Fort Walton Beach Council minutes — 01-25-1983 Regular — reading text

219 MINUTES OF THE REGULAR MEETING OF CITY COUNCIL FORT WALTON BEACH, FLORIDA January 25 , 1983 7: 00 p. m. I NTRODUCTI ON A regular meeting of the City Council was held January 25, 1983, at 7: 00 p. m.with the following members present: Mayor Kathryn P. Bagley Also Present: City Manager, City Attorney, I Councilmen: John Franklin Jerry Mi 11 er Harold Sundy John Bishop City Clerk Al Grant James K. Baughman Councilman Baughman gave the invocation and led the Pledge of Allegiance. WARNER AMEX Mayor opened the public hearing on Warner Amex Request for Commercial TV CABLE Rate increase. Mr. Peden said they wished to standardize commercial PUBLIC HEARl NG accounts within the City of Fort Walton Beach. He said after analyzing their commercial accounts and had over the past 4 months contacted all their commercial customers to discuss service and I establish the customers contact person they could work with to attempt to identify any problems and to see if they could assist them. The study resulted in the fact that rates being charged the commercial facilities varied and they wished to standardize and that those customers were receiving the same services as residential subscribers. They had discussed charging them on a declining discount rate and had notified those commercial customers that this amount was to equ~ lize and there was no discrimination in the rates. Mr. Baughman asked if these commercial rates would be more than the residential rates and Mr. Peden said they would not. Mr. Grant said probably something like this should have been done quite a while ago in order to make this a little more equitable; he said aside from that he felt they needed as a group with Warner Cable to have a long serious talk about the future of cable tele- vision in this area, feeling that was overdue. Barbara Bennett of the Playground Motel said if it were granted their rates would double and they had already doubled in 1981. She felt they did not get service from the Cable Co. that they were told their problems were their fault. Mr. Peden said in 1980 former management there had been an attempt to raise the commercial rates and there were adjustments - some increases and some decreases. He indicated that was implemented by former management and not brought before the Council. The City Manager noted that at the last meeting he had been requested, I to get in touch with several consultants and then discuss them with Mr. Peden. He said he had not had the opportunity to discuss the matter with Mr. Peden but he had gotten a response from two consultants and said he didn' t know whether Council wanted to have them look at the rates or quality of service; saying Council might want to clarify that matter, exactly what they wanted him to do. f1ayor indicated they would take a look at it later but not in context with this rate in commercial accounts. Mr. Baughman said since this adjustment of commercial rates, the equalization of them, would help Council to possibly take some of the pressure off of residential rates, he moved to allow them to equalize those rates. Motion seconded  V~' ~~""'. 1- 25- 83 1 ') ( I Lt. U WARNER AMEX, CONTI NUE D by Mr. Miller and carried unanimously. Mr. Peden reported that the microwave project should be com- pleted between the 15th and 30th of March. MINUTES Minutes for the regular Council meeting of January 11, 1983, were unanimously approved on motion by Mr. Grant, seconded by Mr. Bishop. METRIC REQUEST Mayor presented a request from Metric Systems Corporation to purchase or option to purchase 2 lots on the east side of Blake Ave. and the adjoining lot on the south of Lovejoy Road ( 7. 8 acres) in the City' s Industrial Park. Mr. Grant moved that this be referred to the Industrial Committee for study and recommenda- tion. Motion seconded by Mr. Baughman and carried unanimously. ANTI - NUDITY Mr. Grant moved that the order of the day be set aside so that ORDINANCE Item llB ( Anti- nutidy ordinance clarification) could be CLARI FI CATI ON brought to the floor. Motion seconded by Mr. Baughman and carried unanimously. Mr. Bishop said he was not proposing any changes in the ordinance just clarification for some people who had asked him questions that he could not answer. He asked the Attorney if this applied to a restaurant serving food that has a bar, and could their customers be arrested - if they were dressed according to the way the Police had asked at a couple of bars that the waitresses put on some extra clothing. The Attorney said in his opinion the best answer to the question was no, for the reason that he interrupted to say he had chosen not to discuss the matter with the press) basically interpretations in the area are extremely difficult and in his opinion most any interpretation that could be made would have to be made as carefully as the ordinance is already drafted. He said the ordinance was extremely graphic, extremely plain. He said he had discussed at length with the Police Chief and he was satisfied that the ordinance should not be enforced in a restaurant for several reasons: first that he did not believe that the intent of the ordinance was to enforce in such an institution saying in the beginning of the ordinance the purpose stated " whereas there are certain establishments in the City of Fort Walton Beach which offer and publicly advertise one or more of the acts prohibited by this ordinance" and he believed that language said the ordinance did address those institutions that offer and publicly advertise the exploitation of the acts that were prohibited- the commercial exploitation for the purpose of selling drinks. He did not think where a patron appeared in any restaurant in town, that the patron was subject to arrest under Ordinance 740. He said that did not mean there were not other avenues in Fla. Statutes which might permit the arrest of a person, mentioning Ch. 847 Fla. Statutes and in other ordinances of the City of Fort Walton Beach if the act is deemed to be obscene and under the definitions in those statutes it was possible that an arrest would be made; but in his opinion it would not be made under Ordinance 740. Mr. Bishop said then basically it would apply specifically to those places in which they perform certain sexual acts. The Attorney said if a restaurant were using topless waitresses for the purpose of promoting sales then he felt it would apply, but if that occurred by a patron, not permitted or encouraged by. the owner, then he thought it would not apply. Mr. B1Shop sald I Me;- ~.~ ii-"'~ L-"______~__ wt~-! ' 1.,'" '_ f" II'Jrf-" 1tftri-'" ~,--; t,. .'  1- 25- 83 221 ANTI- NUDITY then we going to have selected enforcement of the were CONTINUED ordinance. The Attorney said that was true. ttwould apply to those places that sell alcoholic beverages and use the acts prohibited in the ordinance for the purpose of making those sales. Mr. Baughman asked if an arrest had been made in a restaurant the night before. The Attorney said he did not know the circumstances of that. Several of Council indicated they did not know. Mr. Bishop said he heard it was at Victors and Brannigans and he wondered because they didn' t seem to be topless places. The Mayor noted they were there for clarification only and she would like to see Council I stand behind the decision they made. TED RAMSEY Mr. Ramsey spoke to the selectivity and disagreed because the ordinance was written, it prohibited cleavage, etc. mentioned that it could be in a restaurant or bar waitresses could be dressed in a