Fort Walton Beach Council minutes — 08-13-1974 Regular — reading text

City Manager keeping the Council informed? Mayor stated that Coun- cil had unanimously voted to table the matter concerning the generators several months back. Until Council votes to take the matter off the table, it cannot be discussed. Mr. Palmer stated that the .] matter would be discussed on the streets until it was settled. They are trying to resolve the matter. ~! Mr. Van Buskirk asked City Manager if the generators are on City property at the present time, at which time Mayor called him out of order.  229 Mr. stated that he would like the Palmer City Attorney to rule on this matter in view of the fact that it was tabled. He said to forget generators as a specific matter and discuss any matter which is tabled. He asked if any tabled matter which is tampered with in any way without the vote of four Council members, does I this not violate what Council has done in tabling the issue? Mr. on Hill asked if some property is then City property, who has the authority to move it before Council gives consent to move ~ he property? City Attorney replied that the matter of generators had been tabled and he did not want to be called out of order by the Mayor for discussing the issue. But he could ans- wer the question in a broad sense. The City Manager is in control of having property moved off of City property. Mayor recognized Mrs. Norviel who asked to state point a of information. She stated that Council met as a Committee- as- a- Whole on MOnday afternoon. According to Robert' s Rules of Order, Council could have discussed the matter at the Monday meeting, but until Council has a majority vote they cannot discuss the matter at the Council meeting. Mayor stated that Mrs. Norviel' s point was well taken. He stated again that the matter is tabled and there' will be no further discussion of the matter. Mr. Buskirk stated that he did not Van want disuass the matter but rather he to wanted to discuss the charter. He asked City Attorney if it is not in violation of the City Charter to move property without consent from Council. City Attor- ney stated he felt he could not answer the question without discussing a tabled item. Mr. Van Buskirk stated that the I City ChaTter says that the City Manager will only act with the consent of the mem- bers of Council. City Attorney stated that City Manager acts every day without the consent of Council. Mr. Van Buskirk asked City Attorney if it was not neces- sary for City Manager to consult Council before acting. City Attorney said: " In r-'-~'-"''"-''''-~'-'-''''---'''--"-~ 230 ordinary, a , ffairs of the City, no." Mr. Van Buskirk stated that it is not every day that a matter such as this comes up. Mayor stated again that Council had elected to operate under Robert' s Rules of Order, and so long as he is Mayor, they will operate under these rules. Mr. Van Buskirk moved that City Attorney study the matter regarding the authority of the City Manager and where his author- ity stops and begins regarding transac- tions on anything without consent of Coun- J cil. Motion was seconded by Mr. Hill. Mr. Rigdon stated that he feels that he knows City Manager' s authority and he would have to vote against what was just brought up. He feels that City Manager has the authority to do certain things without consent of Council. He stated that he feels the issue should be dropped. The following votes were cast regarding Mr. Van Buskirk' s motion: Baughman, no; Brock, no; Schweizer, no; Hill, yes; Van Buskirk, yes; Rigdon, no; Palmer, yes. Motion failed. REQUEST FOR STATE AUDIT Mayor called for of new business. items Mr. Palmer moved that whoever is to be contacted for state audit be contacted as soon as possible for a complete auiit of the City of Fort Walton Beach. As far as he knows, City has not had one in fifteen years. He would like to see a headline s. ying " Clean Slate for City of Fort Walton Beach." Motion was seconded by Mr. Van Buskirk. Mayor asked for discussion, at which time Mr. Baughman stated that he did not like the idea of making a snap decision concerning this matter. He would like to have the matter tabled for two weeks only so Councilmen will have a chance to study the matter. He moved that the matter be tabled for two weeks only. Motion was seconded by Mr. Van Buskirk and carried unanimously. LETTER OF APPRECIATION Mayor presented a letter to City Manager from Stage Crafters Community Theatre expressing their appreciation to City Hall and to the Recreation Department for arran$ ing their use of the Fort Walton Beach Civ~c Auditorium during June.  231 They also expressed appreciation to Mr. Ernie Pyle for his help and support during their production. REQUEST TO BORROW PORTABLE Mayor presented request from DeFuniak BLEACHERS Fi~e Department to borrow portable blea- chers. City Manager stated that the I request carne through the Public Infor- mation office at Eglin. They could not support DeFuniak' s request. The Fort Walton Beach recreation depa.rtment has three p"" table bleachers which they could make available to DeFuniak Fire Department. Mr. Van ' Buskirk moved that Council grant the request. Motion was seconded by Mr. Baughman and carried unanimously. FIRST NATIONAL BANK: REQUEST City Manager presented request from First FOR RELIEF FROM TAPPING FEES National Bank for relief from requirement for eight water and sewer taps for drive- in windows. He stated that the contrac- tor had been in the office with the plan and explained that they would build drive- in windows on eight lots east of the existing bank. They will only have one bat~ room, therefore, they are asking for relief from the requirement except for ,one water tap and one sewer tap. r. Schweizer moved that reqUest be ap- proved. Motion was seconded by Mr. Brock 1 \ .' ~ "," J~ and carried unanimously. FERRY PARK RECREATION Mayor recognized Mrs. Norviel who stated CENTER that she had just read in the newspaper that Council had named the Ferry Park Recreation Center for Docie Bass. She would like to commend Council on an