Fort Walton Beach Council minutes — 01-25-1983 Regular — reading text

request from Henderson Electric who had bid on and been awarded the bid for property in the Industrial Park who was requesting that he be allowed to take the deed in the name of Mr. and Mrs. Henderson rather than Henderson Electric. I The Attorney recommended that the request be referred to the Industrial Committee for a recommendation. Mr. Baughman moved for approval of the recommendation. Motion seconded by Mr. Franklin. Mr. Miller felt that might delay the disposition of the closing and his idea was that he felt the best alternate would be to deny the request and then if Mr. Henderson felt strongly about it; i.t then be referred to the committee for reprocessing but if he wanted to go ahead and close in the corporate name he would hate to know they had to wait on the committee now to be able to do that. He moved an amendment that they deny the request but upon his request it wouldJbe automatically be referred to the committee. Mr. Franklin with his second and Mr. Baughman his motion. Mr. Miller then moved disapproval if he is not agreeable to that disposition, that the item be referred to the commtttee. Motion seconded by Mr. Baughman and carried unanimously. CITY ATTORNEY The Attorney reported he had just told several of the people regarding RE CLARIFICATION Ordinance 740 that while he did it with considerable reluctance, ORDINANCE 740 he would entertain questions if they had questions and would reduce those questions to writing and he would reduce answers to writing and make those answers available to everybody and make the questions available to everybody and they had consented to follow that procedure. He noted that probably that within the next , 24 hours they would probably be meeting for the purpose of agreeing on some questions and answers stating he did this with some trepidation because it would be very difficult. A gentleman who did not give his name suggested the police officers be given pictures which would define what met the ordinance criteria and what did not. Mr. Miller expressed concern about placing the City Attorney in the position he had agreed to. He believed the ordinance was as objective as it could be. The Police Chief ment. oned that the Dept. had been singled out wtth regard to misapplication of this ordinance and they had a professional Dept. and there was selective enforcement in all virtually all law and tt was logistically impossible to enforce every law to the letter. He said they would not use any less care or more professional approach with regard to this ordinance which was in fact a misdemeanor than for any felony or homicide. They were not in the business of singling people or I RESOLUTION 83- 4 business establishments out. City Attorney read Resolution 83- 4 by title: A resolution authorizing the City Manager to execute the attached contract with the Corporate Risk Management Inc., and the City of Fort Walton Beach, providing the effective date hereof. Mr. Grant moved for approval. Motion seconded by Mr. Franklin and carried with the following vote: Aye: Franklin, Sundy, Bishop, Grant, Baughman. Nay: Miller RESOLUTION 83- 5 City Attorney read Resolution 83- 5 by title: A resolution opposing the recommendations of the Governor' s committee for the study of the  1- 25- 83 230 83- 5, CONTI NUED CONSTRUCTION INDUSTRY ,( Vogt Committee), and forwarding some of the reasons for the City' s opposition. Mr. Grant moved for postpone~ ment for two weeks. Motion seconded by Mr. Miller. Mr. Franklin explained the reason this came up at the last minute was the fact that some City Officials had attended a hearing and were told they ( Fort Walton Beach) should have already submitted their feelings on the matter and that there was to be a meeting in Tallahassee on the subject on Feb. 1 and Representative Ward had suggested this be done as quickly as possible. Mr. Grant withdrew his motion because of the time constraint. Mr. Miller was concerned with the construction of the resolution and dis- cussed it but withdrew his second. After further explanation from Mr. Franklin Mr. Franklin moved for approval. Mr. Miller seconded the motion which carried unanimously. RESOLUTION 83- 6 City Attorney read Resolution 83- 6 by title: A resolution making certain adjustments to personnel within the Police Dept. of the City of Fort Walton Beach, creating new positions, establishing the ability to promote one police officer and deleting existing positions - - as amended earlier in the meeting. Mr. Miller moved the resolution as it appears except for the deletion of Section 2 ( C). Motion seconded by Mr. Franklin and carried unanimously. ORDINANCE 100. 299 City Attorney read Ordinance 100. 299 by title on second reading: An ordinance rezoning certain property in the City of Fort Walton Beach from R- 1A to R- 2, providing the effective date hereof. Mr. Miller moved for approval. Motion seconded by Mr. Grant and carried unanimously. ORDINANCE 746 Mr. Baughman moved that this ordinance be removed from the table. NOISE ABATEMENT The motion died for lack of a second. ORDINANCE 755 City Attorney read Ordinance 755 by title on first reading: An ordinance authorizing codification of charter amendments previously approved; rescinding and reenacting the election code of the City of Fort Walton Beach, Florida; making the County Supervisor of Elections' office the office responsible for the conduct of elections and for the qualification of candi- dates; rescinding duplicative and contradictory provisions of the Charter and of the Code of Ordinances; providing for election of seven council members by specific seat number, and providing an effective date: The Attorney noted he had just distributed ~ a copy of another paragraph which"' recommended which would /, rescind Section 65 of the Charter and would be a new paragraph 4, with the following sections being re- numbered. Mr. Miller moved for approval on 1st reading. Motion seconded by Mr. Bishop.( As amended). Mr. Miller asked if Council had the authority to include themselves in the two consecutive term limitation. The Attorney replied, no, that must be done by referendum. Mr. Miller asked if the ordinance were drafted to make clear that each seat on Council was a separate political race between and among those persons qualifying to run for that particular seat. The Attorney said it was. Mr. Miller proposed an amendment to Section 7- 1 A, and B and leave to the Attorney the particular language, an amendment to each of those sub-, sections which would mandate that registration of qualified electors be available at City Hall and that qualification of candidates opportunity be available at the City Hall;  1- 25- 83 231 ORDINANCE 755 saying he had ~ ketched a, c&au~ e to end A and B by changing the V CONTI NUED period to a cOlTl11a and add which shall include City Hall, period, and the same language on B. Motion seconded by Mr. Sundy. Mr. Miller said this meant they would be mandating that to the Supv. of Elections. Mr. Grant asked if the candidate would have the option of qualifying at either place. Mr. Miller said that would be up to the Supv. of Elections. The Mayor thought the idea was to get the City Staff out of the qualification process. Mr. Miller said they wanted to get rid of the responsibility of being the subjective determiner of I issues. Mr. Bishop agreed to the registering for voting at City Hall as is now done; however, if they were trying to get the election process turned over to Elsie Garrett, County Supv. of Elections, it seemed that qualifying should be done where she wanted it done. He felt they did not want to get City Staff involved. Mr. Grant felt City Staff should be taken out of the election process completely. Mr. Miller moved a new motion, with Mr. Sundy' s consent, that Sub- Section 7- 1A to manda~ registration of electors be available at City Hall. Motion seconded by Mr. Bishop. Motion carried unanimously. The Attorney said he would like to talk with Mrs. Garrett about how she can do that. It was noted that Ordinances 723. 1 and 724. 1 were now moot; Ordinance 755 took care of the items in those. two ordinances. be sent SIGN ORDINANCE Mr. Bishop moved that the sign ordinanc~/ to the Building Code Committee to look at. Mr. Miller noting the ordinances were tabled, moved that Ordinance 709. 1 be removed from the table. Mr. Bishop seconded. Voting aye: Miller, Bishop, Franklin, Sundy, Baughman. Voting nay: Grant. Mr. Miller moved that Ordinance 709. 1 be referr.ed to the Building Codes Committee. Motion seconded by Mr. Bishop. Motion carried