Fort Walton Beach Council minutes — 01-22-1980 Regular — reading text

and motion carried. Ordinance as amended is passed. 550. 9 RE: ' lWILIGffi' 550. 9 AN ORDINANCE ESTABLISHING SECTION 10A- 7 OF FEE'S AT <DLF c: rnsE n. THE FORT WALTON BEACH CODE TO ADD TWILIGHT FEES AND RULES AND REGULATIONS AT THE GOLF COURSE, PROVIDING THE EFFECTIVE DATE HEREOF. Dr. Houghton moved that the ordinance be approved on second reading. Motion was seconded by Mr. Hill and carried unanimously. 714 RE: FEE'S & 714 AN ORDINANCE ESTABLISHING SECTION l5B- 9 OF THE REGJIATIOOS FOR FORT WALTON BEACH CODE TO ESTABLISH FEES AND REGU- TENNIS CENTER LATIONS FOR THE FORT WALTON BEACH TENNIS CENTER, PROVIDING THE EFFECTIVE DATE HEREOF. 502. 15 RE: WATER TAP Mr. on Baughman moved that the ordinance be approved second 502. 15 reading. AN Motion was seconded by Mr. Hill and carried unanimously. ORDINAL"J\ CE AMENDING J 22- 13 OF THE SECTIO!- l FOR !AWN IRRIGATIOO CODE OF ORDINANCES OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR THE INSTALLATION OF A SECOND WATER TAP FOR LAWN IRRIGATION PURPOSES, PROVIDING THE EFFECTIVE DATE HEREOF.  009 1/ 22/ 80 Dr. Houghton moved that the ordinance be approved on first reading. Motion was seconded by Mr. Rigdon and carried unanimously. 100. 264 RE: VACATING 100. 264 AN ORDINANCE VACATING A CERTAIN ALLEY IN AN ALIEY THE CITY OF FORT WALTON BEACH AND RETAINING A UTILITY EASEMENT THEREIN PROVIDING THE EFFECTIVE DATE HEREOF. ( Fourth, Magnolia & Elm Street) Mr. Rigdon moved that the ordinance be approved on first reading. Motion was seconded by Mr. Hill and carried unanimously. 100. 265 RE: 100. 265 AN ORDINANCE REZONING CERTAIN PROPERTY OF REzcm:NG THE CITY OF FORT WALTON BEACH FROM C- 2 TO P- 2 PROVIDING THE EFFECTIVE DATE HEREOF. ( Santasia Park SiD) Mr. Rigdon moved that the ordinance be approved on first reading. Motion was seconded by Mr. Hill and carried unanimously. OUT ~ FOR Mayor asked for a report on blackout shades for ORCrT.IZENS BLDG. Senior Citizens Building that was tabled at January 8, 1980 meeting. Mr. Grant made a motion to table action for two more weeks. Motion was seconded by Mr. Bishop and carried unanimously. Mayor presented the following list of proposed Beautification Committee members: Ms. Jacqueline C. Hale Ms. Celeste Johnson 619 Cambridge Avenue, NE 212 Holmes Boulevard, NW H. Gene Smith Mr. John L. Shortall 327 Sudduth Circle, NE 619 Golf Course Dr. NE Mr. George Van Dyke Ms. Myra Vaivada 283 Briarwood Circle, NW 1 Miracle Strip Pkwy, SE Mr. Jim F. Jansa Ms. Kay Allen 2 Rue De Le Roi 31 Bay Drive, NE I Mr. 635 Mr. Motion Erwin Carr Lovejoy Rigdon was Road made Ms. 331 motion to accept appointments. a seconded by Mr. Bishop and carried Hazel Spain Sudduth Circle, NE unanimously. LIABILITY INSURANCE Mayor presented information on Public Officials & OOVERAGE Employees Liability Insurance coverage. He reques- ted comments from the City Attorney. 010 1/ 22/ 80 City Attorney pointed out there are a number of exclusions and it is not a catch all policy because I doubt that any insurance company would write one that would cover everything. So what I want you to know is, if you accept this policy, there are certain exclusions where you would not be covered. On the first page, for example, they exclude claims arising out of employee hiring, advancement, or termination. I repeat the word termination because this apparent policy would not have covered the recent situation that we were involved in. Another exclusion would be false arrest, assault and bat- tery, and so forth. I don' t think, hopefully, anybody would get quite that far but it excludes those on malicious prosecution which you would not be affected with. It does not, in other words, cover defamation, such as libel or if you make a slanderous statement, or any publication or utter- ance, where you could be, in effect, sued. It is more or less an error or omission, that is, such as, possibly denying someone something that they legally should have a right to and would sus- tain damages, if you should be sued for such action. In other words theywouldntt defend it. You cantt obtain coverage for everything. Basically my comments are, for the premium you are being charged I would seriously recommend taking out such a policy. Mr. Baughman said he didntt feel this is something we should spend taxpayers money on. We had a previous policy and when we went into this union situation we felt like we were covered and we all know that was not the case. I think each one of us, as elected officials, can certainly conduct ourselves in ways that we don' t get involved in situations where we get sued. I personally would not like to see any more of the taxpayers money spent on a policy like this. Mayor asked City Attorney if there is possibility a another company could write a more comprehensive pOlicy? o City Attorney replied, it is my opinion that pro- bably any company is going to limit coverage unless the premium is raised, depending on what you want covered. He further said, a policy is something hopefully you will never need, but as long as you' ve got lawyers you will have law suits, and it is just up to Council. Dr. Houghton said he is involved in several dif- ferent organizations and they all have some type of liability coverage. It is immaterial to me but I think mainly the employees of the City should be