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

He said he withdraws the statements and requested everyone to disregard those statements. Mr. deVaux asked for clarification on the motion and if it would take maj ority a be approved. for it to The City Attorney explained the motion was pending and there was notice this would be before Council this evening. He further stated Council continuing is in a session and suggested the appropriate ruling would be a 2/ 3 vote is required. Mrs. Wyninegar wished to know if the transaction with Mr. Stone would give title PASARDA to in the Industrial Park. The City Attorney answered in the affirmative. Bill Stone wished to know if any specificthere were objections to his bid property. The City for the Attorney interj ected to inform Council they are not compelled to respond. Mr. Merriwether expressed his difficulty to understand the situation. Mr. Stone explained his reasons for purchasing the property and his plans for the use of the property; and remarked he would like to hear what Aero Tech intends to do with the property. Jerry Melvin, representative of Aero Tech, explained the operation of their company and the purpose for the use of the property and their future plans of expansion.  237 4- 10/ 11- 90 INDU STRIAL PARK ( CONT . ) Mr. suggested Council already voted to award the Stone bid, now are discussing rescinding the bid; he they understood the reason they are here to rescind the bid was based upon Aero Tech' s attorney' s position that the motion awarding the bid materially altered the bid specifications. He said he has indicated to Council his willingness to perform as the bid was originally let. I Mr. the Merriwether motion original correct. two is weeks motion based ago explained was on the probably not City Attorney remarked the issuance of The the bid contained the proposition of placing PASARDA his reason for City Attorney stating reconsider:ing the in an ownership position in the Industrial Park, the response to the bid had the same effect. This was one of the issues raised in Bruce McDonald' s letter he referred to last night. Bruce McDonald, attorney for Aero Tech, said they do not object to competition on the bid, but they have some legal problems with where Council is right ncw. One is they object to the vote taken on March 27th, which he put in a letter to the Mayor, because they viewed the transcript of the mot ion and think the motion, as approved unanimously by Council, substantially changed the bid specifications, and that cannot be done. He said is it not clear to him whether they have to put this type of sale of real estate out on competitive bid, but his opinion of Florida law is, once it is done you cannot materially alter the specifications once the bids are opened in favor of one bidder or the other, and he thinks that is what happened. He said if Council is going to give the bidders the flexibility to move PASARDA out of the Park, the time to do that is when they announce the specifications and not afterwards, because that will change the dollars of any potential bidder. He then addressed the question of whether PASARDA can legally receive a deed for property in the Industrial PaIk. He said this question was not raised until it was too late, and there is now a situation where that is already a condition of the bid, and whoever gets the bid that deed has to be delivered. The problem is, there is now question a serious is as whether this legal; and if it is not legal, then anyone at anytime I can challenge that deed and probably have standing as a taxpayer; again, this is his opinion. He felt this puts PASARDA in a no- win situation, but he does not represent and speak for PASARDA. He said even if Bill Stone withdrew his bid tonight and Aero Tech was the only bidder left, he would advise his client it is not a safe thing to do, it could hurt PASARDA. He said, in his opinion, the only way Council can get out of this situation, is rescind the vote, reject all to bids, and start over; bid it again with specifications that allow anyone the option of moving PASARDA, if PASARDA agrees, out of the Industrial PaIk. 238 4- 10/ 11- 90 INDU STRIAL PARK ( CON'!' . )Mr. Stone said, in his op~ n~ on, this is the only way to get out of this; he did not think Council could safely and legally comply with or award the bid and anyone can follow the specifications because of the question that is over PASARDA' s head. Mr. deVaux asked if Aero Tech is the one who