Fort Walton Beach Council minutes — 10-26-1982 Regular — reading text

MINUTES OF REGULAR CITY COUNCIL MEETING 171 FORT WALTON BEACH, FLORIDA October 26, 1982 7: 00 p. m. I NTRODUCTI ON A Regular City Council meeting was held October 26, 1982, at 7: 00 with the following members present: A1 Grant, Mayor Pro Tem Absent: Mayor Kate Bagley Councilmembers: Councilman Harold Sundy John Franklin I Jerry Miller Patricia Thornber John Bishop James K. Baughman Also Present: City Manager, City Clerk- Finance Virec~or and City Attorney Mayor Grant explained the Mayor' s absence due to the death of her brother and asked that her family be remembered in the invocation. Mr. Franklin led the invocat~on and Mr. Grant led the Pledge of Allegiance. MINUTES Mrs. Thornber moved that the regular minutes for 'the meeting of 9- 28- 82 be accepted as corrected on page 155. Motion seconded by Mr. Bishop and carried unanimously. Mrs. Thornber moved that the minute, of 10- 12- 82 ( regular meeting) be approved. Motion seconded by Mr. Franklin and carried unanimously. DIGITAL PAGING SYSTEMS Mayor Pro Tem presented a request from Digital Paging Systems, Inc. to be allowed to place an antenna atop the City' s 180 foot tower located near the City' s golf course. It was noted the the Chief of Police, the Public Works Director and the City Manager recommended to Council that the request be denied. Mr. Baughman moved that the request be denied. Motion seconded by Mr. Franklin and carried unanimously. REQUEST FOR BUILDING CODE VARIANCE FROM BILLY DUBOSE Mr. Dubose reported he had purchased a townhouse project which had been partially constructed under permits received from the City. The problem now discovered was second floor balconies which were concrete slab supported by plywood. He indicated it would cost $ 3, 000. 00 to $ 5, 000. 00 to conform to the code. Council discussed this at length with Mr. DuBose and the Public Works Director. Mr. Baughman moved for approval of a variance. Mr. Miller questioned the Attorney as to whether or not Council could hear this type variance. The Attorney agreed Council could do so. Mr. Bishop seconded the motion. The variance was to allow the use of wood instead of steel. Vote to the motion was aye unanimously. REQUEST FROM EARL JANNEY FOR WAIVER OF ASSESSMENT INTEREST I The request was for waiver of interest fees on paving and drainage assessment for Lot j, Block 2, Pinegrove SID in the amount of $! 3. 44. Principal Due $ 292. 00 & Lien fee due of $ 9. 00. Manager said the administration recommende~ that the interest be waived provided all the principal and the lien fees be paid in full. Mr. Baughman moved that the recommendation be approved. Motion seconded by Mr. Franklin. Voting aye: Franklin, Bishop, Grant, Baughman. Voting nay: Miller REQUEST FROM FORT WALTON ORTHOPEDIC FOR OCCUPATIONAL LICENSE PENALTY WAIVER Mayor Pro Tem reported the requestor had notified Council he could not be present at the meeting. The request was for waiver of the $ 10. 00 penalty paid on his occupational license which had been postmarked October 1, 1982. Mr. Miller moved that Council  I. 10- 26- 82 172 CONTINUED. ORTHOPEDIC COBBLERS, establish a policy that occupational licenses paid by mail with a postmark before the deadline, and received through regular mail courses be accepted as timely payment. Motion seconded by Mrs. Thornber. Mr. Baughman indicated in this case the problem was that the real deadline was Sept. 30, not Oct. l.- the bills say prior to Oct. 1. City Clerk indicated postmarks were used with waterbills. He also reported the statutues indicated payment by October l.It was estab 1 i shed if someone came into City Hall to buy a license on October 1, they would be charged a penalty. Mr. Franklin stated that in essence this motion was denying this particular request. Vote to the motion was aye unanimously and the request was denied by virtue of the motion. CINCO BAYOU AGREEMENT Mayor Pro Tem called on Mr. Franklin for a report, who reported the agreement had been given to each of them and a resolution prepared and he moved approval of the agreement. Motion seconded by Mr. Baughman. Mrs. Thornber moved that the order of the day be changed and the resolution adopting the agreement be heard at that time. Motion seconded by Mr. Franklin and carried unanimously. City Attorney read RESOLUTION 82- 44 by title: A Resolution approving execu- tion of an inter- local agreement for water and sewer with the Town of Cinco Bayou. Mr. Franklin moved for approval. Motion seconded by Mr. Baughman and carried unanimously. PROCLAMATION - NATIONAL BIBLE WEEK Mayor Pro Tem Grant on behalf of Mayor Bagley proclaimed the week of November 21- 28, 1982 as Bible Week. REHAB CHANGE ORDER 45 N. CARSON DRIVE City Manager presented a request for a change order in the amount of $ 1, 485. 00 for the rehab project at 45 N. Carson Drive which is 10% more than the original contract. He recommended approval. Mr. Franklin moved for approval; motion seconded by Mr. Miller and carried unanimously. DONATION OF SURPLUS FIRE HELMETS TO HOLT & HOLLEY- NAVARRE VOLUNTEER FIRE DEPTS. Manager presented for consideration the donation of 10 surplus firemen' s helmets to the Holt Volunteer Fire Dept. and 7 to the Holly- Navarre Volunteer Fire Dept. The Manager recommended that Council authorize these donations.. Mr. Franklin moved for approval; motion seconded by Mrs. Thornber and carried unanimously. 