Fort Walton Beach Council minutes — 05-23-1972 Regular — reading text

“Gus 151 MINUTES OF REGULAR MEETING OF CITY COUNCIL OF FORT WALTON BEACH, FLORIDA May 23, 1972 INTRODUCTION WELCOME N GARY LEE MARIANCE A regular meeting of the City Council of Fort Walton Beach, Florida, was held at the City Hall on May 23, 1972, at 7:30 p-m., with the following members present: Councilmen: Fred Hedrick Hurdis Brock Art Schweizer, Joe Guidry’ H. C. "Dutch" Van Buskirk C. H. Rigdon, Jr. George Palmer Also present were: City Attorney, City Manager, and City Clerk Mayor brought the meeting to order at 7:30 pem.. Invocation was given by Mr. Rigdon, and the Mayor led in the pledge to the flag. Mayor welcomed visitors. He then called for any items of business not appearing on the agenda. . Mr. Gary Lee was recognized and presented a request for a variance in regard to new facility to be built on Highway 98. He stated that the whdiefront of the building would be masked by brick and masonry con- struction. The building would be 50' in depth, and it was requested that Council permit a metal building to be built. The shop will be 154' in depth and would be solid doors with the exception of one 14! bay, requested also to be metal. Mr. Lee stated that masonry construction in areas requested to be metal would be very ex- pensive and he did not believe it would be as safe in case of fire as metal constnue- tion. bo 303 LINDA LANE STORM DRAINAGE Councilmen discussed the location, amount of screening to hide the metal portions of the building, and Mr. Rigdon Wequested that Mr. Lee file drawings and plan for the building with the City Manager. Councilman Guidry moved that the request for variance to permit portions of building to be metal be granted. Motion was duly seconded and unanimously carried. Mayor recognized Mr. C. W. Stewart, 303 Linda Lane. Mr. Stewart stated that more than two years ago he had come to the City with a drainage problem in his area. He had been told it would be corrected within a year. The problem has not been solved and during heavy rains the top soil was washed away and water came up to the ankles if one walked in the yard. Mayor asked the City Manager if any action had been taken. Mr. Walker stated that the City hid attempted to solve the problem in various’ways and had done as much as they could do. He felt it would take pro- fessional advice to solve Mr. Stewart's problem. Councilman Rigdon stated that he was familiar with the situation as he had visi- ted the property. He suggested that as the City now had a professional engineer, he be requested to visit the property, perhaps during a rain, and make a study, then report back to Council. Motion was duly made and seconded that the City Engineer study the drainage problem at 303 Linda Lane and report to the Council and to Mr. Stewart. The motion carried unanimously. FLOOD. INSURANCE BIDS COUNCIL AS COMMITTEE 153 City Manager presented bids on Flood Insurance for City owned buildings. Two bids were received from among the 17 agencies who had received invitations to bid. One bid was from Long Insurance Agency, and one was received from Floyd Courtney for the Fort Walton Beach Asso- ciation of Independent Agents. Both bidders stated that rates on such insurance were standardized and should not vary from agent to agent. City Manager suggested that Council refer Bids to committee to study the bids and report back to Council for action at a later meeting. Mr. Hedrick inquired if, since the rates were standardized, whether in fact they would be awarding a contract rather than a bid. City Attorney stated that they were at the point of an award in this situation. Councilman Hedrick then moved that the matter be put in committee. Mr. Palmer seconded the motion. Councilman Van Buskirk suggested bidders be invited to meet with committee. Mayor recognized Mr. Courtney who stated that the bid from Independent Ags#t*s. Association represented a response from ‘the majority of agents to whom invitations had been sent. Question was called and the motion to refer the matter to committee was carried unani- mously. The Mayor stated that he would appoint an Insurance Committee to study the matter. Mayor read the following recommendations from Council as Committee: MR. MULLINS REF: ORDINANCE]. Mr. Mullins came before Council con- 573 (HEIGHT OF FENCES) cerning Ordinance 573 (height of fences). Council recommended that City Attorney Walt Smith study the Ordinance for amend- ment if needed. MR. JOHN SMITH - AIR CON- DITIONING, INC. SEARS AND ROEBUCK REF: WAREHOUSE. SALES K FIRE SUBSTATION SITE SANITARY SEWER LATERALS (INDUSTRIAL ST. N.W.) CIRCULAR DRIVE (208 DELUNA ROAD) MATERIALS FOR SIGNS SWIMMING POOL SHELTER REPORT (308 MEGGS DRIVE) 2. Recommended that Mr. John Smith, re quest, from Air Conditioning, Inc., be held until he comes before Council. 3. Recommended that Sears and Roebuck be allowed to have two warehouse sales a year, not exceeding a week for each. 4. Recommended that site for fire sub- station (southeast corner of Pryor School property) be studied and also that under- at writers be sent a letter and copy of the proposed site. 5. Council recommended that Sanitary Sewer Laterals be constructed to accomo- date two new warehouses. Estimate cost is $4,349.12. (Industrial Street, N.W.) 6. Mr. Laird's withdrawn request for cir- cular drive was read to Council. (208 Deluna Road) 7. Recommended that materials for signs be purchased from MMM Inc. ($599.00 - $535.45) 8. Report on swimming pool shelter was read by City Attorney. Building was over 39% but less than 40% land coverage. The building also meets all set back codes and is in conformity with the code of ordinances - according to data supplied by Building PURCHASE OF CRYPTS AMENDMENT TO ORDINANCE 313 Inspector to City Attorney. City Attorney stated that the building is legal based upon data received. Mr. Hedrick suggested that a letter be sent to Mr. Rasso stating -that the building is legal. (308 Meggs Dr.) 9. Recommended that Mr. A. R. Gonstead be paid 50% of original purchase of crypts. 