Fort Walton Beach Council minutes — 07-15-1977 Special — reading text

87 MINUTES OF SPECIAL MEETING OF CITY COUNCIL OF FORT WALTON BEACH, FLORIDA July 15, 1977 INTRODUCTION A special meeting of the City Council of I Fort Walton Beach, Florida was held on Friday, July 15, 1977 at 4: 00 p. m. at City Hall with the following members pre- sent: COUNCILMEN: Daniel Houghton, Jr. Robert L. Hunt Charles H. Hill Hurdis A. Brock Mayor Smith ALSO PRESENT: City Attorney, City Manager, City Clerk. Pinance Director ABSENT: C. H. Rigdon, Jr. John H. Bishop James K. Baughman Mayor called the meeting to order and read the Waiver of Notice of Meeting stating that the special meeting was called for the following reasons: To reconsider the Catalina Yacht Indus- trial Park Lease To consider request from French Brown for variance on const- uction of office building on 34 Walter Martin Road To discuss Senate Bill 1181 Authorization to repair City rear packer garbage truck I CATALINA YACHT LEASE Mayor recognized Mr. Fred Estergren, representative for Catalina Yacht Com- pany. Mr. Estergren stated that he con- tacted Catalina, and they feel pretty strongly about the clause contained in Paragraph 8 of the lease which originally read tfLessee agrees not to sublease or assign this lease or rent the property to any person or firm without the consent of the 1essortf Catalina wanted to add 88 7- IS: 71 which consent shall not be unreasonably withheld." are concerned about They leaving out that clause. They feel that Council could be completely arbitrary if they so wish. l City Attorney said, I don' t really think it makes that much difference. Probably if the Council did arbitrarily withhold consent, Catalina could get relief from the courts. I don. t think it really makes that much difference. I think the sentence should further read " but that any such sublease or assignment therefore shall not release the lessee from responsibility for compliance with the terms of the lease." Mr. Hunt moved that the lease be amended as recommended by City Attorney. Motion was seconded by Mr. Hill and carried unanimously. VARIANCE REQUEST: City Manager presented a request from 34 WALTER MARTIN DRIVE French Brown for a variance to Ordinance 350 for the construction of a frame and brick veneer front wall for a structure in a fire district. ( Lot 1, Block 10, North Hill Gardens # 1, 34 Walter Martin Drive) Mr. Hill moved that the variance be granted. Motion was seconded by Dr. Houghton and carried unanimously. SENATE BILL 1181 City Manager recommended that Council contact the Florida League of Cities in reference to Senate Bill 1181, known as the Insurance and Tort Reform Act, and request that the League use their influ- ence to get a special session of the Legislature to abolish this bill which increases the payment for traffic fines. t) Mr. Hunt moved that a be written letter to the Florida League of Cities. was seconded by Mr. unanimously. _;, Motion Hill and carried, I REPAIR OF CITY REAR City Manager explained that one of the PACKER GARBAGE TRUCK City' s rear packer garbage trucks was involved in an accident last Friday and sustained $ 7, 000 damage to the back of the truck. We are only authorized to  7- /.s-- 77 89 spend $ 2, 500 without goingto bid. How- ever, this will be an insurance- paid job. We have ordered the back gate from Truck Equipment Company in Birmingham, and they will deliver the gate and install it. The bill will be turned over to the insurance company for payment. I Mr. Hill moved that City Manager be given authorization to proceed with repair of the packer. Motion was seconded by Mr. Brock and carried unanimously. ADJOURNMENT There being no further business, meeting adjourned at 4: 15 p. m. APPROVED: ATE: ATTEST: dJ/~[ JL& CHARLES H. EVANS, City vO Clerk I I WAIVER OF NOTICE OF MEETING: We, the undersigned members of the City Council of the City of Fort Walton Beach, do hereby waive notice of time, place, I and purpose of this Special Meeting of City Council, and do hereby set the time of said meeting at 4: 00 p. m., CDT, Friday, July 15, 1977, and the City Hall as the place. This special meeting was called for the following reasons: To reconsider the Catalina Yacht Industrial Park lease. To consider request from French Brown for variance on construction of office building on 34 Walter Martin Rd. To discuss Senate Bill 811. Authorization to repair City rear packer garbage truck I I R I