09-13-1988 - Special
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CITY COUNCIL OF EDGEWATER
SPECIAL MEETING
SEPTEMBER 13, 1988
MINUTES
Mayor Baugh called the meeting to order at 7:00 P.M. in the Shuffleboard
building. He stated the purpose for the meeting was to discuss and clarify
the adoption of Ordinance 88-0-11.
ROLL CALL
Mayor Earl Baugh
Councilman Louis Rotundo
Councilman Russell Prater
Councilman Neil Asting
Councilman David Mitchum
Present
Present
Present
Present
Present
City Attorney Jose' Alvarez
Interim City Manager Dennis Kelly
Acting City Clerk Susan Wadsworth
Chief Lawrence Schumaker
Present
Present
Present
Present
Mr. Kelly stated that the City Attorney would clarify the legality of the ordinance.
He pointed out that some cities have a time limit for emergency ordinances and
it's included in their charters. He noted they go to the Charter if the Florida
Statutes do not address an issue or prohibit an issue. He noted that Edgewater's
Charter is void any language regarding emergency ordinances. He reviewed Chapter
166 of the Statutes regarding adoption of ordinances, pointing out the Statutes
do not define what an emergency ordinance is or a time limit on how long an emer-
gency ordinance is effective.
City Attorney Alvarez stated he understood the statement made was that Ordinance
88-0-11 was invalid or illegal because the 90 days had expired and emergency
ordinances are only effective for 90 days per State Statutes. He reiterated there
is nothing in the State Statutes that sets any time limits for emergency ordinances.
He noted that Sanford does have a time limitation which is not unusual. He briefly
reviewed prior cases and findings. He noted that the February 29, 1988, minutes
reflect that it was Mr. Knowles' idea to pass an emergency ordinance, and he doesn't
know the motives behind a statement of this nature which caused the question. He
pointed out that 88-0-11 stated that it dispenses with two separate readings and
it was read twice and the roll call was done twice, with the difference that the
two readings did not take place on two separate dates. He stated that the powers
of the City found an emergency existed and dispensed with two readings. He con-
cluded that his opinion is that 88-0-11 is perfectly valid and legal and he will
challenge anyone that has information to the contrary.
Mayor Baugh questioned placement of a time limit in their Charter for a 60 or 90
day clause for emergency ordinances. Councilman Mitchum suggested the Charter
Review Committee that's being formed should look at it. Mr. Kelly noted it wasn't
on this agenda but they may want to look at it at another meeting.
Pat Chambers, News Journal reporter, stated she talked with an attorney from the
Florida League of Cities who agreed with City Attorney Alvarez, and Sanford has
that provision in their Charter.
Councilman Prater asked City Attorney Alvarez if they should amend the emergency
ordinance clause and City Attorney Alvarez replied they should look at pro's and
con's and the Charter Review Committee could consider it.
Councilman Mitchum expressed his appreciation for Mr. Knowles' help on the selection
committee, noting that his services are no longer required as they now have five
applicants to interview. He suggested they thank Mr. Knowles and compensate him
for anything out of pocket.
Councilman Asting moved they send a letter of appreciation to Mr. Knowles for
the work he did and for coming up with the list for City Manager. Mayor Baugh
pointed out that's not on this agenda, and asked City Attorney Alvarez for a
ruling on the legality of the motion. City Attorney Alvarez indicated he didn't
see a problem with the motion. Councilman Rotundo seconded the motion. Motion
CARRIED 5-0.
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Mr. Kelly announced the change in the final budget hearing which would
now be Monday, September 26th, at 7:00 PM. He reviewed the scheduling
to avoid conflicts with the School Board and County Council, and the
advertising requirements.
Mayor Baugh asked for a motion to adjourn. Councilman Asting so moved.
Councilman Prater seconded the motion. Meeting adjourned at 7:22 P.M.
Minutes submitted by:
Lura Sue Koser
ATTEST:
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