Fort Walton Beach Council agenda — 11-14-06 ‎(regular)‎ — reading text

Mr. Hartwell advised he sent a letter to the General Manager stating he feels the behavior of the Mr. Walsh is being condoned by the management of the radio station. Therefore, Mr. Hartwell feels compelled to make a motion for Council' s consideration regarding the City' s future participation on 1260 a. m. radio. The Mayor asked for public input. There was none. 88 Regular Council 10/ 24/ 06 1260 RADIO SHOW ( CONT) Mr. Hartwell moved that the City of Fort Walton Beach no longer participate in the monthly 1260 a. m. radio show hosted by Mr. Ken Walsh and Mr. Jerry Melvin until Cumulus Broadcasting Group of Fort Walton Beach take the following actions: 1) apologize to the City for the disrespectful manner and unprofessionalism shown officials and representatives of the City of Fort Walton Beach on their 1260 a. m. talk radio, and 2) agree to keep civility and professionalism in any future interviews in which we may participate. Mr. Tucker seconded motion. Mr. Tucker stated his feeling that not to appear on the show would give Mr. Walsh a platform to talk about the City' s lack of participation, but does feel Mr. Walsh should apologize to Mr. Hartwell and the City Council as a whole. He stated he could not support the motion. Mr. Patterson stated he views this as a First Amendment issue and should be looked at as a forum for the exchange of communications between the citizens and the City, and Council should be prepared to take the heat for unpopular or controversial issues. Mr. Patterson stated his non- support of the motion as well. Mr. Holmes expressed his thoughts that he does not want to give Mr. Walsh an opportunity to platform the situation, but feels guests of his show should be extended the same courtesy as Mr. Walsh is extended, and that perhaps some ground rules need to be made for future broadcasts. Mr. Holmes feels that something needs to be done but he does not agree with the motion. Mr. Minich stated he felt this was an isolated incident and that the letter to Mr. Hartwell from the General Manager addressed the issues, and he could not support the motion. Mr. Campbell also stated his non- support of the motion, although he does not condone the way Mr. Hartwell was treated. Mr. Campbell stated if one member of Council does not want to participate that should be their individual decision. Mr. Minich noted the public service the radio station provides to the community during hurricanes and other emergencies. Mr. Tucker withdrew his second. The Mayor stated he did not think the motion could be withdrawn. The City Attorney advised Mr. Tucker could withdraw his second. Mr. Minich called for a point of order, advising that Roberts Rules of Order states once the Mayor restates the motion, it becomes the public motion of the body, and it cannot be withdrawn because once discussion has started it belongs to the Council. Mr. Tucker moved to suspend Roberts Rules of Order. Mr. Holmes inquired if there is a process to vote to allow Mr. Tucker to withdraw his second. The City Attorney advised that Council would vote on the parliamentary decision just made by the Mayor that Mr. Tucker could not withdraw his second, thereby appealing the decision by the Mayor, then Council would vote as to whether or not Mr. Tucker could withdraw his motion. Mr. Minich stated his thought that Roberts Rules of Order is as it is because if the motion is not voted on now and a second could be withdrawn, a motion has not been made and the issue could be brought up at another time.  89 Regular Council l0/24/ 06 1260 RADIO SHOW ( CONT) Mr. Tucker explained he made the second so the issue could be discussed, but does want to dignify what happened by voting on it and wanted it to be a moot issue. The City Attorney explained the first question was whether the body could appeal the parliamentary decision, if it was made, that Mr. Tucker could withdraw his second, and if denied, the body can make a motion to appeal and vote whether the motion is carried out to withdraw the second. She stated this is one of those issues where a motion should not be seconded for discussion because a second shows an affirmation of the motion, and in a situation like this public discussion can be held without having a motion, but something has to be voted on. The City Attorney stated the issue can come up again although not in the same form as it is now, and that the motion contains two parts. The first that an apology be made to the City and Mr. Hartwell, and the second that Council not appear again on the radio show. She