Fort Walton Beach Council minutes — 04-10-1990 Regular — reading text

could be justiciable. Mr. Stone stated he responded to a publicly advertised bid and he the general rule is, you respond to a felt bid and if it' s the highest bid, you are awarded the bid if you comply with the terms of the bid request. He said that on March 27, he stated he would comply with the bid request and when the motion was made, he heard objections no anyone. from It is his position to comply with the bid and will do what the bid requires and has tendered the cash to close on both parcels. He has no interest other than to purchase the property as he feels it is a very positive investment. After discussion regarding encroachment, the bid process, and Mr. Stone' s bid, the City Attorney stated the motion on the floor gives anyone the opportunity to correct their vote if they felt they mistakenly voted to award the bid to Mr. Stone. The City requested to research the Attorney was ramifications of walking out of a meeting a Councilman and he stated the Councilmen are under sworn duty to be present and perform.  231 4- 10/ 11- 90 INDU STRIAL PARK ( CONT . ) Mr. Rosenbaum stated the motion to rescind would require a 2/ 3 majority vote. Ryan Fisher, 213 Oak Street, stated the time, efforts, turmoils, and trials of the Councilmen are appreciated by they can take with them the citizens and the reward is they are doing their very best to honestly serve their community. He felt the present decision is one I that each Councilman would have to make by. voting their conscience to the best of their ability and let the chips fall where they may. Further discussion was held on the objections to Mr. Stone' s bid. Question was asked what would happen if, after the property closed, a building was not erected or PASARDA is not relocated. City Attorney The responded. the deed should be prepared to allow a provision for the deed to revert back to the City. Mrs. Wyninegar stated she was aware there was a motion on the floor but she wanted to make a motion to adjourn and schedule meeting from 6: 00 a p. m. to 7: 00 p. m. tomorrow evening on April 11, 1990, to allow Mr. deVaux to be present to vote on the issue since all Council members were involved in the issue. Motion was seconded by Mr. Wyatt. Mr. Maney wished to make a point of order and recalled an article in the newspaper whereby a Council member left a meeting and the Mayor ordered the Chief of Police to retrieve the member and bring him/ her back to the meeting. He wished to knOfl7 if the Mayor had the authority to do the same. The City Attorney asked for a recess to resea1Xh the Charter. RECESS The meeting was recessed at 9: 20 p. m. CALL TO ORDER The meeting was called to order at 9: 33 p. m. The City Attorney reported specific provisions of the Charter, Section 7, states: " It shall have power to compel the attendance of absent members, may punish its members for disorderly behavior, and, by vote of not less than six ( 6) members, may expel a member for I disorderly conduct or the violation of its rules, but no member shall be expelled unless notified of the charges against him and given an opportunity be to heard in his own defense." It was his opinion that if Council decided to discipline or expel a member, it would be necessary to give him instruction in order to issue the intention and to provide an opportunity to respond. He felt the motion to adjourn would afford the chance for Council' s sentiment to be communicated to the missing member and would provide an opportunity to review the general law that evolved since this Charter was written in 1941. 232 4- 10/ 11- 90 INDU STRIAL PARK ( CONT . ) The Mayor called for the vote on the motion to adjourn until Wednesday evening, April 11, 1990 from 6: 00 p. m. to 7 : 00 p. m., to allow Mr. deVaux to be present to vote on this issue, and it carried by a vote of 4 to 2, with Rosenbaum, Wyatt, Maney, and Wyninegar in favor, and Smith and Merriwether opposed ( deVaux absent). ADJOUR1I1ENT The meeting adjourned at 9: 38 p. m. RECONVENE The regular Council meeting of April 10, 1990 reconvened Wednesday, April on 11, 1990, at 6: 00 p. m. with the following members present: Mayor William J. Roberts, III Councilmen: J. C. " Buck" Smith Sidney Rosenbaum David deVaux James Wyatt C. Thomas Maney Charles Merriwether Cissy Wyninegar Also Present: Chuck Keeler, City Manager; Helen Spencer, City Clerk; Jerry Miller. City Attorney; Charlie Evans, Director of Finance; Department Heads;