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

amendment is to award the sale of this property pursuant to the request proposal as advertised, to Mr. Stone for for 25, 077. for the Lovej oy Road property and $ 21, 285. for the Ready Avenue property. Jim Kitchens, 195 Brooks Street, asked how the lowest bid could be accepted; the bid should be awarded to the highest bidder.  229 4- 10/ 11- 90 INDU STRIAL PARK ( CONT . ) Discussion was then held on the request for proposal and the bid; the City Manager read the bid. Doug Reed, 842 Santa Rosa Court, stated that in the past the City has required applications to ascertain what is going in the Park and at present, it is not known what will be built. I Mr. Maney stated he was withdrawing his second to the motion after hearing the City Manager read the bid portion requiring that PASARDA be in the Industrial Park. He said he fundamentally objected to having non- industrial facilities in the Industrial Park and he will vote against it. Mr. deVaux stated he would second the motion. He then asked the City Attorney for clarification on the bid process; the City Attorney said this is a competitive bid process. In answer to a question if both companies submitted an application prior to the bid. the City Manager stated an application was submitted by Aero Tech. Mr. Stone submitted an application with his bid but not prior to the property being advertised for bid. Mr. deVaux stated he was opposed to the concept of protecting a sole bidder without allowing other companies the opportunity to bid; therefore, he was leaving the meeting. Mr. deVaux left the meeting at 8: 35 p. m. Ryan Fisher, 217 Oak Street, said he looked at the proposals and was under the impression it was an open bid and anyone was welcome to bid as long as the advertised criteria was met. He asked the City Attorney for clarification reference his advice to Council in the past regarding protective custcm or bid and the possibility of circumventing competitive bidding. RECESS The meeting recessed at 8: 37 p. m. CALL TO ORDER The meeting was called to order at 8: 45 p. m. with all Council members present. I 5- 8- 90 Mr. the deVaux sentence requested indicating Mr. motion. The motion. deVaux Mayor withdrew asked The motion died for his a second second for lack to to of a Mr. Mr. second. Roseooaum' s Rosenbaum' s the time he left the Mr. deVaux left the meeting at 8: 47 p. m. be moved and Mr. Smith moved that all bids be rejected. Motion was meeting inserted between seconded by Mr. Merriwether. The Mayor asked" and " Mr. Smith moved" Mr.-1! e-~-~ r- t- fte-me-e~- t--- t- 47-""""P" t:--& a- rlItr 230 4- 10/ 11- 90 INDU STRIAL PARK ( CONT . ) Mr. Stone stated he would like to address a point of order with the City Attorney as he is not certain the motion torej ect all bids is in order. The City Attorney stated it was his opinion that the motion was inappropriate. He said he felt Council should ask to reconsider the prior vote; a final action was taken at the last meeting and the City Manager has requested clarification on that final action. If Council wishes to set aside that prior action, the motion should be to reconsider that vote. Mr. Smith moved to reconsider the prior vote. Motion was seconded by Mr. Merriwether. Reference the point of order, Mr. Rosenbaum stated he disagreed with the City Attorney as he felt a motion to reconsider must be readdressed at the same meeting which is why his motion to amend was worded in the manner it was. After reviewing Roberts Rules of Order, the City Attorney instructed Mr. Smith his motion should be to rescind. Mr. Smith moved to rescind. Motion was seconded by Mr. Merriwether. In response to a question if the motion awarding the bid to Mr. Stone was consistent light of and legal in the wording the request for bid, the City of Attorney responded that he felt the issues raised by Aero Tech' s attorney were justiciable and the possibility existed that a court would see the motion at the prior meeting to be faulty and felt it could lead to litigation. He also felt both sides of the issue