Fort Walton Beach Council minutes — 10-10-06 workshop minutes — reading text

73 MINUTES OF THE COUNCIL WORKSHOP MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA OCTOBER 10, 2006 INTRODUCTION A Council Workshop Meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, October 10, 2006, at 5: 30 p. m. wth the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Bob Campbell, Jim Tucker, Dr. Wayne Pullen, and Mike Minich Absent: Bill Patterson and Jim Hartwell Also Present:Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Finance Director (Position vacant); Toni Craig, City Attorney; and Department Directors CALL TO ORDER The Mayor called the meeting to order. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. ROBERTS RULES OF ORDER Discussion of Robert' s Rules of Order The Mayor explained he requested this be placed on the agenda so they can talk about Robert' s Rules of Order and how the meetings should be run. He said Robert' s Rules of Order helps to manage the procedural part of the meetings, and then there is courtesy, Le. wait to be recognized, do not talk over people, etc., which should be primary, and admitted at times he has been rude, discourteous and violated Robert' s Rules of Order. He said everyone' s input and thoughts are important, and everyone needs an opportunity to be heard and at times he sensed that members of the Council and members of the audience are intimidated when they are challenged or attacked and it stifles the exchange of ideas. He said when anyone speaks to accept their input and ask for clarification if needed, and not challenge their input. He asked if there were any questions or comments on how he would like to run the meetings. Dr. Pullen commented that the majority of the meetings are run very well, everyone makes mistakes and has to be pulled in once in a while, and he could not find any criticism other than they all need correction once in a while. He agreed they should be courteous, and commented they did not have to agree with each other but they should treat others as they would like to be treated, with courtesy and respect. The Mayor said if they would all agree to wait to be recognized before speaking, and if there is a point r of order, to state point of order, then the person speaking should stop so he can recognize the point of order to hear if it is valid. He also pointed out that side conversations are inappropriate and if someone needs clarification on an issue, to ask. Mr. Tucker wished to know if an example would be when Toni Simms was before Council and he wanted to question Mrs. Simms but there was hesitancy of the Mayor to allow Council to question a citizen about their comments. The Mayor stated asking for clarification is fine, but not to attack the comments or pass judgment. He explained that Council was not the forum to evaluate the validity of Ms. Simms complaint. 74 10- 10- 06 Council Workshop ROBERTS RULES cont. Dr. Pullen commented that everything should be posed as a question and once in a while it is not to phrased exactly right when asking a question. He asked if the Mayor would like the City Attomey act as the Partiamentarian. The Mayor stated that he and the City Attomey talked about it and thought that as part of her job she is the Partiamentarian. 1.., i Mr. Tucker commented there were times he felt his capacity to express himself was being squelched 1 because he was not as well versed in the parliamentarian rules as others, and liked the idea for the that the City Attomey to let Council know when they are going down the wrong road. He commented Sunshine Law prohibits them from calling each other to discuss issues. He wants Council to be able to discuss an issue at infinitum if need be and he wants Council to never lose the to capacity express itself. He said he is always sorry when he speaks out of turn but he will not allow any form to interfere with hiscapacity to express himself because he feels strongly in the right of the people for their representatives to say what they want to say. The Mayor commented, as an example, he was unsure he could participate in workshop discussion as his role is a facilitator of meetings. He brought up the possibility of setting up Special Rules of the strictest of the Robert' Rules, he facilitates Participation in a workshop meeting because in sense s the meetings and does not participate in a meeting. Mr. Holmes agreed he would like to hear the Mayor' s input on some of the issues and Council may need to look at some 'Nay to allow it in workshop meetings. Mr. Campbell commented the Mayor does a good job. He mentioned Council has been given points in the bulletins from the City Attorney and hoped Council will follow them. He said he wanted to hear advice from the City Attomey and not for anyone on Council to tell him he is right or wrong. He did not have a problem with anyone on Council asking questions and thought there needs to be a little more leniency. Mr. Minich stated as a member of Council he