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HomeMy WebLinkAbout06091982SPECIAL COUNCIL MEETING - JUNE 9, 1982 SPECIAL COUNCIL MEETING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M. PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILMAN FRANK OBERBECK, COUNCILMAN RICHARD VOTAPKA, COUNCILMAN GEORGE SCHUM, CITY ATTORNEY DANIEL KILBRIDE, JR., AND MAYOR PAT FLOOD, JR. MAYOR FLOOD STATED THAT THE PURPOSE OF THIS SPECIAL COUNCIL MEETING WAS TO DISCUSS THE POSSIBILITY OF APPEALING THE COURT DECISION REGARDING THE DUCK POINT ANNEXATION. ATTORNEY KILBRIDE REPORTED THAT THE CIRCUIT COURT RULED THE DUCK POINT ANNEXATION ORDINANCE AS INVALID ON THE GROUNDS THAT A SUFFICIENT AMOUNT OF PROPERTY WAS NOT CONTIGUOUS WITH THE EXISTING BOUNDARY OF THE CITY. HE EXPLAINED THAT THE CITY HAS AN OPTION, AS TO WHETHER THEY WANT TO APPEAL THIS RULING OF THE CIRCUIT COURT TO THE FOURTH DISTRICT COURT OF APPEAL OR LET THE RULING STAND AS IT IS. THE FOURTH DISTRICT COURT OF APPEAL PROCESS CONSISTS OF A THREE JUDGE PANEL WHO WILL REVIEW THE ENTIRE RECORD AS PRESENTED TO THE CIRCUIT COURT ALONG WITH THE BRIEFS AND POSSIBLE ARGUMENTS. A DECISION WILL THEN BE DETERMINED TO EITHER AFFIRM THE CIRCUIT JUDGE'S DECISION, REVERSE THE DECISION, AFFIRM IN PART OR REVERSE IN PART WHICH CAN POSSIBLY OCCUR. THIS PROCESS CAN TAKE APPROXIMATELY 1 - 1~ YEARS, DUE TO A LARGE CASE LOAD IN THE FOURTH DISTRICT COURT OF APPEAL. IN VIEW OF THIS TYPE OF CASE, ATTORNEY KILBRIDE STATED THAT A GREAT DEAL OF RESEARCH THAT HAS ALREADY BEEN COMPLETED WILL BE DIRECTLY APPLICABLE TO THE BRIEF THAT WILL BE FILED. HE FELT THAT IT WOULD TAKE APPROXIMATELY AN ADDITIONAL 20-30 HOURS OF PREPARATION WITH n COST RANGE OF ABOUT $1,000.00 - $1,500.O0.~ST~E~~~ PARTICULAR CASE WE ARE GUIDED STRICTLY BY THE FLORIDA STATE STATUTB A~JTHAi HL~-FL-ET~\T~/CITY'S POSITION IS CORRECT ANO COUNSEL REGARDING THIS ISSUE, ATTORNEY ~J~RILE S~A~ED T~T THEY HAVE REVIEWED THE CITY S POSITION AND FEEL THAT CITY DOES HAVE ~R~T IN FILING AN ~PEAL AND THAT HE WAS LEFT WITH THE OPINION THAT THEY WOULD SUPPORT ~J~TH~E ICON AP~L PROCESS. AFTER SOME DISCUSSION, MAYOR FLOOD RECOMMENDEDTHAT WE GO AHEAD WITH THE APPEAL PROCESS TO THE FOURTH DISTRICT COURT FOR THE DUCK POIN~'~EX~AND THAT HE FEELS IT WILL BENEFIT THE CITY IN TAX DOLLARS. VICE MAYOR GASS ~S~ r~--OF~THEI, OPINION ALSO THAT THIS ANNEXATION WILL HELP OUT TAXES AND THAT THE EXPANSION IS NFEDED JOR~E FUTURE. COUNCILMAN VOTAPKA STATED THAT HE IS NOT I~'/O~ OFI THIS ANNEXATION AND THAT IT DOES NOT FALL WITHIN THE GUIDELINES OF THE VOLUNTARY ANNEA~I'ON f~fW. ~,_.,~OUUCIL~N._~2~PR~J ~_]~._,/ __ __ COUNCILMAN SCHUM NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK MAYOR FLOOD NOT GO AHEAD MOTION NOT CARRIED. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, THAT THE CiTY GO AHEAD WITH THE APPEAL PROCESS ON THE DUCK POINT ANNEXATION. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK MAYOR FLOOD COUNCILMAN VOTAPKA COUNCILMAN SCHUM CARRIED. AFTER A DISCUSSION REGARDING WHERE THE JURISDICTION LIES WITH THE DUCK POINT PROPERTY BEFORE AND AFTER THE APPEAL IS FILED, ATTORNEY KILBRIDE EXPLAINED THAT AS OF NOW, UNTIL THE APPEAL IS FILED, THIS PROPERTY IS UNDER THE JURISDICTION OF THE COUNTYAND AFTER THE APPEAL IS FILED AND UNTIL A FINAL DECISION IS MADE, JURISDICTION WILL BE UNDER THE CITY. SINCE THERE IS A DEVELOPER INVOLVED WHO WOULD LIKE TO PROCEED WITH THE DEVELOPMENT OF THIS PROPERTY, HE RECOMMENDED TO THE COUNCIL THAT THE CITY WORK WITH THE COUNTY IN A JOINT EFFORT, SO SITE PLANS CAN BE SUBMITTED AND BE REVIEWED BY BOTH THE CITY AND COUNTY PLANNING AND ZONING DEPARTMENTS. MAYOR FLOOD INSTRUCTED VICE MAYOR GASS TO ARRANGE A MEETING WITH COUNTY ATTORNEY GARY BRANDENBURG, CITY ATTORNEY DANIEL KILBRIDE AND THE CHAIRMAN OF THE COUNTY COMMISSIONERS TO ARRANGE AN AGREEMENT TO ALLOW THE DEVELOPER TO PROCEED DURING THIS APPEAL PROCESS. SPECIAL COUNCIL MEETING - JUNE 9, 1982 MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN OBERBECK, THAT THIS PIECE OF PROPERTY OF THE DUCK POINT ANNEXATION FALL UNDER THE JOINT JURISDICTION OF THE CITY AND THE COUNTY IN REGARDS TO DEVELOPMENT UNTIL SUCH TIME OF THE FINAL COURT DECISION. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILMAN SCHUM MAYOR FLOOD NONE CARRIED. MAYOR PAT FLOOD, JR. ADJOURNED THE MEETING AT 7:55 P.M. THESE MINUTES WERE APPROVED DURING T~ULA~ G OF JULY 12, 1982.