayor Christy voted NO.
Resolution 82-R-9 A RESOLUTION APPOINTING THE I-~I1BERSHIP OF THE EDG~dATER ZONING CO~1ISSION
OF THE CITY OF EffiEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; REPEALING ALL
RESOLUTIONS IN CONFLICT HER~.vITH; AND PROVIDING AN EFFECTIVE DATE.
Councilman Wilbur nominated Elizabeth Griffith, Fred Vanzin, Robert Gaffney and Earl
Wallace, withlTcD6h Sil.aney as. ailternate. Counciilman Pendleton nominated Al Landry.
2B Councilman Lodico motioned to close nominations, seconded by Councilman Wilbur. (no
roll call). Walter Gross called for a point of order and questioned the City Attorney
as to whether a board member must be a citizen of the U.S. and a registered voter. The
City Attorney replied that the only requirement was that they be a resident of this City.
The City Attorney read the appointments as follows: Earl Wallace and Fred Vanzin - 3 years;
Al Landry and Elizabeth Griffith - 2 years; Robert Gaffney 1 year and Don Slaney - alternate.
Councilman Wilbur motioned to adopt the resolution, seconded by Councilman Pendleton.
Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO.
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UNFI~~SHED BUSINESS = Fencing for new ballfield. The City Manager reported that it is
the opinion of the Supt. of Buildings and Grounds and the Chairman of the Board of Governors
that the fence should be installed by professionals so that it would be guaranteed.
There would only be a minimal savings if the City crew installed the fence. The area
will be used constantly and is subject to some vandalism so that it should be protected
properly. The City Manager informed the Council that funds were available.
Councilman Wilbur motioned to approve the fencing bid, seconded by Councilman Pendleton.
Motion CARRIED 5-0.
Councilman Wilbur told the Council he would like to clear up a misunderstanding about
his suggestion that the Council consider approving ,1 bedroom 600 sq. ft. units for
multi family districts. He had received calls from people who thought he meant single
family units, but he was referring to townhouses,and garden apartments.
NEW BUSINESS: Home Occupations Licenses.
Gary Robinson 436 Palmetto, zoned R5A requested a subcontractor's license for glass repair
and installation - no storage.
Councilman Wilbur motioned to grant the license, seconded by Councilman Pendleton.
Motion CARRIED 5-0.
G.L. Fracker, 1917 Pine Tree Dr., zoned R1B requested license for pressure cleaning of
buildings and trailers, etc. Mr. Fracker was not present.
Councilman Pendleton motioned to TABLE, seconded by Councilman Wilbur. Motion CARRIED 5-0.
Authority to hire Planning Consultant; The City Manager indicated that funds were
available to hire a professional consultant for the Planning Dept. The monies would
come from fees charged to developers. Mayor Christy asked if the Council wished to go
out for bids for a consultant. The City Manager told the Council that with their
authorization, he would be responsible for obtaining a planning consultant.
Councilman Wilbur motioned to approve a part time planning consultant and leave it up to
the City Manager to fill the position, seconded by Councilman Lodico. Motion CARRIED 3-2.
Councilman Ledbetter and Mayor Christy voted NO.
~rrSCELLANEOUS - Walter Gross, Lake Ave., spoke about newspaper articles that quoted the
City Manager as accusing the DOE of responsibility in the possible unionization of the
city employees, adding this was false and should be retracted. The City Attorney cautioned
the Council from discussing matters concerning employee's right to collective bargaining.
Mrs. Murphy, Riverside Dr., expressed concern about possible civil rights action resulting
from dismissals from some of the advisory boards. Frank Opal, Florida Shores, remarked
about board changes and questioned being given a city employee application to fill out when
he submitted a letter requesting to be considered for an appointment to a board.
Councilman Wilbur motioned to adjourn, seconded by Councilman Pendleton.
was adjourned at 8:50 P.M.
Minutes submitted by:
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Nancy Blazi
ATTEST:
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Approved this ff
February, 1982.
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Mayor
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Council Meeting 2/1/82
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IN THE CIRCUU COURT, SEVENTH
JUDICIAL CIRCUIT, IN AND FOR
VOLUSIA COUNTY, FLORIDA
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CASE NO.
81-3298-CA-OI-B
ROBERT H. CHRISTY, as Mayor of
the City of Edgewater,
Plaintiff,
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vs
THE CITY OF EDGEWATER, a
municipal corporation,
Defendant.
FINAL JUDGMENT
THIS ACTION was tried before the Court on January 25,
1982.
After having considered the.testimony of witnesses,
other evidence, and arguments of counsel, the Court makes the
following findings of -fact:
A. That Chapter 61-2115, Laws of Florida, became a
part of the Charter of the City of Edgewater in
1961, and was in fact a part of said City Charter
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of the Defendant at the date of enactment of the
Municipal Powers Act, Florida Statute Section
166.011 (1973). And, that as such, it is the
controlling provision for the City Manager form
of government of the Defendant, City of Edgewater.
B. That Ordinance 952 of the City of Edgewater,
adopted on April 12, 1976, 1S unconstitutional
and thereby valid and void in that it is in
contradiction to Florida Statute Section 166.021(4).
C. That Ordinance 522, Ordinance 81-0-24, Ordinance
81-0-26, Ordinance 81-0-29, and R~solution 8l-R-56
were properly and validly made pursuant to Charter
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Authority, Section 9A, of part I, Code of Ordinances
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of the City of Edgewater, Florida, and further
pursuant to said Municipal Powers Act of 1973,
Florida Statufe Section 166.021(4).
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D. That the current City l1anager, as did his predecessors,
is properly and lawfully holding office and exercising
duties pursuant to valid and constitutional ordinances
and resolutions enacted by the Defendant, City of
Edgewater.
E. That because of this Court's previous enumerated
finding that Chapter 61-2115, Laws of Florida,
constituted a part of the Charter of the Defendant,
City of Edgewater, and was part of said City Charter
on the date of enactment of the Municipal Powers Act
the previously described ordinances and resolutions
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relating to the selection and appointment of a City
Manager did not constitute a change in the form of
city government as outlined by Florida Statute
Section 166.021(4).
F. That this Court finds that there was not a co~plete
absence of a justiciable issue rai~ed by the Plaintiff,
Robert H. Christy, within the meaning of Florida
Statute Section 57.105.
1{herefore, in consideration of the foregoing, it is,
ORDERED AND ADJUDGED as follows:
.1. That the Plaintiff's request for declaratory relief
is hereby denie~.
2. That the Plaintiff's request for a temporary and
permanent injunction is hereby denied.
3. That the Defendant's request for attorney fees to
be assessed against the Plaintiff pursuant to
Florida Statute Section 57.105 is hereby denied.
4. ~hat the Court reta~ns jurisdiction for a subsequent
'Order or ~odification of this Final Judgment to
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provide fo! the award of taxable costs, if any, to
the prevailing party.
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DONE AND ORDERED in Chambers at Daytona BeachJ Volusia
County, Florida, this
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day of February, A.D., 1982.
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R. MICHAEL HUTCHESON
Circuit Court Judge
cc: J. David McFadden, Esquire
100 Seabreeze Blvd.1 Suite 122
Daytona Beach, Florida 32018
John R. Godbee, Esquire
Post Office Drawer 9670
Daytona Beach, Florida 32020
william Clay Henderson, Esquire,
City' Attorney, City of Edgewater
161 N. Causeway, Suite 5
New Smyrna Beach, Florida 32069
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