CITY OF COCOA BEACH, FLORIDA CITY COMMISSION MEETING MINUTES May 3, 2012

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1 A. MEETING CALLED TO ORDER Invocation: Offered by Pastor Ken Babbington, First Baptist Church of Cocoa Beach Pledge of Allegiance Roll Call Commission Members Present: Mayor Skip Beeler Vice-Mayor Dave Netterstrom Commissioner Kevin Pruett Commissioner Ken Griffin Commissioner Skip Williams Administrative Members Present: Charles Billias, City Manager Skip Fowler, City Attorney A.J. Hutson, Assistant City Manager Christina Doerrfeld, Deputy City Clerk Mary Turner, Administrative Assistant to the City Manager Jerry Stansfield, Public Information Officer/Grant writer Anthony Caravella, Director of Development Services Darby Blanchard, Water Reclamation Director B. APPROVAL OF THE AGENDA: The Agenda was approved by consensus. C. CEREMONIAL ACTIVITIES: 1. Proclamation declaring May 2012 as Older American s Month. Mayor Beeler read and presented the Proclamation of Older American s Month Mr. to Bob Fritz. 2. Proclamation: declaring May 7 May as National Epsilon Sigma Alpha Week Mayor Beeler read and presented the Proclamation of National Epsilon Sigma Alpha Week to Ms. Jan Billias D. PUBLIC COMMENTS Angela Richards, Cocoa Beach Citizens Action Committee, stated that the language in the Community Redevelopment Plan mentioned explicit areas, and if the City wanted to extend past the areas stated in the plan, a new Community Redevelopment Plan would need to be adopted, not a continuance of the plan. She stated she would like to be advised of the interest rate on the loan from the general fund of the City to the monies given to the Community Redevelopment Plan trust fund. John Hearin, Vice Chairman of the Cocoa Beach Chapter of SurfRider Foundation, gave a presentation explaining how the SurfRider Foundation helps preserve sand dunes. Mr. Hearin asked the Commission to advise the city to work with the foundation regarding dune damage from the City s police ATV traffic and damage to the dunes during special events. Mr. Hearin asked that the city stop the north/south traffic through the dune line. He stated there had been significant damage to the dunes during special events. Mr. Hearin asked that the Commission increase permit requirements for dune protection during special events and to provide some sort of monitoring system during the special events. Mr. Lawrence, Cocoa Beach, expounded on the items brought up by Mr. Hearin. He emphasized the importance of dune protection. He requested that the City emphasize the importance of dune protection when the permit is issued, and make it known that conditions will be enforced. He stated a SurfRider member could be available at the event location and advise where the fencing needed to be installed and signs posted. He asked that construction grade

2 orange mesh temporary fencing be required in the permit language. He asked that an Event Volunteer staff member be required by permit to be on proactive duty within the event perimeter. Bruce Moeller, Cocoa Beach Chapter of SurfRider Foundation, stated that protection of the dune would mean money for the City. Jeff Vogt, Cocoa Beach, complained there was a trench on St. Croix that has been there for over three months and needed to be fixed. He agreed with all comments made by the SurfRider representatives, and hoped the City would cooperate. Mr. Vogt stated that Chuck Billias, City Manager had done a great job. He stated that at the March 26, 2012 Commission Meeting, a plan was setup to begin the process to search for a new City Manager. He stated that the City was two days behind on the plan. He stated that if the City can t maintain the schedule already set, that a new calendar should be made.. Bill Myers, Cocoa Beach, stated that he had questioned the issue of 5 th Street South at several meetings. He stated that for whatever reason, 5 th Street South and Ramp Road were not included in the Community Redevelopment Plan. He felt that the people that lived in that area should be told they would be living in a slum and blighted area established by the Commission and their taxes would be raised for downtown development. Janice Scott, Cocoa Beach, referred to Item K, No. 1 (new business) on the Agenda for the night s meeting. Stated Faulty should read Fawlty Towers. E. STAFF REPORTS AND ANNOUNCEMENTS: City Manager had no report. F. CITY ATTORNEY REPORTS AND ANNOUNCEMENTS: Mr. Fowler stated the Fifth District Court of