Fort Walton Beach Council minutes — 04-14-1964 Regular — reading text

further the exact nature of Hutchins property, possibly from movers. 8. Recommend that City owned property adjoining Brooks Cemetery be transferred to jurisdiction of Parks and Recreation Department for development as Beautification Area. 9. Recommend that Committee devote further study to Cemetery Board Recommendation concerning landscape archi- tect to develop long range plans for beautification of Beal Memorial Cemetery. 10. Recommend that assessment roll for Hughes Avenue be approved. 11. Recommend that Public Hearing be set up concerning the use of Lot 2, Block 12, Elliott' s Point 8th Add. for Boy Scout Building. 12. Recommend that City Manager be authorized to advertise for bids for the fo~lowing equipment and materials: 13. Recommend that Public Works Committee inspect ~ ot Dr. Anthony is offering the City in lieu of $ 12UO. OO originally agreed upon for lot City gave him quit- claim deed on. City Attorney presented the fo~lowing ordinances: 403 - An ordinance declaring the intention of the City of Fort Walton Beach to annex a tract of land to said City under the provislons of Section 171. 04, Florida I Statutes; and providing the erfective date of said ordinance. Council unanimously approved this ordinance on third and final reading on motion by Councilman Long, seconded by Councilman Jones. 66 380. 1 - An ordinance amending Section 3( b) of Ordinance 380 to provide that a certificate of vaccination against rabies shall not be more than 12 months old to obtain a license for a dog; providing the effective date hereof. Council unanimously approved this ordinance on 2nd reading onmotion by Councilman Tolbert, seconded by Councilman Jones. 405 - An ordinance setting the election date for the bi- annual City election for the City of Fort Walton Beach, for the year 1964; providing for the polling places and workers thereat; declaring an emergency; providing the effective date hereof. Since this ordinance called for setting of dates, Councilman Tolbert moved that primary election be set for June 16, 1964, and the runoff be one week later on June 23, 1964. Motion seconded by Councilman Rogers. Councilman Carnathan said he did not believe one week enough time between primary election and final election. Councilman Jones said these dates would fall after County run- off election and if one member of Council who was running in that election were elected then he could resign from Council and would give opportunity for other to run for his post, instead of Council having to appoint someone to fill his post if election dates conflicted. Councilman Carnathan said he felt it was time Council adopted policy to take care of these situation that seemed to arise every time any members of council seek higher political office and this matter had to be hashed out over and over. He said he did not know how to legally take care of this, whether through state legislation for charter but when there would be unexpired terms of more than six months, provisions should be made for special elections to fill the positions. He said he felt this would eliminate the manipulation of election dates. Councilman Jones said he agreed but he felt that people had rather elect councilmen than have Council appoint them and until situation was corrected he felt this one should be set so that candidates would have time to qualify and run for office. Councilman Carnathan said he felt people would need more than seven days to make up their minds between elections. Councilman Long said during the last eight years Council had appointed men such as Winston Walker, H. French Brown, Jr., Jimmy Ready, and Ray Deal and didn' t have to apoligize for any of them. He felt that citizens had objected to those appointed councilmen. He felt there were good many citizens who regularly go on vacation when school is out would be out of town for election and wouldn' t have opportunity to vote. Councilman Jones asked if Mr. Long were advocating that Councilmen should be appointed rather than elected by citizens. Councilman Rogers said that Charter provided for citizens who were out- of- town to vote by absentee ballot. He said further  67 that hefelt there should be ample time between last county primary and City election to give people chance to qualify. Mr. Carnathan asked Mr. Rogers if his remark concerning ample time between county election and city election referred to himself. Councilman Rogers said he was referring to anybody who chooses to run for office in the City of Fort Walton Beach. I Councilman Tolbert said he made the motion and he felt whole line of discussion was simply whether or not election was set on such a date in which councilman would have to be appointed or on such a date as someone would have chance to qualify and run for any vacancy. Councilman Long stated that apparently some felt very strongly about this. He said if particular Councilmen in question should be fortunate to be in second primary probably he could resign at that time allowing time for others to qualify. Charles