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07-25-1983 - Special u ~ CITY OF EDGEWATER SPECIAL COUNCIL MEETING July 25, 1983 9:00 A.M. Mayor David Ledbetter called the special Council meeting to order at 9:00 A.M. in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer City Attorney Jose'Alvarez City Clerk Connie Kinsey Police Chief Earl Baugh Present Present Present Present Excused Present Present Present Mayor Ledbetter read the meeting notice: The purpose of this meeting is to reject all bids on the tractor and to authorize the City Attorney to take depositions from Public Works Superintendent, City Mechanic, other individual mechanics and the bidders, if he deems it necessary. Councilman Asting questioned why the time of this meeting was changed from 10:00 to 9:00 when the Council agreed on 10:00? Mayor Ledbetter stated that 9:00 was as satisfactory as 10:00. Councilman Asting continued with a statement that during the last two meetings it seems blame is trying to be placed on members of the Public Works department because they recommended the purchase of an American tractor over a Japanese tractor, which was a low bid item; however cogent reasons were given why we should not buy it. Namely, parts might be hard to corne by in the event of a breakdown and that we do not have the necessary tools to perform major repairs if a breakdown should occur during usage. He reconstructed in detail the events leading up to this point. He added that he sees no reason for implying that Mr. Copeland is responsible for the opening of the bids. The City Clerk received them, opened them and read off the bids to those present. Mr. Copeland was asked by the City Clerk to make a recommendation to the City Council; he did so, stating his concern regarding the availability of parts. If the Council does not agree with his recommendation, all we have to do is reject it. We should not hold him responsible for Council indecision or pressure him to change an opinion honestly made. Councilman Asting went into further explanation about particular specifications not being met by the Japanese tractor. He believes the Ford tractor should have been investigated and compared, which would have been a much fairer approach than the discussion we have been listening to. Adding, that we have already had four resignations since this Council took office and possibly a sixth, he stated that asking for depositions from City employees is a witch hunt and constitutes harassment. It also makes the employees look suspect in the public eye. He moved that this not be allowed to happen; that depositions not be taken. Mayor Ledbetter asked for a second on the motion. There being no second, the motion DIED. Q ~ Councilman Wargo stated that he is not one to push the responsibilities of Council, or blame anybody but Council. It came up at the workshop meeting that we were remiss in our duties by not having the bids opened by Council. He made a motion that we-reject all bids and go through the proper procedures the way we are supposed to, being seconded by Councilwoman Bennington for discussion. Councilwoman Bennington spoke that Mr. Asting is a little hasty claiming a witch hunt. She added that after the attorney advised us not to waive the low bid, she asked some questions, which obviously caused a stir. The most logical thing to do is reject all the bids and start over. Mr. Copeland is in no way responsible for the ad or how the bids were opened; however the City Clerk Mrs. Blazi is not here to defend herself; it is unfair to blame this on her. It was her responsibility to certify the reasons why we should waive low bid, but she had to depend on the department head, whoever that is, to give her valid reasons why. Upon roll call vote on the motion to reject the bids, the motion CARRIED 4-0, Councilman Asting stating that he sees no reason for rejecting these bids since it has definitely been proven that the Japanese tractor did not meet the specifications, however he did vote yes. Councilwoman Bennington made a motion to authorize the City Attorney to take a deposition from the Public Works Superintendent, City mechanic any other individual mechanics and the bidders, because there have been questions raised here and they need some answers. Mayor Ledbetter asked for a second on the motion. There being no second, the motion DIED. Councilman Wargo stated in the event evidence is submitted that there was some wrong doing, then he will be glad to motion that depositions be taken. Mayor Ledbetter asked the attorney's advice on the second item on the agenda. Attorney Alvarez stated that obviously advice is mute since the motion did not carry. Councilwoman Bennington stated that hours and days have been spent on this. Every time she raised a question she got an evasive answer; her motions have consistently been defeated and she is convinced that the evidence backs her up that Monday night we were not given sufficient valid reasons to waive the low bid. We did so against the advice of the attorney and she feels this puts us in jeopardy. She added that she understands portions of the tape from the meeting are blank and there appears to be too many blanks behind all this. If the Council does not want to take full responsibility to find out what is going on, she is going to present all the facts to the press. She again called for the Council to insist on a full investigation to get to the bottom of this, stating she is only trying to give the City of Edgewater a clean bill of health and the good government that the citizens want. Councilman Asting said Mrs. Bennington is implying there is wrong doing in a section of the City government. He wanted to know if she has any proof of this? Councilwoman Bennington stated she is implying there is a possibility and she would like the Council