Fort Walton Beach Council minutes — 10-24-06 regular minutes — reading text

DATE.  87 Regular Council 10/ 24/ 06 ORD. 1713 ( CONT) The City Attorney explained it was her goal in the ordinance to simplify the number of missed meetings and make the chair responsible to make a determination of an absence, and to clearly state when an absence shall be excused. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Tucker moved to adopt Ord. 1713 on first reading. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor ( Pullen absent). REGULAR AGENDA- EASEMENT REQUEST FROM FIRST METHODIST CHURCH Consideration of accepting an easement from First United Methodist Church. Allen Lassiter, Service Operations Manager, advised this is a standard fire hydrant easement request and has been approved by Staff. Mr. Holmes moved to accept the Grant of Easement from First United Methodist Church of Fort Walton, Inc., for a fire hydrant and water line on their property at 103 First Street SE. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor (Pullen absent). CDC EXPENDITURES Consideration of request from Okaloosa CDC concerning expenditures for SHIP and HHAP for year 2003-2004, 2004- 2005, 2005-2006. Patti Sonnarborg, Executive Director of the Okaloosa Community Development Corporation OCDC) presented the annual reports to include monies spent and the demographics. Mr. Patterson moved to approve the annual reports for the SHIP funds for year 2003- 2004, 2004-2005, and 2005-2006, and the approval of the annual HHAP funds distribution. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor (Pullen absent). CITY PARTICIPATION IN 1260 AM MONTHLY TALK RADIO SHOW Discussion regarding the City' s participation in the 1260 a. m. monthly talk show. Mr. Hartwell advised he would like to make a motion. Mr. Minich called for a point of order in that the City Charter allows for public participation and to have a motion at this time would close public input. Mr. Hartwell explained he asked this item be placed on the agenda to discuss the value the City is receiving from participating in the monthly 1260 a. m. radio talk show, and the unprofessional behavior shown toward him by the radio program' s host, Ken Walsh, on September 7, 2006. 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 10/ 24/ 06 Regular Council 1260 RADIO SHOW ( CONTI 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 Mr. Tucker seconded professionalism in any future interviews in which we may participate. 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. J 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. t.",',.,,'.;.' I Mr. Holmes inquired if there is a process to vote to allow Mr. Tucker to withdraw his second. i 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 10/ 24/ 06 Regular Council 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, r- 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 voted on. The public discussion can be held without having a motion, but something has to be w as it is now, City Attorney stated the issue can come up again although not in the same form 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 need to be decided on and if one of those was made again, are two different issues that would reconsideration would only be done during this meeting. Mr. Hartwell clarified his motion is to not participate until the two conditions are met, those conditions being to apologize to the City, and that an agreement be made that civility and 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. of radio show hosted by Mr. Ken Walsh and Mr. Jerry Melvin until Cumulus Broadcasting Group 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). to dignify Mr. Tucker expressed his displeasure at having to vote on the issue as he did not want 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. THE A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, REDUCING S EDGE AD- HOC COMMITTEE, ALSO ESTABLISHED AS MEMBERSHIP OF THE WATER' COMMITTEE, FROM EIGHT TO FIVE THE FLORIDA WATERFRONTS PARTNERSHIP MEMBERS CONSISTING OF AT LEAST TWO BOATERS AND TWO NON- BOATERS; AND PROVIDING FOR AN EFFECTIVE DATE. at the The CDS Director explained the resolution was drafted in an effort to ensure a quorum Waters Edge Ad- HoclWaterfront's Florida Partnership Committee meetings. Mr. Minich moved to adopt Res. 06. 29. Mr. Hartwell seconded motion and it carried Minich in favor unanimously with Holmes, Patterson, Campbell, Tucker, Hartwell, and Pullen absent). 90 Regular Council 10/ 24/ 06 RES. 06-32. TEMPORARY CLOSING OF STATE ROADS The Mayor read the resolution by title only. A