10. Recommended that Amendment to Ordinance 313 (313.6 ~ swimming pool fences) be amended to eliminate fence requirements in commercial areas. DIRECTIONAL SIGN (ST. MARY'S CHURCH) ABOLISHMENT OF MUNICIPAL COURT 11. Council recommended that a new direc- tional sign be allowed on City's Right-of- Way for St. Mary's Church. 12. Recommended that Municipal Court not be abolished. Vote was as follows: To abolish - Schwiezer, Palmer, and Hedrick; Not to abolish - Brock, Van Buskirk, Guidry, and Rigdon. Councilman Rigdon moved that items 2 through 11 be approved as read. Motion was duly seconded and carried unanimously. FENCE CONSTRUCTION REGULA- Mayor read item 1 concerning Ordinance TION ORDINANCE 573 MUNICIPAL COURT bia 573 (height of fences). City Attorney stated that it was a matter of discretion of the legislative body to increase the height of backyard fences from a maximum of 5' to 6'. As regards the matter of front yard fencing, some municipalities allow it and some do not and the Council could go either direction and not be out of line with what is done elsewhere. Councilman Palmer moved that the matter be tabled until the next regular meeting of Council. Motion was duly seconded and carried unanimously. Mayor read item 12, recommendation that Municipal Court not be abolished. Mr. Rigdon moved that the recommendation be accepted. Motion was duly seconded. Mayor called for discussion. Mayor recognized Dr. Gerry Hollingsworth who requested.Council to reconsider this recommendation. Dr. Hollingsworth stated that the lived in Fort Walton, paid taxes here and was a businessman of the community, but that he also lived in Okaloosa County. He félt that the need of the County for a second judge was much greater than the City's need for a Municipal Judge, and he wished to enter a plea for Council to consider this. He said he felt a ref- erendum upon which the citizens could vote would be good as they were'the ones to be affected by the matter. 155 450 Mayor commented that there would be no time for a referendum as action was re- quired by Council by June l. Mrs. Budulf of the League of Women Voters-stated that she felt Council's feelings had not been adequately shared with the community, and if they were there might be a better relationship °* all around. She requested councilmen to share their reasons for their positions. | Councilman Rigdon stated that he had spent many hours on this issue. in making © phone calls, talking with the experts, and listening to all sides of the issue. He further stated that (1) He felt the Legislature was wrong in the way they had handled the matter, asking that the City eliminate the Municipal: Court then wait for Legislature to give them a second judge; (2) only one man asked that the Municipal Court be abolished, among the calls he had received, while about 25 felt that it should not be abolished; (3) he felt the Legislature would give Port Walton area a second judge in April even if the City does not elect to abolish the Municipal Court. Mr. Rigdon added that he felt it was better for Fort Walton to have a Municipal Judge all the time than to have a judge come in one day a week. The cost of processing a case is much greater for a County Court than a City Court and thus costs the taxpayer more. Councilman Hedrick stated that he felt the people should have an opportunity to get more information if possible on an im- portant issue such as this, that some "reasoning together" should be done before deciding something that affects people both as citizens of the City and the County. Mr. Hedrick suggested a special meeting could be had on the issug. ~ Mr. Palmer stated that the ratio of people for and against abolishing the Municipal Court, was, in the calls he had had, opposite to Mr. Rigdon's experience. The majority of people who had called him were in favor of getting the second County Judge. Mr. Palmer felt that during the next week the people should be given an opportunity to express their views more fully. Mr. Van Buskirk expressed his deep con- cern in this issue. He felt he did not have answers to questions in regard to it, and did not want to hurry into a decision. The voters said they wished to abolish the Court by 1977, not by 1972, and if the judge is so direly needed the Legis- lature should come up with the extra one. Mr. Guidry commented that the Safety De- partment uses the so-called judge's chambers which is very necessary for train- ing, etc., and there is no space for a County Judge at this time. He added that the circuit judge will take over half of the County Judge's duties, therefore the load will not be so bad as some people think. Mr. Brock commented that nobody had asked him concerning his position other than a man at the local radio station. Councilman Schweizer commented that he felt there was enough information for them to go ahead and act. Mr. W. E. Mann of Shalimar was recognized by the Mayor and stated that he beltewed all the people around Fort Walton would be affected by the decision and he thought there should be a second judge for the area. 15? Irene Timmel stated that there were sever-: al things to consider: (1) Fort Walton Beach needs a judge; (2) The Legistature has said the Municipal CSurt will be phased out, the only element is the timing; (3) She had talked to people in the Legislature and was advised that if the Municipal Court is not phased out now, come January 1 any change thereafter would have to go through the Legislature and it would be a very com- plicated process; (4) Cecil Anchors told her that there was no question that space would be provided in Fort Walton for a second judge, that it had been decided and Council had been informed, it might take a little time but would be done and there was no problem in this regard. Gerry Hollingsworth suggested that the Okaloosa Bar