Appeal rendered an opinion in the City s favor in the Fountain case. He advised the Order was in force and the boat will be removed. He stated that regarding the Racetrack matter, the Board of Adjustment had turned Racetrack down and an appeal was being filed by Racetrack. He had no other information regarding that matter. G. CITY COMMISSION REPORTS AND ANNOUNCEMENTS: Commissioner Pruett thanked the SurfRider representatives for their presentation. He noted that the City s Beach Rangers are on the beach for other purposes, including taking care of the dunes. He stated that the Police Chief and SurfRider representatives should meet to work together on dune protection. Commissioner Pruett advised that plans for the Fourth of July fireworks to be held on July 2, 2012 were coming along smoothly. He also noted that July 1, 2012 was the official 50 th Anniversary for NASA/Kennedy Space Center. He advised that it would be a good idea to try and incorporate the anniversary during the same time as the fireworks period since NASA/Kennedy Space Center was a defining thread in the community for the last fifty years. He thanked Sandy Sanderson with Florida Power and Light for his professionalism. Commissioner Williams asked the City attorney to research the state law and prepare a short memo to the Commission on the rules regarding dune protection. He stated ignorance of the law was a big problem in enforcing the law as far as protecting the dunes. He requested a memo in writing, with the Police Chief s approval of same, and bring same back to the Commission. Commissioner Williams also stated that it was made clear at prior Commission meetings that the City Manager would resign when the mayor vacated his seat. He stated there was a search firm ready and fully aware that the City will start the search in May and did not feel the City was running behind. Commissioner Griffin stated that he agreed with Commissioner Williams regarding the search for a new City Manager. He agreed that the dune protection matter must be reviewed. Page 2 of 10

3 Commissioner Pruett reminded the public that the May 17, 2012 Commission Meeting would be held at the Country Club due to the fact that Space Coast Super Boat show would be on display that evening in the downtown area. H. CONSENT AGENDA: The City Attorney read the Consent Agenda. The Commission approved the Consent Agenda by Consensus 1. Approve the Commission Meeting minutes for the April 19, 2012 Staff Representative: Christina Doerrfeld, Deputy City Clerk Staff Recommendation: Approve 2. Approve a letter to the Florida Department of Law Enforcement, approving the distribution of the FY2012 Justice Assistance Grant funds, to be used towards the Brevard County Prisoner Transportation/Booking Improvement Program; No local match is required Staff Representative: Bryan Holmes, Police Chief Staff Recommendation: Approve I. ITEMS REMOVED FROM THE CONSENT AGENDA: J. UNFINISHED BUSINESS: 1. Ordinance No Second Reading and Adoption, An Ordinance of the City of Cocoa Beach, Brevard County, Florida, amending the Code of Ordinances of the City of Cocoa Beach, Florida by amending City Code Chapter 5 beaches, fills, boats and waterways adding a new article to be titled Sidney Fischer Park alcohol free zone, adding a new section 5-70 to be titled alcohol-free zone on Sidney Fischer Park; amending City Code chapter 6.5 Cocoa Beach Recreation Complex adding a new article to be titled alcohol free zone, adding a new section to be titled alcoholfree zone on Sidney Fischer Park; penalties; providing a legal description and graphic depiction of the Sidney Fischer Park alcohol free zone; providing for incorporation of recitals, severability, interpretation, conflicts, and an effective date Staff Representative: Mayor Beeler Recommendation: Approve MOTION BY GRIFFIN/PRUETT I MOVE TO ADOPT ORDINANCE NO Mayor Beeler explained that the Ordinance created an alcohol free park and beach area in Sidney Fisher Park. He stated that people could walk through beach area if they have alcohol as long as they continue through and leave the area. He stated that people cannot bring alcohol to this beach to make this a family friendly area. