07-22-1983 - Workshop
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CITY COUNCIL OF EDGEWATER
WORKSHOP OF JULY 22, 1983
MINUTES
Mayor David Ledbetter called the Workshop of Council to order at 10:00 AM in the
Community Center.
ROLL CALL
Mayor David Ledbetter
Councilman Melbourne Wargo
Councilwoman Gigi Bennington
Councilman Neil Asting
Councilman Jack Spencer
Present
Present
Present
Present
Excused
City Attorney Jose' Alvarez
City Clerk Connie Kinsey
Police Chief Earl Baugh
Present
Present
Present
The first item on the Workshop agenda was a discussion regarding purchasing procedures.
Mr. Earl Copeland, Superintendent of Public Works, asked to speak to Council regarding
his reason for by-passing the low bid on the diesel tractor. Mayor Ledbetter approved
his request.
City Attorney Alvarez asked to be excused to work on the situation with the new restaurant
on West Park Avenue which is scheduled to open on Monday. Council members felt he should
be at this Workshop.
Mayor Ledbetter reviewed the situation with the restaurant and said he had requested the
City Attorney to handle the matter. He asked Council if they had any objections to dis-
cussing this today. Councilman Wargo stated he's familiar with this and he felt someone
should have been aware ot this while it was being constructed. He felt we should negotiate
something because there is a sizeable investment. Mayor Ledbetter suggested they handle
the original agenda and then discuss this at the end.
Mr. Copeland reviewed the bids and their specifications. He said the others that were
bid stated they meet their specifications but the bid sheet for the Japanese tractor did
not have the statement that it met our specifications. He didn't feel he could make a
recommendation to the Mayor and Council to purchase the tractor since the specifications
were not included on the bid. He asked Mayor Ledbetter's permission to ask the City
Attorney a question and the Mayor approved his request. Mr. Copeland asked City Attorney
Alvarez if he was right or wrong in bypassing the low bid. City Attorney Alvarez replied
that on Monday night Mr. Copeland had stated three reasons why he had recommended to
Council to bypass the low bid, and at that meeting the City Attorney had made the state-
ment that he was not sure if those were sufficient reasons required by the ordinance.
The ordinance requires a full and sufficient statement to be prepared by the purchasing
agent (City Clerk). The City Attorney said the meeting followup brought up questions as
to whether the tractor can or cannot do the work. If the tractor cannot do the work with
the equipment the City has and will cost more money to the taxpayers, then the Council
has the right to waive the bid based on his recommendation. If the equipment will
perform to specifications and is adaptable, there must be some other reason.
Councilman Asting noted that the bid letter from Robinson did not include a statement
that it meets our specifications and the other two bid letters listed the specifications
as being met.
Mr. Copeland said OSHA requires it have a roll bar and he had asked for a canopy due to
weather and their specifications listed it as optional equipment. He had also asked
fora horizontal exhaust system and this tractor had vertical exhaust on it, and he had
asked for diamond type tread tires and this was not mentioned.
Councilwoman Bennington noted they had the specification sheet in the envelope with
the bid letter. Mr. Copeland said it should have been listed on the bid letter. A
discussion followed between Councilwoman Bennington and Mr. Copeland regarding listing
the specifications on the bid letter or on a separate specification sheet.
Mr. Richard Iasimone, City mechanic, stated the specification sheet was given to the
City at the bid opening and was not given to them at the barn.
Mr. Robert Christy, from the audience, called a point of order. He asked if the bids were
opened at a Council meeting in front of the public~ Mayor Ledbetter said no. Mr. Christy
then asked how the bids could be valid. There was a discussion between Mayor Ledbetter
and Mr. Christy regarding the past procedures for opening bids.
Councilwoman Bennington asked the process from the time a department head determines a
piece of equiprnentis,neededand City Clerk Connie Kinsey reviewed this.
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Mr. Copeland questioned why his department is being picked on and why people were
coming to his department to check on his equipment. He then apologized for the question.