90- DAY WAITING PERIOD FOR HOSPITALIZATION & LIFE INSURANCE FOR NEW POLICE CHIEF The Manager said this was a personnel policy of the gO- day waiting period and was more or less contingent on the laborer classification of employee who might only work a very short time and leave the job; indicating in this case it was for a longer period and he recommended the waiting period be waived for the Police Chief and his family. Mr. Bishop moved for approval. Motion seconded by Mr. Franklin. The Manager indicated this policy had been discussed at Staff meeting and it was agreed that it needed looking into. Mr. Baughman felt this was favortism and felt hesitancy. Mayor Pro Tem agreed it needed looking into but that would take a good bit of time. Voting aye: Franklin, Miller, Grant, Bishop, Thornber. Voting nay: Baughman. CITY ATTORNEY REGARDING JOE DAVENPORT AND CITY ZONING City Attorney explained his second letter to Council concerning Joe Davenport' s Business operation at Hollywood & Carson, explaining all that had been done by the staff even to the point of arrest and a fine. He indicated requests were being received by other individuals to be allowed to operate a business in the same manner. Council discussed the zoning ordinance, the absence of bathrooms, the need for the area to be cleaned up and whether or not the property  10- 26- 82 173 owner had any responsibility for the problem. He noted it was causing adverse publicity and possibly a community emotional issue. He indicated the staff could go through the criminal process again. He felt possibly the problem could be addressed by taking it to a court and asking the judge about the zoning ordinance and the enforcement of it telling the Judge the way the City felt it should be interpreted and if the Judge agreed an order would be en~ ered requiring that there be no operation at that location. He felt the most: direct way to approach it was to decide whether or not Council considered it to be a v~ olation of the zoning ordinance and if they did or whether they thought the grandfather provision I applied and at that point an action be filed at Circuit Court to get an answer from a judge. Council discussed all aspects of the situation at length. Mr. Baughman remarked on unemployment and noted Mr. Davenport was old and trying to support himself. He felt he was grandfathered in. Mr. Baughman moved to consider Mr. Davenpo,rt to be grandfathered in. The Attorney said that was not needed; if Council wanted him to do nothing then no motion was nec.essary. Mr. Baughman moved to tell the City Attorney to do nothing. Motion seconded by Mr. Miller. Mrs. Thornber felt some sort of variance should be granted on a yearly basis. The Attorney suggested creating alternate areas of zoning where this type of operation would be allowed. Mr. Franklin moved to amend the motion if Mr. Baughman would accept it to have the City Attorney research the responsibility of the property owner and correspond with that property owner in order that he maintain and keep that property up to City standards. Mr. Miller said he was the second and he would not accept the amendment. The Attorney felt the staff could take care of that problem. Mr. Baughman did not accept the amendment. Vote to the motion to tell the Attorney to do nothing was: Aye: Miller, Franklin, Baughman, Bishop, Thornber. Voting Nay: Grant. Motion carried. Re- issuance of a license of some kind was up to the City Manager. Mrs. Thornber moved that somehow he be given a variance; whatever is necessary. The Attorney said it did not qualify as a variance. RESOLUTION 82- 40 City Attorney read Resolution 82- 40 by title: A resolution amending fees for special membership dues for the Fort Walton Beach Golf Course, providing the effective date hereof. Mr. Franklin moved for approval. Motion seconded by Mr. Baughman. It was clarified that " special memberships" meant " non- county". It was determined the effective date would be upon its adoption - that date - October 26. Vote to the motion was aye unanimously. RESOLUTION 82- 41 City Attorney read Resolution 82- 41 by title: A Resolution authorizing the City Manager on behalf of the City of Fort Walton Beach to execute an easement to Gulf Power Company, providing the effective date hereof. Mr. Franklin moved for approval; motion seconded by Mr. Bishop and carried unanimously. RESOLUTION 82- 43 A Resolution of the Council of the City of Fort Walton Beach, Florida, authorizing I the filing of an application for Florida Municipal Liability Self- Insurers Program and notification to Department of Commerce, providing the effective date hereof. Mr. Franklin moved for approval. Motion seconded by Mr. Bishop, and carried unanimously. ORDINANCE 286. 10 City Attorney read Ordinance 286. 10 by title on second reading: An Ordinance amending Section lO- 9( B) of the Fort Walton Beach Code of Ordinances, amending service charges for single- family residential, multi- family residential, including trailers, business establishments with four to six cans, providing the effective date hereof. r 10- 26- 82 174 ORDINANCE 286. 10, continued Mrs. Thornber moved for approval.. Motion seconded b~ Mr. Miller. Mr. Miller still felt Council ought to apply some of last year s surplus into reducing revenues for current year if