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

there were any support for that. Mr. Miller moved a further $ 2. 00 reduction in garbage fees ( residential). Amendment seconded by Mr. Bishop. Voting to the amendment: Aye: Miller, Bishop. Voting nay: Franklin, Grant, Thornber, Baughman. Amendment failed. Voting to the original motion was aye unanimously. ORDINANCE 687. 3 City Attorney read Ordinance 687. 3 on second reading: An Ordinance amending Ordinance 687. 2, and providing that the City Clerk occupies a position which is appointed by the City Counci l. The Attorney pointed out that this was an amended copy since the first reading which picked up a charter amendment after 1953 for 1961, House Bill No. 286i and he had then added sub~ paragraph B and in addition had taken out the requirement that the salaries of the City Manager, City Clerk and all the people set up in this ordinance be established by ordinance, suggesting that this be done by resolution. Mr. Miller moved that this item be continued to the next meeting. Motion seconded by Mr. Bishop. Voting aye: Miller, Bishop, Voticng na'y: Grant'; Thornber Baughman, Franklin Mr. Baughman asked for a show of hands on the vote. Mayor Pro Tem granted Mr. Miller a few minutes to read the changes while they proceeded with the agenda. ORDINANCE 742. 1 City Attorney read Ordinance 742. 1 on 2nd Reading: An Ordinance rescinding Ordinance 742, which assessed in criminal proceedings in addition to all other costs, an additional two ($ 2. 00) dollars for use for law enforcement education and training. It was noted the~ ew Police Chief had expressed an interest in studying the ordinance before final action was taken. Mr. Franklin moved that it be continued to the next meeting. Motion seconded by Mr. Baughman and carried unanimously. ORDINANCE 543. 6 City Attorney read Ordinance 543. 6 on first reading: An Ordinance amending the Animal Control Ordinance 543. 3, Section 2( 1) changing licensing period from the fiscal year to the calendar year, providing the effective date hereof. Mr. Baughman moved for approval. Motion seconded by Mrs. Thornber and carried unanimously. The City Attorney agreed to look into whether or not someone from Council could serve on the Humane Society Board of Directors. ORDINANCE 687. 3 - Re- addressed Mr. Miller looked at the copy of the ordinance as it was written before the alterations before second reading. City Attorney confirmed this was only a portion of Section 53. Mr. Miller wanted the changes actually made outlined; saying he felt they,~ houldamend the previous approved ordinance; the Attorney agreed. Mr. Baughman moved to amend it as written. Motion seconded by Mrs. Thornber. Voting in favor of the amendment* was aye unanimously. * Ordinance as amended on second reading. L .  10- 26- 82 175 CITY RIGHT- Of- WAY BETWEEN WHITE WILSON CLINIC & YMCA LEASE PROPERTY Mr. Franklin stated that in October, 1979, the Council approved the useage of a certain piece of property behind White- Wilson Clinic on city- leased property for their use as parking. He noted they were presently expanding parking facilities, and would like to continue to use this piece of property plus 3D' x 105' in addition. He felt there was a definite need for this and his only concern was from time to time the Mayor and Council changed and he felt it should be in writing. He reported the Clinic would like to make some kind of arrangement to continue I useage of that property and he felt it should be put in writing. Mayor Pro Tem Grant noted perhaps a request for long term lease or sale of the property - did the City have authority to do that. The Attorney said no, Mr. Franklin agreed. Alternatives were discussed. The Attorney said an alternative involved acquiescence in writing of the fact that they presently do occupy and are seeking to continue to occupy property which is held by the City on a long term lease; he felt the acquiescence in writing should be done to preserve the records. He indicated one of his law partners represented the Clinic and he felt a conflict on his part. He indicated his desire to ask another City attorney with no conflict to render an opinion. He said Council could deny the clinic the use of the property or they could say so long as there was an agreement acquiescing to the common property line and agreeing that the clinic would discontinue use of the property at such time as the Council tells them to do so, he felt they couJd so; but did not think they could sell it because they held it on a long term lease. Mr. Grant said the long term lease utilization was for recreation and/ or educational purposes and asked the Attorney if their use would meet the criteria. The Attorney said no, he did not think so, but that was the reason he wanted the opinion from someone else. Mr. Baughman moved that White Wilson Clinic be denied further use of this property for the use it is being put there, saying the minutes were clear from 1979, that this was a temporary use while they were constructing an addition. Motion seconded by Mr. Grant. Mr. Frankin said it was not giving the property, but allowing use part of a 601 right- of- way which they had already set up to be used by the YMCA between the two properties. The clinic had aleady paved 30 x 5001 feet of that which would be a savings and an advantage to let them pave the rest of it. Dr. Thompson of the White Wilson Clinic spoke to the request noting also the hospital IS expansion program and the common parking problems. Mrs. Thornber noted that the Attorney said they needed to wait for another legal opinion. Mrs. Thornber moved that they table pending an opinion from another attorney. Motion died for lack of a second. After further lengthy discussion the vote was taken on the motion to deny use of the land to the clinic. Voting aye: Baughman, Grant. Voting nay: Miller, Franklin, Thornber, Bishop. Motion failed. Mrs. Thornber moved before they made a decision they get another legal opinion. Motion seconded by Mr. Franklin. Mr. Bishop said it appeared since they said no to denying use they were going to allow it and the motion was not necessary now, and asked if a motion were needed to allow continued use until the opinion was received. The Attorney did not feel a motion for continued use was needed I until the opinion was received.  I 10- 26- 82 176 RIGHT- OF- WAY, CITY LEASED. PROPERTY ( WHITE WILSON CLINIC, CONTINUED) Mr. Miller preferred that the City take advantage of an opportuntty to improve property that we would have a use for on a continuing basis; the arrangement so far had not been harmful to anyone that he could tell; not to the citizenry. He felt the value of those improvements to the property far outweigh the value of temporary use and he was inclined to proceed to authorize on the same basis of the previous approval the request now before Council. Mr. Miller opposed the motion on the floor. Mrs. Thornber re- stated her motion that Council not act upon the parking lot for the White- Wilson Clinic until they had an opinion from an attorney. Voting aye: Thornber, Bishop, Franklin, Grant. Voting Nay: Baughman, Mille~ Motion carried. ADJOURNMENT - 8: 30 p. m. APPROVED: () () ~ ~ / J; j? YOR:~~ q1/ i? f3~~ KATHRYN P. AGLEY.' ATTEST: a~ 7/(Ci,Jty C erk ( fl~)