CITY COUNCIL REGULAR MEETING

CITY HALL ANNEX

111 Polk Avenue, Cape Canaveral, Florida

TUESDAY

May 20, 2008
7:00 PM

 

MINUTES

 

CALL TO ORDER:  The Chair called the meeting to order at 7:00 P.M.

 

ROLL CALL:

 

Council Members Present:

 

Mayor Pro Tem                                 Bob Hoog

Council Member                                Leo Nicholas

Council Member                                Buzz Petsos

Mayor                                                 Rocky Randels

Council Member                                Shannon Roberts

 

Others Present:

 

City Manager                                     Bennett Boucher
City Attorney                                      Anthony Garganese
City Clerk                                           Susan Stills

City Treasurer                                    Andrea Bowers

Public Works Director                      Walter Bandish

Assistant Public Works Director        Jeff Ratliff

Building Official                                 Todd Morley

Recreation Director                          Robert Lefever

 

BOARD MEMBER INTERVIEW:

 

Business and Cultural Development Board Applicant – John Craig.

 

Attorney Garganese asked Mr. Craig if all of the information on his application were answered true and correct to the best of his ability.  Mr. Craig affirmed.  Mr. Craig informed that he assists his wife in operating a technology-based business in Cape Canaveral.  Mr. Craig stated that he was a Captain in the U.S. Navy Reserve and hoped to contribute something back to the local community.  Mr. Craig explained that his business was a government contracting employer.  NASA, the U.S. Army, Air Force, Navy, are their major contracts, as well as the Department of Homeland Security and the Florida and Pennsylvania National Guard are some of their clients.  Mr. Craig stated that the company focuses on network engineering, IT services, concentrating predominately in modeling and simulation in support of the Department of Defense. 

 

Mayor Randels added that the company was nominated by IT Florida as a high growth company of the year in 2007.  Mr. Nicholas noted that Mr. Craig did not live in the city, but on Merritt Island.  Mr. Craig replied that he has lived in Brevard County for four years and they were prior residents of Virginia Beach.  Mr. Craig informed that the company has a small administrative office in Canton, Illinois.  Ms. Roberts asked him why he chose to bring his business to Cape Canaveral.  Mr. Craig replied that he chose to establish a business in Cape Canaveral due to its name recognition.  Cape Canaveral is strategically located near the Space Coast and Orlando area defense facilities. Ms. Roberts asked Mr. Craig what he hoped to accomplish through his participation on the Board.  Mr. Craig replied that he hoped to promote business growth in Cape Canaveral using his Board membership toward that purpose.

 

Mr. Petsos commented favorably on Mr. Craig’s intent to promote business growth in the City.  He asked Mr. Craig if he would be able to attend the Board meetings in light of his schedule.  Mr. Craig affirmed that he would be able to attend; however, he did have commitments to the Navy.  Mayor Pro Tem Hoog welcomed Mr. Craig and expressed appreciation for his plans to promote continued business growth.  Mayor Randels stated that a Resolution to appoint Mr. Craig to the Business and Cultural Development Board would be on the next City Council Meeting agenda.

 

REPORTS:

 

City Manager

·                    Mr. Boucher thanked Ms. Stills for assisting during his absence the previous week.

·                    Mr. Boucher reported on the Library Board meeting.  The Board agreed on the Concept A floor plan which used flexible furniture.  He would obtain something in writing from the Board related to their agreement.  Ms. Roberts pointed out that Ms. Stills asked the Board to document their questions related to the Meeting Room concept and those would be included in the Library Board’s Meeting Minutes.  Mr. Boucher would obtain a copy of those Minutes.

·                    Mr. Boucher reported that the School Board would not share on the School Resource Officer cost at Cape View Elementary School in the coming year.  A brief discussion followed on: 1) the possibility of any recourse related to the discussion that took place at the Brevard Summit, and 2) the necessity of this service.  Ms. Roberts recommended a letter to the School Board and a meeting with the City Manager and she also recommended that Mr. Petsos accompany Mr. Boucher to the meeting.  Mr. Petsos affirmed that he was willing to attend.

·                    Mr. Boucher reported on the return of the Motorcycle Officer.  The department had a trained officer available.

·                    Mr. Boucher announced that Mr. Phil Laurien, Executive Director, of the East Coast Regional Planning Council, would speak to the Planning and Zoning Board related to mixed use and My Region.org planning principles at their upcoming meeting.

·                    Mr. Boucher reported that the Reclaimed Water Plant was only producing 800,000 gallons per day due to the loss of seasonal residents.  He stated that the City would assume a shortened three hour per day watering schedule.

·                    Mr. Boucher reported that the Securities and Exchange Commission was now investigating the State Board Administration and their investment policies.

