Fort Walton Beach Council minutes — 01-22-1997 Special — reading text

MINUTES OF THE SPECIAL COUNCIL MEETING 109 OF THE CITY OF FORT WALTON BEACH. FLORIDA JANUARY 22. 1997 INTRODUCTION The December 17, 1996 Special Meeting of the City Council of Fort Walton Beach, Florida, was reconvened on Wednesday, January 15, 1997 at 5: 30 p. m. and on Tuesday, January 22, 1997, at 4: 00 p. m. in the Council Chambers at City Hall, with the following members present: Councilmen: Clay Carnathan I Bob Campbe 11 James Watson Chris Gibson Dean Covey Jim Murtha, Mayor Pro Tem Cissy Wyninegar Absent: Mayor Larry Trenary Also Present: Reid Silverboard, City Manager; Helen Spencer, City Clerk; Jerry Miller, City Attorney; Media CALL TO ORDER The Mayor Pro Tem reconvened the meeti ng from Wednesday. January 15, 1997. The Mayor Pro Tem stated he needed an understanding on some items that have arisen. First of all. he reported the Mayor will no longer be presiding over the meetings. That will be the responsibility of the Mayor Pro Tem. Secondly, it wasrevealed that one of the councilmembers suffers from ALS. and the Mayor Pro Tem was seeking an agreement among the parties as to what should be done if the councilmember is unable to continue at the meeting, whether the meeting should be called to an end for that session, or if the councilmember has to leave, whether he will no longer be consi dered a voti ng member. The City Attorney stated if the councilmember is not present for a portion of the session, it is his guidance that the councilmember not further participate. However, with the concurrence of the parties involved and recorded tapes that can be listened to to fi 11 the i nformati on gap of not bei ng present, the Ci ty Attorney deferred to the represented part; es to have them guide as to what they believe will be acceptable and permissible. Mr. Lorenz stated that from the viewpoint of the Staff. he has no problems with timeouts being taken or the counci 1 member revi ewi ng the tapes of the pub 1 i c proceedi ngs. Mr. Theri aque had no objecti ons as to how I Council wants to proceed; however, to assure the record all parties would have to agree to the decision of Council. RECESS The meeting recessed at 4: 05 p. m. RECONVENE The meeting reconvened at 4: 10 p. m.  1- 22- 97 11 0 DOLPHIN BAY Mr. Dewre 11 stated the issue has been di scussed wi th hi s CONT) client. They do not want to eliminate or inhibit the councilmember' s participation in the proceedings. They are however. concerned with the option of listening to the tapes, as it may take away the council member ' s abil ity to observe the witnesses and their demeanor, thus effecting perception of testimony. They do not feel this is a viable alternative. Mr. Dewrell further stated they do not have a problem with taking relatively short breaks; however, they would object to a delay of a day or more, since time is of the essence. As an instruction of law, The City Attorney requested not to take this exercise by the applicant to their disadvantage in anyway. He recommended that Council conduct themselves as they normally do. they are in If charge of the agenda. Council feels it is necessa ry for the sess i on to termi nate for the day or night. they have the authority to recess and reconvene at the next appointed hour. The Mayor Pro Tem stated he and the councilmember have discussed the situation. and the Mayor Pro Tem will be advised if the councilmember is feeling tired. The Mayor Pro Tem stated they wi 11 press on, and a 15- mi nute recess will be taken at 6: 30. reconvene at 6: 45 and continue until 9: 00 p. m. Mr. Lorenzreported that Susanne Sims is not present due to illness, presentation of the case is scheduled to and their begi n toni ght. Mr. Lorenz wi 11 present thei r wi tness Gail Easley in place of Ms. Sims. If Mr. Lorenz finishes with Ms. Easley and there is time left over in the session, he will have to choice but to ask for a recess until the following day. Mr. Dewrell stated if that happened he could begin his rebuttal in the time left and take Ms. Sims testimony out of order upon her return. The Ci ty a 11 wi tnesses who have been Attorney stated that sworn still under oath. and if any witnesses are called are who have not been sworn in to bring it to his attention. The City Attorney stated Mr. Howard Landers is on the stand subject to cross- examination by Mr. Theriaque. who questioned Mr. Landers extensively on the issues of compatibility on various projects. Mr. Dewrell objected to thi s 1 i ne of questi oni ng, stati ng other projects have no relevance in this case. Mr. Theriaque explained his objective was to inquire into the past testimony of Mr. Landers on compat i bil i ty issues. The Ci ty Attorney recommended that Counci 1 sustai n the objecti on. Upon further questioning, Mr. Dewrell objected to Mr. Theriaque' s opi ni ons regardi ng Mr. Landers' 1 ack of knowl edge whether the court agreed or disagreed on compatibility analysis of pri or projects. Mr. Theri aque presented a cert i fi ed copy purchased from the Shalimar Courthouse, which was the final order in the Save Crystal Beach decision. recorded in Book 1924. page 1298. Mr. Dewre11 objected to the presentation of the final order based on the fact it has no relevancy in th1.s~~€ .  1- 22- 97 111 DOLPHIN BAY Mr. Theri aque stated thi s is a deci s ion Mr. Landers stated CONT) he has not read. and it states speci fi c fi ndi ngs that the court disagrees with Mr. Landers conclusions. Mr. Theriaque stated since Mr. Landers does not reca 11 havi ng read the decision, he has no way to address it other than to present the decision itself. Mr. Dewrell reiterated his standing objection and moved it be stricken on the grounds previously stated. The City Attorney stated he has some problems with the relevancy of the perspective of the prior case, and his I recommendation to Council was not to admit the document into the record. Mr. Theriaque stated it goes to the credibility of the wi tness to make a compat i bil i ty determi nat ion. that it is a public record recorded in Okaloosa County. Council can take judi ci a 1 noti ce of the pub 1 i c record. and The City Attorney explained the objection was well taken, that a di fference of opi ni on exi sted among parti es about whether evidence should be considered. and he does not think there is an appropriate foundation and factual information regarding the facts of another case that would justify admitt i ng the document into the record. For i dent i fi cat ion purposes. the Ci ty Attorney marked the document Exhi bi t 20 and called upon Council to make a motion to admit or not admit the document into the record. Mr. Carnathan moved that the document marked Exhibit 20. the certified copy of the final order in the Save Crystal Beach deci s ion. recorded in Book 1924. page 1298 purchased frOOl the Shalimar Courthouse by Mr. TheriaQue. not be a<init ed into the record. Mot i on was seconded by Mr. Carnpbe 11 and ca rri ed by a vote of 4 to 1 wi th Ca rnathan . Campbe 11 . Murtha. and Wyni negar in favor and Watson opposed ( Gi bson and Covey abstained). The City Attorney reiterated the document is marked Exhibit 20 for identification purposes. With the use of a City map, discussion ensued regarding the exact boundaries of the Elliot' s Point neighborhood. the exact location of the proposed Dolphin Bay project. the CRA boundaries. and the ownership of various apartment complexes in the a rea. Mr. Dewre 11 obj ected to Mr. Theri aque' s 1 i ne of questioning regarding an apartment complex in the Dewrell family since 1948. Questioning of Mr. Landers was completed. Mr. Lorenz began his questioning of Ms. Gail Easley, who was I sworn in by the Ci ty Attorney. Ms. Eas 1 ey rei terated that her business address is PO Box 1436. Crystal River. Flori da. She bri efly di scussed the nature of her profession. educational