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY J. NEW BUSINESS: 1. Discuss change in business philosophy at Fawlty Tower Hotel Commission Representative: City Commission Recommendation: Discuss Skip Fowler stated that other than what had been published in the paper. He had no other information on this matter. He stated one problem that Fawlty Towers Hotel might have was the fact that was a serving establishment, and if alcohol was served, the patrons and servers must be properly clothed. He stated that the establishment had only been open two days, and he could not specifically state that the hotel was doing anything illegal. He stated that the City will have to monitor the hotel s activities for any illegal activities. Mayor Beeler asked if Anthony Caravella, Director of Development Services, could answer some questions. Mayor Beeler explained that the subject of this item was to discuss a hotel located in the City that had been advertising as a nudist hotel. He stated that the City was looking at the legalities as to city ordinances, state law and alcohol Page 3 of 10

4 ordinances. CITY OF COCOA BEACH, FLORIDA Commissioner Williams wanted to affirm that the City had no particular laws against this activity as long as the hotel stayed within the guidelines the Mayor prescribed, and Anthony Caravella, affirmed that fact. Mayor Beeler asked the City Attorney if the hotel was violating any ordinances. The City Attorney said he was not aware of any and the City must monitor the hotel s actions and respond appropriately. Mayor Beeler commented that as a community, the City could not create an ordinance that could put controls on the hotel. The City Attorney stated that the hotel was operating legally, but there were certain issues such as zoning and controlling where that type establishment could be placed that could be researched. MOTION BY BEELER/PRUETT I MOVE TO ASK THE CITY ATTORNEY AND DEVELOPEMENT STAFF TO RESEARCH THE RULES AND REGULATION THE HOTEL HAS TO FOLLOW TO ALLOW THE CITY S CODE ENFORCEMENT, CITY STAFF AND POLICYE TO ENFORCE THE RULES TO ENSURE THE HOTEL IS COMPLYING WITH ALL LAWS. The City Attorney stated that he intended to speak attorney representing the hotel to discuss the rules and regulations. Vice-Mayor Netterstrom stated that the motion presented was the proper way to proceed. He stated that the SR520 area was ripe for other investments and suggested the City try to put together a plan with community input as to what the City and citizens envision at that end of the City. Commission Griffin stated that although he did not approve of such activity, that nudist activity was legal in the city, and the laws need to be researched. Commissioner Pruett asked for an explanation from the City Attorney regarding common areas being subject to general ordinance. City Attorney stated that common areas are subject to the City s ordinances. Mr. Fowler stated that the hotel owners had put up a fence on the second floor and did not get a permit from the City. He stated that he did not know how the hotel will operate and it was premature to make any complaints. Commissioner Pruett stated that a larger topic brought up by this matter was economic decline. He stated the average rates for other City hotels were continuing to decline. He felt the owner of Fawlty Towers would have to do the same. He advised there would be more problems ahead on other matters and the City must look at such matters more comprehensively. Mayor Beeler clarified that he was asking the city attorney and developmental staff to research the rules and regulations the hotel had to follow so the City s code enforcement and police can enforce matters that the hotel was not complying with. He stated the City had a right to know what the hotel was doing, and make sure the rules were being followed, not only for the City to understand for also for the owner of the hotel. Public Comment: Eileen Callan, Cocoa Beach, stated that the nudist hotel goes against what the City stood for. She stated that the citizens spent a lot of time and money making the beach beautiful, and the hotel owner s problem to stay afloat should not be the City s problem. She was concerned that other businesses in the City having financial problems might follow in the hotel s footsteps. Debra Key, Cocoa Beach, stated that this kind of business does not stay behind closed doors. She stated was a child advocate and City should stand up for its children. She asserted that the City promotes the fact that Cocoa Beach was the best place to live, but the City should be alarmed about this business. Mayor Beeler stressed that the City does have a problem but must work within the laws the City had at the present Page 4 of 10