Councilman Asting asked if a representative from any of ~he bidders was present. There
was a sales representative from Robinson and a representative from Zahn Equipment, who
distributes the Mitsubishi tractor. Councilman Asting asked why there was not a statement
that listed the Mitsubtshi as meeting specifications as the other two tractors that they
bid had that statement. The representative said if there was an exception to the bid,
he would have listed it separately, and the roll bar, downswept exhaust, and canopy were
figured into this bid. .
Councilwoman Bennington said she had called to see if this was included in the optional
equipment and Mr. Copeland said he has never had to do this in the past.
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Councilman Wargo said he wants to get this straightened out and Councilwoman Bennington
said her concern is that it be done correctly. Councilman Asting asked that the City
Clerk review the process one more time and City Clerk Connie Kinsey reviewed it step by
step. She noted that the ads in the newspaper state the ads will be opened in the office
of the City Clerk at a particular time and bidders and department heads are quite often
present at the bid opening. This opening is witnessed and certified.
Councilwoman Bennington asked Mr. Copeland how he could recommend something to the Council
if he had not seen all the specifications and Mr. Copeland said he reviewed the sheets
on Thursday morning, but had just written down bidders' names and the figures at the
bid opening.
Mayor Ledbetter asked the City Attorney's advice to Council pertaining to this matter and
City Attorney Alvarez advised they reject all bids and comply strictly with the letter
of the ordinance which is enacted to the benefit of the public and when a low bid is
going to be bypassed, have a full and complete statement as to the reasons. He continued
that the Council is responsible for the action it takes to spend taxpayers I money and he
wants them to be legally protected, and there must be substantial reason to waive the low bid.
Councilman Asting stated a complete statement of the reason should be prepared by the
City Clerk and not by the department head and it should be approved by the City Council.
Councilwoman Bennington noted that sometimes the City Clerk does not have the knowledge
of the equipment and has to take into consideration the recommendation of the department
head.
Mr. Richard lasimone asked Mayor Ledbetter's permission to speak to Councilwoman
Bennington and the Mayor approved. Mr. lasimone said he could have answered any of the
questions and nobody else needed to come to check out their equipment. He said the
representatives had given him literature on the Massey Ferguson and Allis-Chalmers but
he didn't know they built Mitsubishi tractors.
The representative of the Mitsubishi said the John Deere 1050 is built in Japan and
the Allis-Chalmers 5050 is built in Japan and the Massey-Ferguson 250 is built in England
and the Ford 2910 is built in England. Councilwoman Bennington noted that none of the
tractors that were bid were built in the United States. The Mitsubishi representative
said the reason he didn't leave the literature at the barn was that he didn't know until
he got it in the mail that it was 38 to 40 hp and he added the Mitsubishi.
Mr. Carmen Montesano, from the audience, stated held been mentioned twice and he asked if
he has the right to go and see what City equipment we have since he's a taxpayer. He
complimented Councilwoman Bennington for having the nerve to get somebody to look at
this equipment.
Councilwoman Bennington stated she didn't care what kind of tractor they buy but she
wants the procedure to be right.
City Attorney Alvarez stated that Monday night the Council took action to waive the low
bid based on the statement submitted to them and at the Special Meeting on Wednesday no
further action was taken. He said Council needs to make a determination if the reason
given to Council was sufficient so that action can be taken, if necessary, when Council
meets again.
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Council Workshop Minutes
July 22, 1983
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Mr. Copeland again asked City Attorney Alvarez if he was right or wrong in bypassing the
low bid. City Attorney Alvarez told him he was wrong and the three reasons he gave the
Council on Monday night were misleading and put the Council in a legal jeopardy position.
Mr. Robert Christy called a point of order and said the ordinance stipulates you do it by
the Council and the bids were not opened by the Council so the whole thing is illegal.
Mr. Copeland recommended that Council throw out all of this and start over. Councilman
Asting, Councilman Wargo, and Councilwoman Bennington agreed to that.