·                    Mr. Boucher requested to schedule a date for the Visioning Session.  He informed that Department Budgets were due the end of May.  Ms. Roberts suggested Thursday, June 5th or Friday, June 6th.  Mr. Boucher explained his plan for each Department Head to present their plans to the Council members for a participatory session.  Mr. Nicholas suggested half-day sessions to which there was consensus.  Mr. Petsos stated that he preferred afternoon sessions.  Ms. Roberts asked the City Manager for a set of questions to incite discussion as was done by Lead Brevard.  Mr. Boucher explained how the Department Heads would outline their specific circumstances related to City operations.  Ms. Roberts requested to address, at some time, the major City projects of which the residents desired closure.

·                    Mr. Boucher reported that the Vice Mayor of Cape Canaveral’s Sister City
Vila do Bispo, Portugal contacted him with an invitation to attend the Sagres and Wonders community celebration in June.  Mr. Boucher stated that he could pay for his own airfare; however, he requested funds in order to obtain gifts for exchange.  Mr. Petsos suggested using funds from the Business and Cultural Development Board account.  City Council authorized Mr. Boucher’s departure and expenses of $500 for good-will tokens for our Sister City of Vila do Bispo.

 

STAFF

 

Public Works Director

 

·                    Mr. Bandish reported on the completion of the Slip Lining project.  Mr. Nicholas inquired about the number of linear feet and the size of the pipes. Mr. Bandish replied there were some 12-inch, and 8- and 10-inch pipes. Mr. Bandish affirmed that the project was televised.  Mayor Randels asked for an approximation of the project completion.  Mr. Bandish replied that the project was just over half complete.  

·                    Mr. Bandish reported on the successful operation of the stand-by generator at Lift Station No. 1 on Washington Avenue.

·                    Mr. Bandish reported on an upcoming meeting with Brevard County Engineering related to the City’s reclaimed water line and the City of Cocoa’s water line on North Atlantic Avenue and the necessity of lowering the lines during street renovation.  Ms. Roberts asked if the City could obtain more information about the North Atlantic Avenue left-hand turn signal project, including: remaining steps needed, timeframes involved, costs, and responsible parties.  She suggested speaking with County Commissioner Chuck Nelson if satisfactory information were not provided at this meeting.  Ms. Roberts concluded that the City was waiting for completion of this project prior to the N. Atlantic Avenue road acquisition.

·                    Mr. Bandish reported on the completion of the Public Works Maintenance Building.

·                    Mr. Ratliff explained the letter that the City Council received from the Army Corps of Engineers related to the North Central Blvd. Baffle Box Project and their additional requirements for the project.  Mr. Ratliff stated that he would attend a meeting with their representative on Thursday, May 22nd ; however, this should not delay the project.

 

Building Official

 

·                    Mr. Morley referred to the City Council previously approved Lien Reduction and Mitigation Plan for Norman Boucher.  He reported that he met with the City Arborist who stated that planting in a drought condition was not viable at this time.  Mr. Morley affirmed for Ms. Roberts that this was a full Mitigation Plan as well as a submitted payment of the $1,350.84.  Mr. Nicholas recommended granting an extension of the 30 days or until a time identified as reasonable by the City Arborist.  Attorney Garganese recommended a Motion on this action.  Ms. Roberts sought clarification as to whether the City had consulted with the community members on Surf Drive related to tree planting saying that she thought her motion had requested for that action as well.  Mr. Morley stated that the violator requested to have all trees planted on City property.

 

A motion was made by Mr. Nicholas and seconded by Ms. Roberts for an Extension of Norman Boucher’s Tree Mitigation Plan Until the City Arborist Establishes a Reasonable Time for Planting.  The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

 

Recreation Director

 

·                    Mr. Lefever reported on 80 attendees to the recent Magic Show.

 

City Treasurer

 

·                    No report.

 

City Clerk

 

·              Ms. Stills reported that Council Members should have received a copy of the Florida League of Cities 2008 Annual Conference ad.  Mayor Randels stated that the photos were of: the Center Street gazebo, the Butterfly Garden, the sand fences and the Cape View Elementary School students celebrating Arbor Day.  Ms. Roberts commented on the Green city theme and how the ad represented some of the improvements in that regard.

 

City Attorney

 

·                    Attorney Garganese stated that he and the City Manager were working to coordinate a Workshop for the City Council and City Boards related to Sunshine Law and Public Meeting and Board procedures.  He requested to hold this Workshop on June 17th at 5:30 P.M. prior to the Regular City Council Meeting.  Mayor Randels suggested polling the Board members on the viability of the date for them. Ms. Roberts asked if the Workshop could address the Board’s roles and responsibilities.