5 time. He stated the City must follow the process, and that the City would enforce each law and that was why it was so important the City understood the laws. Commissioner Williams asked the City Attorney if someone else tried to open another nudist establishment at this time, could the City be able to stop that action. The City Attorney stated that if the City had a project in process to regulate a matter such as this, the answer would probably be yes. He stated the City was a meeting or two away from to hopefully being able to answer yes to that question, but more research was required. Commissioner Williams asked the Commission to make this matter a priority with city staff and ask that it be put on the next agenda and be brought back to next Commission meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY 2. Request the Commission abandon Minutemen Causeway North Sidewalk Project in favor of a less costly and safer solution. Representative: Tim Muldoon Recommendation: Approve Tim Muldoon, Cocoa Beach, presented a slide show and a Petition signed by 400 Cocoa Beach citizens who feel felt that the sidewalk changes on Minuteman Causeway, voted for at the March 15, 2012 Commission meeting, was not the right solution to solve the safety crossing challenge. The slide show addressed Mr. Muldoon s sidewalk solution estimate of costs, new data collected since the Commission approved the sidewalk changes, along with code changes, and a history of sidewalk issues. He asked that the Commissioners modify the action approved by the Commission at the March 15, 2012 meeting. Mayor Beeler stated that Commissioner Pruett recused himself from voting on this matter at the March 17, 2012 meeting. No motion was made on this item. 3. Direct the City Clerk to notify Colin Baenziger & Associates to start the search process for a new City Manager Commission Representative: Vice-Mayor Dave Netterstrom Recommendation: Approve MOTION BY NETTERSTROM/WILLIAMS I MOVE TO REQUEST THAT THE CITY CLERK NOTIFY COLIN BAENZIGER AND ASSOCIATES TO START THE SEARCH PROCESS FOR A NEW CITY MANAGER. Mayor Beeler stated that the search group should act through the City Clerk. The Mayor asked Christina Doerrfeld, Deputy City Clerk, to advise the City Clerk to communicate with Baenzinger and then communicate with the Commission. Commissioner Williams asked what the schedule date for interviewing would be. The Mayor stated that the City Clerk would publish the schedule. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY COMMISSIONER WILLIAMS WAS ABSENT 4. Request approval of the 2012 Cocoa Beach Air Show Memorandum of Understanding between Brevard Air & Space Week LLC and the City of Cocoa Beach; request same terms as the 2011 Memorandum of Understanding with an option to utilize the parking spaces on Tulip Lane. Brevard Air & Space Week Representative: Bryan Lilley, Brevard Air and Space Week Brevard Air & Space Week Representative: Approve Page 5 of 10

6 Motion by Griffin/Beeler CITY OF COCOA BEACH, FLORIDA I move to consider the request to approve the 2012 Cocoa Beach Air Show Memorandum of Understanding between Brevard Air and Space Week LLC and the City of Cocoa Beach. Mayor Beeler asked the City Manager what staff members would be representing city. The City Manager responded they would be the same as last year. Brian Lilley, representative of Brevard Air & Space Week LLC gave a presentation regarding the September 23, 2012 air show. He presented the line-up that was available, stating there would be more items added, and stated that this year s theme was Year of Extreme Flight. He advised that the show was moved to September 22 and 23, 2012 because of the tentative date for the Shuttle Endeavor to fly-out just prior to the show on a 747 jet. He stated the representatives of the show received a Joint Congressional Letter requesting that the Shuttle have its final fly-out during this year s show. Mr. Lilley stated that NASA was not agreeable to this request but that air show representatives were still working on the matter, stating that it would be very significant for the City. Mr. Lilley stated that the economic impact to the community was over 5 million dollars based on 2011 figures. He advised there were three proposed changes in the Memorandum of Understanding: the use of street banners to promote the event, a capping cost at $17,000, and an option to use Tulip Lane for parking for sponsors, participants and volunteers. Commissioner Griffin advised that he had received complaints about the banners at last year s