08-22-1983 - Special
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CITY COUNCIL OF EDGEWATER
SPECIAL MEETING
AUGUST 22, 1983
MINUTES
Mayor David Ledbetter called the Special Meeting to order at 9:00 A.M. in the Community
Center.
ROLL CALL
Mayor David Ledbetter
Councilman Melbourne Wargo
Councilwoman Gigi Bennington
Councilman Neil Asting
Councilman Jack Spencer
Present
Present
Present
Excused
Present
City Attorney Jose' Alvarez
City Clerk Connie Kinsey
Police Chief Earl Baugh
Present
P~esent
Present
The purpose of the meeting was to take action on hiring the law firm of Pitts, Eubanks
& Ross, P.A. to represent the City in the Mike Caldwell lawsuit.
City Attorney Alvarez explained that due to the circumstances surrounding the default
filed against the City by Mr. Clay Henderson, he would have to be a witness and we
would need another firm to represent the City in this lawsuit.
Mayor Ledbetter clarified that this was to go before the court to overturn the default
and City Attorney Alvarez agreed it was. Mayor Ledbetter asked City Clerk Kinsey if we
had money in the depository for this purpose and City Clerk Kinsey said there was some
money available in various departments and we might have to make a departmental public
hearing transfer to make it available in that department.
Councilman Spencer stated they have a resolution relative to that matter and moved that
the Council adopt this Resolution to retain the professional services of the law firm
of Pitts, Eubanks and Ross, P.A. to assist the City Attorney in Federal District Court
Case No. 83-378-CIV-Ol-ll, Caldwell vs. City of Edgewater. Councilwoman Bennington
seconded the motion. Councilman Wargo stated he felt we have some very serious problems
that have been brought to the attention of Council by various citizens, and felt it was
time for Council to go to the State's Attorney and ask for a complete investigation through
the County Grand Jury. He said he wasn't sure if this property even falls within the City
limits of Edgewater, and suggested calling a special meeting. Motion CARRIED 4-0.
City Attorney Alvarez read the Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA RETAINING THE PROFESSIONAL SERVICES OF THE LAW FIRM OF' PITTS,
EUBANKS AND ROSS, P.A. TO ASSIST THE CITY ATTORNEY IN FEDERAL DISTRICT COURT CASE NO.
83-378-CIV-Ol-ll. CALDWELL VS CITY OF EDGEWATER. The Resolution number assigned was
83-R-65.
Mr. Frank Opal, Florida Shores, asked why we have a default and why we have this other
firm from Orlando to represent the City. He asked where the money would come from and
said there'd better be an investigation. He stated there's a lot of money involved here
and he's a taxpayer and has to pay for it.
Councilman Wargo moved that this Council petition the State's Attorney for an investi-
gation of the conditions surrounding this particular development and some of the other
activities of our past Councils and our past Attorneys for the City. , He said he thought
there's a situation where ethics, etc. could be concerned. Councilwoman Bennington
seconded the motion for discussion. Councilman Spencer said he thought before such
action ~/as taken the Council should understand better what the circumstances were
relative to Councilman Wargo's motion, and felt the statement concerned generalities
and he wasn't aware of why they'd have to take that extreme action at this time.
Mayor Ledbetter stated he agreed with Councilman Wargo and under the circumstances he
thought the Council should direct the City Attorney to set up an appointment with the
State's Attorney's office for the Council to present their facts and ask for a Grand
Jury investigation, City Attorney Alvarez noted that if the motion of Councilman
Wargo passes, there might be other agencies that he'll have to contact.
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Mr. Robert Christy, 1916 Evergreen Drive, former Mayor, said he thought Councilman
Wargo had a good idea and thought they should include the Wildwood subdivision and
all these others.
Mr. Dana Armstrong, former Mayor, said he was familiar with the subject but not the
default. He said he didn't know this law firm and didn't know the City had been put on
notice with a date set for the hearing on this particular case. He said if it has, he
felt the Sunshine Laws and Public Record laws had been violated. He referred to the 1962
resolution relating to the Caldwell property, and the plats, one of which was accepted by
the late Mayor Hussey. He said in 1963 and 1964 when he was Mayor they couldn1t get
taxes on Silver Ridge because the County tax assessor said you have a right to taxes
when it's annexed. He said in 1965 the people went to the polls and annexed Silver
Ridge, He said the land south of Edgewater,which had an ordinance re-zoning the Caldwell
property, to his knowledge was never voted on by the people and he didn't feel the
taxpayers should be held liable for this mistake.
Councilman Wargo said he was concerned because he got a call at home on a Thursday night
regarding the default and none of the Council members knew anything about it. Mayor
Ledbetter stated the City Attorney didn't know anything about it either until that same
party called him. Motion was clarified to read past Councils and past Attorneys, plural.
Motion CARRIED 3-1. Councilman Spencer voted NO.
Councilman Wargo moved to adjourn the meeting. Councilman Spencer seconded the motion.
Meeting was adjourned.
Minutes submitted by:
Lura Sue Koser
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Special Council Meeting Minutes
August 22, 1983
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POSTOFFICE BOX 100
EDGEWATER. FLORIDA 32032
ADDENDUM TO 8/22/83 MINUTES
September 6, 1983
To Whom it May Concern:
A question has arisen regarding the intent of the word
"development" in Councilman Wargo's motion in the City Council
Special Meeting of August 22, 1983.
In a telephone conversation with Councilman Wargo on
this date, he advised me his intent was "developments developed
by the various contractors in the area."
Hs entire motion was: "I would like to make a motion
that this Council petition the State's Attorney for an
investigation of the conditions surrounding this particular
development and some of the other activities of our past
Council s and our past Attorneys for the City. II Councilwoman
Bennington seconded the motion for discussion. Motion CARRIED
3-1. Councilman Spencer voted NO.
Transcribed by:
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Lura Sue Koser
Administrative Secretary
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