Mayor Ledbetter said they can call a Special Meeting or resolve this at the regular Council
meeting, but we should follow the ordinance on the bid procedure and the bids will be
opened at the Council table. He suggested the City Clerk contact various tractor companies
in the neighboring counties. City Clerk Connie Kinsey said they have come up with eight
in four counties. Mayor Ledbetter suggested adding Marion County Tractor Company in Ocala.
Councilwoman Bennington stated that specifications should be re-written, if necessary.
City Clerk Connie Kinsey said she'd get as complete a list as possible of dealers.
Filter Media Replacement was another item on the Workshop agenda. City Clerk Connie Kinsey
said this was carried over until the bid procedure was established. Mr. Terry Wadsworth,
Superintendent of Utilities, said he will follow the bid procedure to the letter and that
he has nine names on his bid list.
Collective Bargaining - City Attorney Alvarez said City Clerk Connie Kinsey h~s the choice
of discussing it here or in private, as provided in 447.065. City Clerk Connle Kinsey
stated she chose to discuss it in private.
City Attorney Alvarez wanted to give Council information on the restaurant on West Park
Avenue. He said he was advised by the Mayor of a license that was requested to open a
restaurant on Park Avenue. In looking over the application, the building was designed
and plans submitted as a warehouse and then changed to offices and shops. The requirements
for zoning were there because it's a B-3 district. Requirements for parking were not met
because of the number of spaces. The City Clerk decided not to issue the license for those
reasons as well as the license for the food handling business has to be approved by the
City Council. He was informed that food had been purchased and a large amount of equipment,
and ads were placed in the newspaper regarding the opening. He went to the location with
the Mayor and found some difficulties with the flow of traffic besides the parking. He
was contacted by the owner of the property and the operator of the restaurant who wanted
to meet on an interim basis whatever requirements that needed to be met so that they
could open on Monday. He came to the conclusion that if the owner of the building will
remove from the market a sufficient number of units so that the parking that will be used
by those units will then be used by the restaurant, that would be a satisfactory temporary
solution, pending the restaurant finalizing its acquisition of property to the west and
tying that property in with the restaurant. The second item is a dropoff on the east side
of the building that had no warnings posted. He understood that barricades will be erected
if a temporary license is issued before public occupancy. The layout of the parking places
was with the expectation of no heavy traffic since cars can park vertically against the
building and there is parking space parallel to the building which leaves very little
room for maneuvering and negotiating the turn. The parking has to be rearranged. He said
these three items need some action and he understood from the owner of the building and
the operator of the restaurant that they will comply with the requirements and he has
prepared a declaration of restrictions, covenants and agreement. He said the document will
contain in detail what was mentioned and will be legally binding and recordable in the public
records of Volusia County. He said it isn't the ideal situation but would be amiddle point
as to interest and safety for the public and interest of private enterprise, and wouldn't
cause the operator irreparable harm. Councilman Asting asked if there was a change in
the usage of the complex as formerly approved by City authorities. City Attorney Alvarez
said it was re-zoned from B-6 to B-3 and B-3 is a very wide classification and allows
about any kind of business there. The problem is the parking and it changes with the use.
Councilman Asting asked if a special exception is needed and City Attorney Alvarez said in
B-3 a restaurant is provided for. Councilman Asting asked how the parking areas are going
to be designated that they are to be used for restaurant patrons. City Attorney Alvarez
said that will be included in the formal legal document but they will be designated for
restaurant use.
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July 22, 1983
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Councilman Asting asked if any units were sold. Mayor Ledbetter said ~hat wa~ brought to
his attention and the City Clerk's and he understood that the man who lS puttlng the
restaurant in has purchased two units. Councilman Asting said the original permit was
for rentals. Mayor Ledbetter said he felt the entire Council was under the impression that
it was rental units and if they go into selling shops, then it needs to be checked out.
Mr. Fred Vanzin said he has an agreement to sell for two units and he has put a binder fee
on it. Councilman Asting asked if either party could back out of the agreement and Mr.
Vanzin said he has invested $100,000. in it and he wouldn't back out.
Councilman Wargo noted that when he was at the meeting it was presented as 14 stores and
that they were going to be rental stores and he hadn't heard or seen that they would be
sold individually.