·                    Attorney Garganese provided a brief update on the Tripple J case.  He informed that the City had filed a Motion to Dismiss arguing that Count One, Writ of Mandamus was moot.  Late on Friday, May 16, 2008, the Federal District Court directed Tripple J to file a brief to explain why they believe Count One was not moot.  Attorney Garganese would await a ruling on that issue.

 

CITY COUNCIL

 

Council Member Roberts

 

·                    Ms. Roberts mentioned developing a way to celebrate the City’s 45th Anniversary. 

·                    Ms. Roberts also mentioned the Government Industries Briefing.  She stated the need for metrics and process review in the County’s business practices.

·                    Ms. Roberts suggested beginning the City Council meetings at 6 P.M. in order to accomplish the items which require substantial discussion on the Agenda.  She asked Council members for their views.  Mr. Petsos stated this would be difficult for the residents to attend who are arriving home from work at that time.  Ms. Roberts mentioned how the late meetings were also difficult for staff and starting early was for their consideration.

·                    Ms. Roberts referred to the procedures related to the Development Review process in order to confirm if developers were required to meet with the full Council to discuss concepts.  Mayor Pro Tem Hoog agreed; however, he stated that he had no problem meeting with them individually.  This would provide the developer an opportunity to compile different ideas.  Mr. Nicholas stated how meeting individually might lead to the perception of approval.  Mr. Petsos stated that he had issues with any project that did not conform to Code.  Discussion followed on whether a developer should meet with the full Council for their conceptual introduction of their project.

In summary, Attorney Garganese advised the Council saying: 1) any City Council Member’s individual meeting with a developer could impede that Member’s ability to make a quasi-judicial decision, 2) such a meeting could impede Staff’s ability to perform their job with the Development Review process, 3) the Council would be providing a strategic advantage based on their individual conversation with a developer, and 4) any conversation could find a Council Member facing legal issue with the developer related to impartiality or the lack of disclosure during an individual meeting.  Attorney Garganese could speak more on this during the Sunshine Law and Public Meeting Procedures Workshop.  Mr. Boucher clarified that staff could advise the developer that they would be allowed to present their conceptual introduction to the full Council after staff review for code compliance.

·                    Ms. Roberts, again, recommended a Green City Ordinance.  She stated that the use of green materials and green space was a necessity in light of builders who may propose “non-green” materials.  Mayor Randels responded that the City could encourage, but not enforce, green building construction.

·                    Ms. Roberts asked if the staff planned to pursue a City Newsletter.  Mayor Randels reminded on finding out the cost and Mr. Petsos reminded of the amount of staff time needed to prepare a publication.  Mr. Boucher informed that staff was seeking an online newsletter instead of a mail out distribution.

·                    Ms. Roberts inquired about the progress of the Development and Planning Director position vacancy.  Mr. Boucher replied that he received 14 applications and he would review them and schedule interviews within the following week.

 

Council Member Nicholas

 

·                    Mr. Nicholas requested the size of the McDonald’s window display sign.  Mr. Morley replied that his staff would provide that information.  He requested to resume the Sign Code update.  Attorney Garganese replied that he was incorporating all of comments from the Workshop meetings.

·                    Mr. Nicholas also requested to return to the Sign Code Workshops.  Attorney Garganese replied that he was compiling the data and comments from all of the previously held Workshops to create a Draft Sign Code document.

 

Council Member Petsos

 

·                    Mr. Petsos asked if there were a way to exempt off-premise signs as they relate to the anticipated bus shelters by reason of providing a public service. The City Attorney will provide further information.

·                    Mr. Petsos reported that Canaveral Port Authority was exempted from District Regional Impact studies.  This would allow for a substantial resort bordering the City without concurrency requirements.  He would seek a response from State Representative Sasso.

·                    Mr. Petsos reported on the study related to the traffic signal at Central Blvd. and State Road A1A.  More information will follow.

·                    Mr. Petsos mentioned the number of flyers related to Recreation activities available at Cape View Elementary School and commended Mr. Lefever for his promotional efforts.

·                    Mr. Petsos informed that the School Advisory Council forwarded a letter to Dr. Richard DiPatri, School Board Superintendent, sponsoring Ms. Kelli Dufresne for the position of Principal of Cape View Elementary.  The Staff and faculty did the same.  Mr. Petsos provided a copy of the Letter of Support and requested that the Council also support Ms. Defresne.  Mr. Petsos informed that she is a finalist for the position. The City Manager’s Office would follow through on this request. 

Mayor Pro Tem Hoog

 

·                    Mayor Pro Tem Hoog reminded that he was still awaiting street lights on Tower Blvd.  Mr. Bandish responded that he was still working with Florida Power and Light to resolve this issue.

