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3/3/1992
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3/3/1992
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
03/03/1992
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Attorney Joe Lawrence of the law firm of Cummings, Lawrence & <br />Vezina advised that he was substituting for Michael E. Riley today <br />in the law firm's representation of Chester Prince, president of <br />Prince Contracting Co., Inc., who has filed suit requesting that <br />the Court declare the contract award to Guettler & Sons, Inc. void <br />and enjoin the Board from entering into an agreement with Guettler <br />or issuing Guettler a notice to proceed until next Wednesday, March <br />11, when the Court will hear Prince's Motion for a Temporary <br />Injunction. To the extent the County has already entered into a <br />contract and issued a notice to proceed to Guettler & Sons, he <br />urged the Board to suspend construction activity on the project for <br />a mere 8 days until Circuit Judge Charles Smith has the opportunity <br />to consider the merits of the very grave allegations that were made <br />in the complaint filed in Circuit Court. Attorney Lawrence <br />understood the Commissioners have seen some of the proof of the <br />allegations in the complaint, and if it is true, the actions <br />strikes at the heart of the competitive bid process which the Board <br />of County Commissioners have said shall be followed in this project <br />and also strikes at the heart of their actions. All they are <br />asking is that the Board allow Judge Smith to consider all the <br />evidence and sworn statements that will be taken over the next <br />several days so that Judge Smith can make a reasonable decision on <br />the matter and take into account the full facts of the matter and <br />make an independent decision whether or not the competitive bid <br />process was followed and whether or not the actions of the Board <br />were tainted and should be voided or not voided under the <br />situation. Basically, the request is as simple as that. They are <br />asking that no further action be taken on this construction <br />contract until Judge Smith has the opportunity to consider the <br />matter on March 11, merely 8 days from today. <br />Continuing his arguments for an 8 -day delay, Attorney Lawrence <br />emphasized that Prince Contracting Company has been constantly <br />assured that the Board wants to comply with the law and their oath <br />of office, and wants to build a golf course in full accordance with <br />the plans that were published at the lowest possible cost to the <br />taxpayers of Indian River County. The Board's vote of 3-2 to <br />reject Prince Contracting Company's offer to build that golf course <br />in full accordance with the plans and specifications for $50,000 <br />less than the -second low bidder raised certain questions. Further <br />questions were raised once an investigation was conducted which <br />revealed that potentially one of the Board members was instrumental <br />in the County's pre -award investigation and that the vote was <br />tainted in the process. Instead of slowing down the process after <br />these allegations were made, staff proceeded to issue probably one <br />17 <br />MAR 0 3 1992' i U <br />' �OGK v IOU <br />
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