could raise a point of order at any time and the Mayor will rule on it. He said Robert' s Rules is specifically used so that everyone can speak and have an s Rules; he equal chance to speak. He said perhaps he has been over zealous in the use of Robert' has taken advice from the City Attomey and leamed his lesson. The City Attomey stated she likes rules herself and her awareness of the rules has been increased. She said at any time anyone on Council can appeal decisions that are made among themselves, that if the Mayor makes a decision and someone wants to appeal then it is left to Council to rule on that issue. She noted that could be quite time consuming and her concern is when Robert' s Rules are used to the fullest extent, it consumes valuable time and it could put Council off point of the agenda item they are dealing with. She said anytime she can help, she will and believed her role is secondary to the Mayor' s, and he should be running the meeting. She said Council needs to discuss and thrash through the issues and whether or not Robert' s Rules comes into play or she has to make a ruling, it is up to Council on whether or not to ask her. She mentioned her contract does not state she is the Parliamentarian but if it could be clear that what it means under Robert' s Rules is that the Chair makes a ruling, and only if the Chair has a question he would ask her; but at any time any of Council a decision that is made by the Chair or the Parliamentarian and place it before Council. J can appeal The Mayor stated that before a motion is made it is discussion from the public and amongst the Council, and once a motion is made it is just Council discussion.  75 Council Workshop 10- 10- 06 ROBERTS RULES cont. Mr. Tucker commented he liked it when the Mayor has allowed others to speak as long as the issue is not belabored. Mr. Holmes wished to know the mechanism for asking a question after a motion has been made and Council is in discussion. The Mayor stated Council can ask for additional input for clarification. The City Attorney pointed out that depending on the issue before Council, there may be different procedures. She explained on quasi-judicial issues there is an outstanding issue of making sure all the facts are before Council, so it may be a little more lenient in getting input during discussion phase after a motion is made so they can have all the evidence, and if Council is dealing with a legislative issue on the Land Development Code, there is certain notice and strict public input criteria; so depending on the issue before Council it all could vary. GENERAL PUBLIC Ray Seip, 121 Nebraska Avenue, commented in the near future Volume IV, Chapter 12 Land Development Code revisions should be brought to Council for approval. He referenced Section 12. 734.01 (3) which states accessory uses within the principal building shall not utilize more than 25 percent of the gross floor area of any commercial business. He objected to restricting the storage space to the business field as necessary to conduct business. He also referenced Section 12. 52.04 Shoreline Protection Zone which removes from use valuable land. He objected to the requirement of taking property without compensation or justification. He voiced his belief that the Council and the Mayor do not know what is being placed in front of them for approval. He suggested Council start reading the old Land Development Code now and to ask themselves why, and if they wait they will not have enough time to recognize when a change is required. He also suggested Council ask themselves if the City should be so involved with the citizen' s lifestyle, that the city is over-regulated. He mentioned a number of individuals he knows who are going to move, will not start a business or build a home because the city is over-regulated and inflexible. He suggested it is time to stand back and look at what the City should be doing and change the mind set. Dr. Pullen mentioned due to medical problems he is unsure when he will or will not be present at a meeting during the next six weeks and wished to express himself on the fairgrounds so Council will know his position in case he is not present when it comes to Council. He mentioned it was expressed at the Special Meeting last night that people would like the City to try to keep the fairgrounds as a viable activity for the community. He noted the City Attorney had explained the City cannot sell without declaring it as excess property. He suggested the City work toward a lease and the return to the City should at least take care of the debt service, and maybe some of the principal, on the value of the property where the fairgrounds sit which includes some of the parking area, for about $ 1 million. He felt the lease should be an initial period of 1 ~ - 2 years with renewal at least one year in advance before expiration so the Fair Association can plan for future bookings. He said taking care of the fire code problems should also be a part of the