to take the initiative to check it out. Mayor Ledbetter stated that as long as we can't reach an agreement on this, there is nothing more on the agenda. He entertained a motion to adjourn. -2- Special Council Meeting July 25, 1983 u ~ Members of the audience asked to speak to the Couricil. Mr. Robert Christy was given the floor. He asked the City Attorney the definition of a "deposition". At this time, Councilman Wargo and Councilwoman Bennington both called point of order. Councilman Wargo stated that Mr. Christy certainly has his freedom of speech but he does not have the right to interrogate anyone here. Mayor Ledbetter informed Mr. Christy of his right to make a statement, however he does not feel he has a right to interrogate anyone. Mr. Christy stated one point is made clear due to the fact that he did not get an answer to his question. He added he also has done some research in regard to these tractors and the Japanese tractor does not meet the specifications. At this point there was a conversation regarding the recent resigna- tions of City employees, and Councilman Wargo again called point of order. Councilwoman Bennington informed that she is not pointing a finger at anyone. The reasons stated for waiving the low bid were the occasional unavailability of parts for the Japanese tractor, our equipment was not compatible with it, and we don't have the metric tools with which to work on it. She asked why these reasons were given when other mechanics gave her other answers. The owner of Volusia Ford Tractor Company, Deland spoke to the Council apologizing for missing the Friday meeting, and reminding the Council that he did leave a message for them that the Mitsubishi did not meet specifications. He added that in no way is there any "hanky panky" going on with him and anyone regarding this tractor deal and he resented the implications to that effect. He said that if Council does not accept his bid on the right terms, he will go to court. He has met the specs, has done everything legally; he just wants the City to do this right and fair. He submitted to Mayor Ledbetter an information sheet for Ford Tractor operations. He asked that a comparison be made on the Mitsb~-' bishi and the Ford tractors. Councilman Wargo pointed out that his motion was based on failure of Council to follow the proper bid procedures as listed by the Charter; he is not arguing about one tractor or the other. He wants the Council to do what they are supposed to do; we are going to go through the bid procedures as we should. A representative from Zahn Equipment Company, the Mitsubishi Tractor distributors for Florida and South Georgia cleared up some of the specification details and explained the stocking procedure for parts on these tractors. He feels there is availability of parts. He could not answer Mayor Ledbetter's question regarding a tractor that the County has had out of commission for several months due to parts not being available. He answered a question from Councilman Asting regarding parts being available to parts suppliers; stating that the only parts available from parts houses, the same as with the Ford or the John Deere, would be filters and fan belts; other than through authorized tractor dealers. Councilwoman Bennington asked the attorney if it would be legal for her to change her vote of Monday night to reflect a no in regard to waiving the low bid. She added that she feels we have too many questions, and she does not want to be held liable for action that this Council took erroneously. -3- Special Council Meeting July 25, 1983 /. . o o Attorney Alvarez answered the clerk could be requested to have the records reflect the change. Councilman Wargo stated the only way a vote can be changed is to reconsider the previous motion. Attorney Alvarez informed the Council the motion that was made Monday night carried unanimously. The motion this morning is to reject the bids; if you wish to clarify, this also rejects or brings back the reconsideration of the prior motion. By implication, you have rejected Monday night's motion; this: is a matter of clarifying the record. Councilman Asting asked Councilwoman Bennington how she intends to conduct the investigation she mentioned earlier. Councilwoman Bennington answered there was no second to her motion, apparently the Council does not want an investigation. She again stressed she is in no way, shape or form trying to cast doubt on anyone of our employees, she just has questions in her mind based on the information and the people she has talked to about the reasons stated by our Public Works Superintendent in the memo dated July 19,1983. Councilman Asting asked again why she did not contact Volusia Ford Tractor Company and make a comparison between the two tractors. Councilwoman Bennington informed that she went to independent mechanics also, not just to the one representative. Mr. John Siburn was given the floor; he remarked that we should stick up for America and purchase American made goods. Councilwoman Bennington questioned Mr. Hester, of Volusia Ford Tractor, where Ford tractors are made? Mr. Hester stated the tractors are built in Michigan. Some components are brought in from other countries, but the tractors this size are built here. Councilman Wargo, in answer to Mr. Siburn's comment, stated he agrees with him; however, we can not reject a bid on that basis. Mayor Ledbetter stated that he also agrees with Mr. Siburn's feelings. Councilman Asting made a motion to adjourn, being seconded by Council- man Wargo. Meeting adjourned, 9:40 A.M. Minutes submitted by: Debbie Sigler cr:RJf~ ~- ~- 771~~'1:f15}{/~nJ C COUN I~MAN- -;;:z NE ONE , .~- e-vd OMAN - ZONE T~O t7 7/[~;p~') ~'4 7f~ COUNCILMAN1 -~NE THREE/ /. ~ ~cf75~L-- Ab~ COUNCIL N - 'ZpNE FOUR ,1983. -4- Special Council Meeting July 25, 1983