Rigdon, 121 Second Avenue, said he felt that people should have privilege of electing councilmen. He said he had been in City eight years and City is not like it was eight years ago. He said he would much rather vote for a councilman that for six or seven men to appoint one. Councilman Carnathan said he agreed, but his objection was to the constant manipulating of times and dates to conform to situations brought on by some members of Council running for higher office. He said Council could adopt some very firm rules all citizens could conform with. He said he did not think any member of council should serve in an appointed seat more than twelve months and preferably not more than six months. Councilman Tolbert said the problem was what Council was going to do now. Councilman Jones said he believed this situation only involved one Councilman since if he was defeated in his bid for County election, he would not run himself for City Council. He said what this did to Mr. Rogers since he had to go to May 26th to win in County election, and last to qualify would be over and then Ward Four would have to have an appointed councilman. Mr. Cahalan spoke to Council stating that this subject had come before Council in past: years when he sat on Council. He charged Council with their obligation to give every citizen opportunity to vote. He also mentioned . that the citizenry would be going on mass vacations when school was out. He said Council had obligation in conscience I to see that all citizens have opportunity to vote. He said election should be over by May 30th. He emphasized that majority of people should be able to vote in the election so those officials elected would in fact represent a majority of the people. 68 Mayor Davis called for a vote on the motion; vote was as follows: Aye: Rogers, Tolbert, Jones Nay: Carnathan, Long Motion failed. Councilman Tolbert moved that the election be set with primary June 11, 1964, and runoff election June 25, 1964. Motion seconded by Councilman Rogers. Councilman Long said this did same thing as previous motion - satisfied election for the qualifying of two councilmen running for office and not the citizen. I sat with Mr. Cahalan on this Council and I wholeheartedly agree. Councilman Tolbert said this date was not for the convenience of councilmen but merely to avoid situation of not having to appoint councilmen. Councilman Jones said he believed if poll were taken of people on streets that they would tell you they would rather have a chance to vote on councilmen than have council appoint members. Councilman Carnathan said he felt charter should be changed to provide for situations like this. Councilman Tolbert said something still had to be done for the present situation. Mayor Davis called for a vote on the second motion, which was as follows: Aye: Rogers, Tolbert, Jones Nay: Carnathan, Long Motion failed. Mayor Davis postponed the setting of these dates until next council meeting when all members could be present. Attorney presented Ordinance 407 setting referendum on the Annexa- tion of Pineview SiD. Attorney Jim Middleton appeared before Council stating that ownership of this land had changed considerably since the petition for annexation had been presented to Council and he believed the majority of the property owners would not favor annexation. He said development plans had not been made around the things that go along with annexation such as City taxes, etc. He felt annexation proceedings should be dropped until petitioners could be contacted. Mayor suggested that petitioners be asked to be present at next Council meeting. Councilman Jones moved that this matter be referred to Council as whole committee for further study. Motion died for lack of a second. Councilman Long asked Mr. Middleton if his group did represent majority of land owners. Mr. Middleton said his group owned 1/ 4 of the land and had plans for developmore. Councilman Jones moved that this matter referred to Administrative Committee for further study. Motion seconded by Councilman Long and the vote was aye unanimously. Attorney said since this would require a special election whenever it were done, referendum could be at the pleasure of Council.  69 Attorney presented Ordinance 100. 21 - An ordinance rezoning a parcel of land in the City of Fort Walton Beach, Florida, from R- l to C= 2j providing the effective date hereof. 1 Council unanimously approved this ordinance on 1st reading on motion by Councilman Long, seconded by Councilman Jones. 100. 22 - An ordinance rezoning a land from parcel of R- IA to R- l, providing such use of the property is restricted to a kindergarten, providing the effective date hereof. Councilman Jones moved that this ordinance be approved on 1st reading. Councilman Tolbert asked attorney if zoning change was justified. Attorney said any change in zoning use would have to be a zoning change to property. Councilman Jones withdraw his motion and moved that public hearing be set for this zoning' change for 1st Council meeting in May at 8: 00. Motion seconded by Councilman