Fort Walton Beach Council minutes — 07-24-1990 Regular — reading text

95 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA JULY 24, 1990 INTRODUCTION A regular meeting City Council of Fort Walton of the Beach, Florida. was Tuesday. July 24. 1990. at held on the Council Chambers at City Hall, with I 7 : 00 p. m., in the following members present: Mayor William J. Roberts, III Councilmen: J. C. " Buck" Smith Sidney Rosenbaum David deVaux James Wyatt C. Thomas Maney Cissy Wyninegar Also Present: Chuck Keeler. City Manager; Helen Spencer, City Clerk; Jerry Miller, City At torney; Charlie Evans. Director of Finance; Department Heads; Media The Mayor called the meeting to order and welcomed everyone. requested anyone from the public who He wished to address Council to approach the podium after being recognized by the Chair, then state their name and address for the record. INVOCATION & PLEDGE Mayor Roberts gave the invocation and led in the Pledge of Allegiance. JIM KITCHENS Jim Kitchens. 195 Brooks Street. stated he was unable to complete his research on the City Charter and respectfully declined to address Council at this time. WASTEWATER TREATMENT The Mayor stated. if there was no objection, the PLANT Preliminary Report on Wastewater Treatment Plant item under the City Manager would be moved up next on the agenda. COUNCIL VACANCY Mr. Rosenbaum, noted the agenda package contained the Council vacancy item, along with a cover letter. He said he spent a lot of time with attorneys, contacted the Attorney General and the Ethics Commission. and he I has of an cover come committing to illegal illegal act. He letter an the conclusion and reviewed his act, then Council and he directed is does on not specific objections. the want any part attention to the edge of 96 7/ 24/ 90 COUNCIL VACANCY ( CONT.) Mr. Rosenbaum moved that viva voce vote. to pursuant Robert' s Rules of Order. be adhered to. which includes the candidates voted on are in the order of nomination and the four votes win and there be no votes on remaining candidates; and that Council adhere strictly to Robert' s Rules of Order which will require Council, in all cases, to vote either or no on each yes candidate. Motion was seconded by Mr. Maney. Mr. Maney said he has studied the is sue, has read Robert' s Rules of Order. and he could not find some of the things referenced in the Mayor' s letter He said it bothered him Council will follow Robert' s Rules of Order and. when looking the references given. up not being able to find the procedure that was identified. He then asked the City Attorney what options there are in the event this procedure is illegal. The City Attorney stated the procedure that is legal is the procedure Council adopts. Council is free to establish any procedure; Council charged the Mayor to return with a suggested procedure, which he has done. Mr. Maney stated the Code specifically says Council shall follow Robert' s Rules of Order, and wished to know how Council can adopt anything when the Ordinance says Council will follow Robert' s Rules of Order. The City Attorney said Council is free to adopt under Robert' s Rules of Order any variation of rules. the rules outline a number of varieties of methods. Mr. Maney then asked the City Attorney if it was his judgement this is not illegal. The City Attorney said it is not illegal if Council adopts it as their procedure. Mr. Rosenbaum was requested to repeat the motion. Mr. Rosenbaum said the motion is really two motions. that Council fill the Council vacancy on a vote of viva voce, per Robert' s Rules. which include voting on the candidates in the order of nomination. He then read from Robert' s Rules of Order, page 371. the viva voce method of election. During discussion on the order of nominations, Mr.