explained these are two different issues that would need to be decided on and if one of those was made again, reconsideration would only be done during this meeting. Mr. Hartwell clarified his motion is to not participate until the two conditions are met, those conditionsbeing to apologize to the City, and that an agreement be made that and civility professionalism be maintained by the hosts of the radio show. Discussion ensued as to whether a member of the Council, who is an employee of the radio station, should abstain from voting on this issue. Mr. Minich advised he did not have to abstain as he would receive no financial gain from the outcome of the vote. Mr. Minich further stated he did confer with the City Attorney beforehand and was advised he did not have to abstain. The Mayor called for the vote on the motion to no longer participate in the monthly 1260 a. m. radio show hosted by Mr. Ken Walsh and Mr. Jerry Melvin until Cumulus Broadcasting Group of Fort Walton Beach take the following actions: 1) apologize to the City for the disrespectful manner and unprofessionalism shown officials and representatives of the City of Fort Walton Beach on their 1260 a. m. talk radio, and 2) agree to keep civility and professionalism in any future interviews in which we may participate, and it failed by a vote of 2 to 4 with Tucker and Hartwell in favor and Holmes, Patterson, Campbell, and Minich opposed ( Pullen absent). Mr. Tucker expressed his displeasure at having to vote on the issue as he did not want to dignify the actions of the radio station by having Council vote on the issue. RES. 06-29. REDUCE MEMBERSHIP OF WATERS EDGE AD- HOC COMMITTEE The Mayor read the resolution by title only. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, REDUCING THE MEMBERSHIP OF THE WATER' S EDGE AD- HOC COMMITTEE, ALSO ESTABLISHED AS THE FLORIDA WATERFRONTS PARTNERSHIP COMMITTEE, FROM EIGHT TO FIVE MEMBERS CONSISTING OF AT LEAST TWO BOATERS AND TWO NON- BOATERS; AND PROVIDING FOR AN EFFECTIVE DATE. The CDS Director explained the resolution was drafted in an effort to ensure a quorum at the Waters Edge Ad- Hoc/Waterfront' s Florida Partnership Committee meetings. Mr. Minich moved to adopt Res. 06- 29. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor Pullen absent). 90 10/ 24/ 06 Regular Council RES. 06- 32. TEMPORARV CLOSING OF STATE ROADS The Mayor read the resolution by title only. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA PURSUANT TO THE FLORIDA ADMINISTRATIVE CODE 14. 65. 0035 TEMPORARY CLOSING OF STATE ROADS OTHER THAN LIMITED ACCESS FACILITIES, REQUIRING THE LOCAL GOVERNMENT AUTHORITY TO SUBMIT A RESOLUTION OR EXCERPTS OF MINUTES AUTHORIZING THE SPECIAL EVENT; AUTHORIZING THE CITY MANAGER TO SIGN; AND PROVIDING AN EFFECTIVE DATE. The City Manager explained FOOT requested a current resolution from the City regarding the temporary closing of state roads for special events. Mr. Patterson moved to adopt Res. 06- 32. Mr. Campbell seconded motion and it carried favor unanimously with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in Pullen absent). HISTORIC SITES BOARD APPOINTMENT Consideration of appointment to the Historic Sites and Structures Advisory Board. Mr. Minich moved to reappoint Don Panzenhagen, 267 Ewing Court, Fort Walton Beach, to the Historic Sites and Structures Advisory Board for a four-year term until October 23, 2010. Mr. Holmes seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor (Pullen absent). MAVOR/COUNCIL ANNOUNCEMENTS Mr. Hartwell discussed the homeless situation and suggested a future workshop, especially as winter approaches, to address the homeless who are trying to better themselves and need an the extra hand. The City Manager mentioned the homeless can be put in touch with one of months rent, deposits for utilities; and the many organizations that provide help with first and last below 40 Coalition on the Homeless have a cold night shelter when the temperatures drop to She mentioned the Volunteer Florida initiative that is degrees to provide a place sleep. underway by the United Way to develop a resource for assistance. Mr. Tucker suggested Council start thinking about deeding a portion of the fairgrounds property to the Coalition on the Homeless organization as a place for a homeless shelter. The City and noted it is a Manager mentioned the vagrant task force discussed the homeless issue county-wide problem that will need county-wide resources and will need a collective effort county-wide to address the issue. Mr. Tucker addressed the " Spout Off' comment in the paper on October 16th that said