City Clerk Connie Kinsey asked Mr. Vanzin how many units they were putting the restaurant
in and Mr. Vanzin said he has it in two and has the option to purchase two.
Mrs.Frank Hall asked if, as the owner of the building, they have the option to buy rather
than rent. City Attorney Alvarez said he couldn't answer that and it needs to be handled
between private attorneys.
Mr. Don Bennington, Chairman of the ,Planning Commission, said that Ray Bradshaw, the
Building Official, told them at a meeting where they discussed zero lot lines that you
couldn't come back and sell these as two units because of fire walls and the bigger the
building becomes, the more the fire wall rating. City Attorney Alvarez said a declaration
of condominiums could be made and then perhaps it could be sold, but he cautioned them to
be sure it can be done before undertaking it.
Councilwoman Bennington asked Mr. Vanzin if they are in the process of buying it and Mr.
Vanzin said they have a signed agreement to purchase the land and $500.00 has passed hands.
City Attorney Alvarez said the official decision at this point was that no license is to be
issued and asked Council if they object to proceeding with the preparation of this document
and the issuance of a temporary contingent license subject to the property being purchased.
Mayor Ledbetter asked how many days would be on the temporary license and what conditions
would be set if he doesn't comply with the document. City Attorney Alvarez said the document
gives them 90 days which should be sufficient time to do whatever needs to be done.
Mr. Larry Westfall, a Police Department Sergeant, stated that barricades have been put up
along the east wall of the property line and if traffic flows clockwise they will not be
involved in the dropoff.
Councilwoman Bennington suggested parking slots be angled for traffic flow.
Mayor Ledbetter asked if a fire truck could negotiate a turn on the east end of the building
if there's a fire in the restaurant. Mr. Westfall said the restaurant is on the west side
and entrances and exits are center and to the west side and he didn't see a need for them to
go through that. Mayor Ledbetter said to satisfy himself, he would like to have the fire
truck sent down to see if it could negotiate the turn.
Mr. Robert Christy called a point of information and stated he's a certified fireman and if
there's a fire, they'll put the pumper in there with the foam. He asked where the hydrant is.
Police Chief Earl Baugh said if there1s a fire in the restaurant, businesses and stores next
to it in the back could not have access by the trucks. Mr. Vanzin said when the other
parking lot is put in they will have access to it.
Mayor Ledbetter asked about the west end retention pond and Mr. Vanzin said there will be
a bridge across it to the sidewalk.
City Attorney Alvarez said perhaps the owner or operator will locate a fire hydrant in a
position there. Councilwoman Bennington asked about a grease fire since a water hydrant
wouldn't be helpful there. Mr. Vanzin said he has a built-in C02 in the hood.
Mr. Don Bennington asked about the bars on the west windows and Mr. Vanzin said these
windows will be open during the day and are only there for security.
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Council Workshop Minutes
July 22, 1983
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Mayor Ledbetter asked if this could be handled administratively by the City Clerk and
City Attorney or if a special meeting had to be called. Councilmen Asting and Wargo
had no objections and Councilwoman Bennington said she felt that with what the City
Attorney has advised them and if Mr. Vanzin is willing to meet the requirements, they
could authorize the City Clerk and City Attorney to enter into this on a 90-day license.
Mayor Ledbetter said he had no objections to that.
City Clerk Connie Kinsey noted that the license automatically expires the last day of
August which would mean a review on 9/1/83. Councilwoman Bennington said she didn't
think they could get all this accomplished in 30 days.
Councilman Asting asked the type of parking lot they're going to put in and Mr. Vanzin
said it would be shell. Mr. Vanzin said it wasnlt sure he could have all of this done
within 30 days.
City Clerk Connie Kinsey said that two separate conditional licenses will be involved.
Mayor Ledbetter asked Council IS wishes on the tractor item. Councilman Wargo and Council-
woman Bennington wanted to let it wait until the regular meeting.
Workshop session was ended at 11:30 AM.
Minutes submitted by:
Lura Sue Koser
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July 22, 1983