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04-26-1983 - Special ~ ~ - ld Q ~ CITY COUNCIL OF EDGEWATER SPECIAL MEETING APRIL 26, 1983 MINUTES Mayor David Ledbetter called the Special Meeting to order at 10:00 A.M. in the Community Center. The meeting was called to 1) formally accept the resignation of Mayor Richard McKillop, 2) Pursuant to Section 13 of the Charter, formally appoint the Vice-Mayor as Mayor, and 3) Also pursuant to Section 13 of the Charter, appoint a Vice-Mayor. ROLL CALL Mayor David Ledbetter Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Present Present Present Excused City Attorney Josel Alvarez City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present City Attorney Alvarez stated that before he reads the resolutions, for the record, he had a telephone conversation with Councilman Spencer the day before and he instructed him as the Attorney to enter, in his absence, his preference for the record on each of these items. When it comes time, he'll make a brief statement. The City Attorney read Resolution 83-R-35. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ACCEPTING THE RESIGNATION OF MAYOR RICHARD McKILLOP, ON APRIL 22, 1983, AT 4:45 P.M., THUS TERMINATING HIS TENURE AS MAYOR OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to adopt Resolution 83-R-35. Councilwoman Bennington seconded the motion. City Attorney Alvarez stated that Councilman Spencer instructed him to state for the record that if he were present his vote would be yes. Motion CARRIED 3-0. Mr. Frank Opal called a point of order, and said someone absent cannot pass a vote, proxy or otherwise. The City Attorney said this is not vote casting but it is being relayed for the records per instructions from a Councilman. Mayor Ledbetter said we will dispense with Councilman Spencer's wishes and the City Attorney said this is not a vote, just a statement for the minutes. Mayor Ledbetter said that since Councilman Spencer is absent, let the records show that he conferred his wishes to the City Attorney by telephone. The City Attorney read Resolution 83-R-36. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO PART I, SECTION 13, OF THE CHARTER OF THE CITY OF EDGEWATER, APPOINTING VICE-MAYOR DAVID C. LEDBETTER TO SUCCEED TO THE OFFICE OF MAYOR, EFFECTIVE 4:45 P.M., APRIL 22, 1983, AND TO FILL SAID VACANCY FOR THE BALANCE OF THE TERM OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to adopt this Resolution. Councilwoman Bennington seconded the motion. Motion CARRIED 3-0. City Clerk Nancy Blazi administered the oath of office to Mayor David C. Ledbetter at this time. Mayor Ledbetter said he will do his best to serve the people and will work with the Council to the best of his ability, and asked for the support and help of the people. City Attorney Alvarez reviewed Section 13 of the Charter which deals with a new vice- mayor being chosen from among the City Council. An interpretation is that the new vice-mayor is to be chosen after the vacancy in zone 1 is filled and there is a five- member Council. He said that interpretation creates a problem because if the Mayor were unable to perform his duties, the Charter mandates very clearly that the Vice-Mayor is the one to succeed to office of Mayor and if the office of Mayor should become vacant, only the Vice-Mayor can succeed to the office. He said he was concerned that there not be a lapse of power or gaps. He said the Charter provides for the absence of the Mayor and Vice-Mayor but this is not an absence, it would be a vacancy. He said we can go by this resolution and appoint a Vice-Mayor or amend this resolution to state that under Section 15, and until a full Council is formed and the election takes place and a new Vice-Mayor is elected, if the office of Mayor shall become vacant, the Acting-Mayor will assume the office of Mayor. There would be no guidance in the City, however, if for some reason the Acting-Mayor also could not act. He said the Charter limits us and forces the Vice-Mayor to be the only one to succeed to the office of Mayor. He said they could adopt Resolution 83-R-37 or enact another emergency resolution. , ~. ~ (J u Frank Opal said the only course Council has to take is to set a date for election and the Acting Mayor does not go in according to the Charter. Robert Christy, 1916 Evergreen Drive, said in 1980 the people voted for the Mayor's vacancy, the Vice-Mayor will take it, and the situation is not for that long a time and is not an emergency. He said the Acting Mayor can take care of the situation if necessary. City Attorney Alvarez asked Councilwoman Bennington if she knew of any reason why she couldn't step in to act if the Mayor were unable to do so, since she is the present Acting Mayor. Councilwoman Bennington stated she didn't know of any reason why she couldn't. Robert Christy continued by stating that Council should wait for five members to make the decision nr Vice-Mayor since it's such an important position. Mayor Ledbetter stated a letter had just been delivered to the City Clerk. City Clerk Nancy Blazi read the letter into the record from Attorney Clay Henderson, which referred to Section 13 of the Charter. His letter also stated that the election of the Vice-Mayor in the event of the Vice-Mayor's succession to Mayor should not occur until after the selection of a new Councilman from the zone which is vacant, and the Charter clearly mandates a three-step process, one- the success i on of the Vi ce-Mayor, two - the e 1 ecti on of a new Councilman, and three - the selection of a new Vice-Mayor. City Attorney Alvarez asked Mayor Ledbetter if he is taking this office with any conditions or reservations. Mayor Ledbetter said he appreciates that after the statement he made at last Friday's meeting (April 22, 1983) the City Attorney came to his house and went over the Charter provisions and at that time that he made the statement he was under the impression that he could serve for 45 to 60 days. He now realized that upon accepting the Vice-Mayorship, he shall become Mayor, according to the Charter, and there are no strings. The statement he made about the 45 days of accepting it and not to exceed 60 days was clarified by Attorney Alvarez as to accepting the Mayorship or resigning completely. He said he will accept Charter provisions. and accepts the appointment without reservations. Councilman Asting said he understood that the Vice-Mayor is succeeding to Mayor and if something would happen to the new Mayor, the Acting Mayor would take the office of Mayor until the election is held. City Attorney Alvarez commented on Frank Opal IS remarks and said Section 15 has everything to do with this because it is this Section that says if the Mayor is unable to act, it mandates the Acting Mayor to fill in his behalf. Councilman Asting moved to TABLE Resolution 83-R-37 until after the election for the Zone 1 Council seat. Councilwoman Bennington seconded. Motion CARRIED 3-0. City Clerk Nancy Blazi said they are beginning the process for the general and primary election to fill the vacancy in Zone 1, and she is working with the County Supervisor of Elections on the dates. She said this will be on the agenda for Monday night's meeting, May 2, 1983, for Council to take action. Councilwoman Bennington moved to adjourn the meeting. Councilman Asting seconded. Meeting was adjourned at 10:45 A.M. Minutes submitted by: Lura Sue Koser ~r~Q)t~&- MA YR. "'~ 'It<1<z ~ ~ ~ Mt> -2- Special Council Meeting Minutes Apri 1 26, 1983