show being up too long and looking tattered. Mr. Lilley responded that there had been a strong wind storm leading up to the show last year that had an unusual impact on the banners. He stated that barring any unforeseen high winds, the banners would last. He stated he could print additional banners in the event of a situation like last year. Commissioner Griffin commented that the public had free walk-in access at Fisher Park but that the air show was charging people to enter for the show. Mr. Lilley advised they were charging $5.00 for non-residents. He stated that residents and people staying in local hotels would not be charged. Commissioner Pruett advised that there was an outstanding invoice between the Brevard Air Show and Brevard County Fire and Rescue. He stated he was hesitant to move forward until the details were worked out. Commissioner Pruett recommended a thirty day time period for Brevard Air and Space Week, LLC and Brevard County Fire and Rescue to settle the matter. Commissioner Pruett stated that the City was working on an event with NASA for the 50 th anniversary for Kennedy Space Center and there would be banners on the light pole for that event. He stated he wanted the Kennedy Space Center 50 th anniversary banners to stay on the light poles until after July 4, He also stated he was not in favor of a cap and asked the City Manager if the City incurred any over-runs the previous year on the air show. The City Manager responded that the City had a slight overrun the previous year. The City Manager also mentioned that in the meeting last year with the fire department, it was agreed that Brevard Air and Space Week would pay for their staffing. He stated he was not in the meeting but that s what his understanding had been. The City Manager stated that the City would be required supply additional staff on for this project if Brevard County did not help, and stated the City does not have the staff to handle an event of this size. He reiterated that this needed to go before the Special Events Committee and then come back to Commission. Commissioner Pruett asked the City Manager for costs of the air show for the last three years to compare it to this year s amount. The City Manager stated he would not know this year s costs until the special events meeting. Mr. Lilley stated he did not have a special events meeting scheduled yet. Commissioner Pruett stated that if the county issue was resolved and the banners could be placed on light posts after July 4, 2012, he would agree. Vice-Mayor Netterstrom stated that if Brevard Air and Space Show was a profit corporation, he would like to see the company s financial records to show things fair and balanced. Mr. Lilley advised that was possible. Vice-Mayor Netterstrom also stated the county matter must be resolved, and wanted to make sure that there would be public access to the beach where the show would be using Tulip Lane for parking. Commissioner Williams stated he was concerned about the amount of beach access between 4 th Street North and Lori Page 6 of 10

7 Wilson Park. Mr. Lilley confirmed that people would have walking access at Tulip Lane. Commissioner Williams asked that language be put in the Memorandum of Understanding outlining the public access on Tulip Lane. Commissioner Williams inquired as to what the City s income from parking on Tulip Lane for a weekend would be, and stated that amount be added to the $17,000 cap. He advised if the City did not do this, the City would be operating at a deficient. Mr. Lilley advised that was an option and if the Brevard Air and Space Show exercises that option, it would be clarified in the contract. Mayor Beeler stated that he supported the cap. He felt that Mr. Lilley needed some type of an approval to move forward. City Manager Chuck Billias said that the Special Events Committee must meet before any figures could be confirmed. MOTION BY WILLIAMS/BEELER I MAKE A MOTION TO PROCEED WITH THE INTENT OF GOOD FAITH TO WORK OUT THE DETAILS OF ALLOWING THE AIR SHOW THIS YEAR, AND INCLUDED IN THESE DETAILS ARE THE ISSUES BROUGHT FORTH AS A MATTER OF PUBLIC RECORDS AT THIS TIME. Mary Jane Nail, Cocoa Beach, stated that she had heard on television news that the US military is cutting back drastically as a result of the economy in allowing their equipment to participate in air shows. She asked the City to be careful on what it spends on the air show. She also had a printed page from the Florida Naturist Organization and submitted same with the City Clerk. Main Motion which has been modified by amendment. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY 5. Resolution A Resolution of the City Commission of the City of Cocoa Beach, Florida, adopting a Community Redevelopment Plan for the Downtown Cocoa Beach Community Redevelopment Area located in the City of Cocoa Beach, Florida, making legislative findings; adoption of plan; providing for conflicts; providing for severability; and providing an effective date Staff Representative: Anthony Caravella Staff Recommendation: Approve City Attorney read Resolution by title only. Motion by Griffin/ I move to approve Resolution No and set for public hearing. Commission Griffin attempted moved to adopt. The City Attorney stated that this resolution should be heard and voted on at the next meeting. He stated that the Resolution must be published and sent to taxing authorities 15 day in advance and he recommended that this Resolution and Ordinance 1547 not be discussed but should be heard at the May 17, 2012 meeting. Commission Griffin withdrew his motion to adopt the Resolution. 6. Ordinance No Introduction and First Reading, An Ordinance of the City of Cocoa Beach, Brevard County, Florida, relating to the Downtown Cocoa Beach Community Redevelopment Agency and Community Redevelopment; providing for the establishment of a Redevelopment Trust Fund to fund redevelopment projects and to provide security for such indebtedness or bonds and the purposes thereof; providing for calculation of the increment pursuant to Florida Statutes ; providing for obligation to appropriate, duration of obligation, and limitation on obligation, bond sales, and refundings; providing for expenditures from the trust fund, providing for bonding capacity, providing a public purpose; providing certain other details; providing for incorporation of recitals, severability, interpretation, conflicts and an effective date. Staff Representative: Anthony Caravella, Director of Development Services, AICP Page 7 of 10

8 Recommendation: Approve CITY OF COCOA BEACH, FLORIDA MOTION BY GRIFFIN/BEELER I MOVE TO APPROVED ORDINANCE 1547 ON FIRST READING. Mr. Caravella stated that this ordinance authorized development of a trust fund where any funds that are appropriated through the increment are deposited. He stated that this was a means to provide the financial mechanism for implementation of a Redevelopment Plan. He advised that the reading that night provided the introduction of this Ordinance, and when the plan was considered on May 17, if that plan was approved, then Commission could adopt the plan on May 17, Mayor Beeler asked if all publishing was in place, and Mr. Caravella stated that all publishing had been completed. Mayor Beeler asked Jerry Stansfield, Public Information Officer, to publish something online to make sure all citizens know that the May 17, 2102 meeting was being held at the Country Club. Public comment Mr. Myers, Cocoa Beach, mentioned several typographical errors in the plan that should be changed. He stated he had questions with regard to Line 74. He asked what the three recommendations that came from the planning board were and was there any record of the recommendations. He asked what westerly extension meant. He asked what the geographic boundaries were on Page 3, line 78,. He asked what actual boundaries were given to tax agencies. He also stated that the plan states it will last for 20 years. He asked when the 20 years started. He asked that if at some time in the future another commission wanted to terminate the Community Redevelop Plan, how it be could be terminated Angela Richards, Cocoa Beach, questioned the term finding of necessity. She asked why the City does not take the words finding of necessity out of the plan. Janice Scott, Cocoa Beach, stated that six years from now, there might be a group looking for a loop hole in the plan. She asked for an explanation of why the words City Satellite Beach were not cut out of the plan. She stated it was not part of the plan, the vote was specific, and that was the way the citizens voted on it. She asked that it be corrected. She also wanted to know if the plan would allow hotels on the west side of A1A in violation of an ordinance. Mayor Beeler stated that none of those items dealt with the trust fund but asked Mr. Caravella if he could answer these questions. Mr. Caravella stated that the boundary was set at the time the City Commission adopted the Finding of Necessity Report in He advised that the boundary had not changed. He stated everything in the plan since that date has been consistent with that boundary. Mr. Caravella advised that it was a 25 year plan that began in The Mayor stated that the City follows the statute regarding the power of the Community Redevelopment Plan. City Attorney stated that there was nothing any other Commission could do other than what the existing Commission can do. Mayor Beeler stated that if the Community Redevelopment plan does not work out, there were rules in the statutes to terminate the plan. 7. Approve awarding the televising and condition assessment of sewer system and city camera and software upgrades to Cues, Inc. for $217,400. This is a budgeted item and a Sole Source Procurement Staff Representative: Darby Blanchard, Water Reclamation Director Staff Recommendation: Approve MOTION BY NETTERSTROM/BEELER Page 8 of 10

9 I MOVE TO APPROVE THE AWARDING THE TELEVISING AND CONDITION ASSESSMENT OF THE SEWER SYSTEM AND CITY CAMERA AND SOFTWARE UPGRADES TO SOLE SOURCE CUES, INC. FOR $217,400. Darby Blanchard, Water Reclamation Director, explained that the camera currently used by the City was not digital. He stated with this new camera, staff would be able to see results of the televising, and zone in on the exact problems on line. He added that this new technology would go right to the defect and work can be done more quickly and efficiently. Commissioner Pruett questioned whether it would be cheaper to get software upgrades for equipment the City now owned. Mr. Blanchard explained that he had researched the matter extensively and found it would be more expensive for software subscriptions for the older equipment. Commissioner Williams asked Mr. Blanchard to try to get the warranty extended for longer the one year. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 8. Approve awarding the Reclaimed Water Aquifer Storage and Recovery, ASR, and Test Wells Bid No. CB SRF No. WW05061 to the lowest bidder All Webb s Enterprise, Inc., in the amount of $2,385,000. The award of the bid is contingent upon funding approval by FDEP Bureau of Water Facilities Funding Staff Representative: Darby Blanchard, Water Reclamation Director Recommendation: Approve MOTION BY BEELER/PRUETT I MOVE TO APPROVE AWARDING RECLAIMED WATER AQUIFER STORAGE AND RECOVERY (ASR) AND TEST WELLS BID TO THE LOWEST BIDDER ALL WEBB S ENTERPRISE, INC. IN THE AMOUNT OF $2,385,000. THE AWARD OF THE BID IS CONTINGENT UPON FUNDING APPROVAL BY FDEP BUREAU OF WATER FACILITIES FUNDING. Darby Blanchard, Water Reclamation Director, stated the City prequalified contractors to pre-bid on this matter to assure that the contractors had done this in the past and that they were qualified. Blanchard stated that All Webb s Enterprise, Inc. gave the City everything that it stated in the proposal and he felt they were qualified. He stated that All Webb s Enterprise, Inc. would drill a deep monitoring well first. If it did not appear that the well would work, the City would not have to pay for anything further. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 9. Approve proposal from Quentin L. Hampton Associates, Inc. for engineering services during the construction of the Water Reclamation Facility upgrades and process conversion project in the amount of $293,152. The award of this proposal is contingent upon funding approval by FDEP Bureau of Water Facilities Funding Staff Representative: Darby Blanchard, Water Reclamation Director Staff Recommendation: Approve MOTION BY BEELER/PRUETT I MOVE TO APPROVE THE PROPOSAL FROM QUENTIN L. HAMPTON ASSOCIATES INC. FOR ENGINEERING SERVICES DURING THE CONSTRUCTION OF THE WATER RECLAMATION FACILITY UPGRADES AND PROCESS CONVERSION PROJECT FOR THE AMOUNT OF $293,152. THE AWARD OF THIS PROPOSAL IS CONTINGENT UPON FUNDING BY FDEP BUREAU OF WATER FACILITIES FUNDING. Commissioner Williams asked if the City would have to pay anything if the first step did not work and Mr. Blanchard stated it would not. Mr. Blanchard stated if it did not work, another package would have to be prepared. He stated that Page 9 of 10

10 the percent invoiced was relative to the percent constructed. VOICE VOTE ON THE MOTION CARRIED UNANIOUSLY K. ADJOURNMENT MOTION BY PRUETT/BEELER I MOVE TO ADJOURN. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY The meeting adjourned at 10:30 p.m. Mary Turner, Administrative Assistant to City Manager Leon "Skip" Beeler, Commissioner - Mayor Page 10 of 10