 

Mayor Randels

 

·                    Mayor Randels announced that the Big Red Bus would be available in the City on Friday, May 30th.

·                    Mayor Randels announced Public Works Week from May 19th through May 23rd.  He welcomed residents to tour the facility.

·                    Mayor Randels reported from a utilization report that no reclaimed water was sent to the Banana River this month.

·                    Mayor Randels acknowledged that Ms. Roberts attended the Economic Summit.  He commented that her notes outlined some beneficial suggestions from Florida Power and Light.

·                    Mayor Randels informed that he met again with the representative of the Air Show.  He spoke with the Port Managers and October 24th and October 25th were the tentative dates.  The City of Cocoa Beach has approved the event and five nautical miles of air space was reserved.  Mayor Randels would return to the Council with additional information.  Mayor Randels replied to Ms. Roberts that the five-mile flight zone was within City limits.

 

AUDIENCE TO BE HEARD:

 

There were no comments from the audience.

 

PRESENTATION:

 

Legislative Update – State Representative Tony Sasso.

 

Mayor Randels announced that State Representative Sasso would not be able to attend this evening’s meeting.

 

Letter to Governor Charlie Crist – Supporting the Change of Location for the Clean Ocean Bill Signing.

 

Mayor Randels read the City’s draft letter to Governor Crist related to the Clean Ocean Bill signing.  Mr. Petsos pointed out that State Representative Sasso had asked that the letter invite the Governor to sign the Bill in the area in which it originated.  Mr. Petsos requested to have that language included in the proposed letter to the Governor.

 

A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Support the Letter and to include the Language to Change the Location of the Signing to the Cape Canaveral/ Cocoa Beach area.  The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

 

CONSENT AGENDA:

 

1.         City Council Regular Meeting Minutes of May 6, 2008.

 

2.         Resolution No. 2008-12; Reappointing Members to the Business and Cultural Development Board.  (J. Muncey, J. Anderson and D. Marcum)

 

Mayor Randels asked if any Council Member, Staff, or interested party desired to remove an Item from the Consent Agenda for discussion.

 

Ms. Roberts requested to remove Item No. 1 for discussion.

 

A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Item No. 2.  The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

 

1.         City Council Regular Meeting Minutes of May 6, 2008.

 

Ms. Roberts questioned for purposes of accuracy, Mayor Pro Tem Hoog’s statement on Page 3.  Mayor Pro Tem Hoog restated his intent.  Mayor Randels recommended saying, “Mayor Pro Tem Hoog explained how the City Council has submitted issues to the Planning and Zoning Board for review; however, after much discussion and inability to reach consensus on the issue, the issue was returned to the City Council for resolution.”  The sentence in the May 6th Minutes would be amended with this language.

 

·        Ms. Roberts asked for clarification of what Mr. Boucher meant by “plans were at 100 percent for North Atlantic and Central Blvd.”  Mr. Boucher affirmed the sentence was correct and explained that the County Engineers transmitted a set of plans stamped 100 percent.  Mr. Boucher stated that the overall design was completed.  Ms. Roberts requested to have the word “design” inserted on
Page 5 in front of the word plans.

·        Ms. Roberts referred to Mr. Nicholas’ statement related to “the City placing a permanent fixed flashing sign on City property in order for the City to maintain compliance with its own code.”  Mr. Nicholas affirmed that the statement was correct as written.  Mr. Nicholas stated for clarity that he was referring to the Code meaning on the City right-of-way and off-premise signs.

·        Ms. Roberts referred to the bottom of Page 12 related to the Remediation Plan and the City Manager receiving the $1,350.84 prior to him signing the Release of Lien.  Discussion substantiated that the Motion was correct as written.  Attorney Garganese stated that there were two conditions: 1) the Remediation Plan, and 2) the City Manager receiving the $1,350.84 before signing for the Release of Lien.  Ms. Roberts requested to have the language, “and received the $1,350.84,” stated in the content of City Attorney’s guiding statement which led to the motion.

 

A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve Consent Agenda Item No. 1 as Amended.  The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

 

CONSIDERATION:

 

3.         Motion to Approve:  Award of Bid #08-01, Mowing/ Maintenance of City Landscaped Areas, Rights-of-Way, Wastewater Treatment Plant, Lift Stations and Central Ditch.

 

Mr. Ratliff reported that he worked with Kay McKee, Streets/ Maintenance Supervisor, and Ed Lawson, Administrative Assistant, in this Bid Process.  He announced the Bid award selection to Professional Diversified Services, Inc. [PDSI].  Mr. Ratliff stated that there was no problem with the current contract with Nick’s Lawn and Landscaping Services, Inc.; however, there was a sizeable difference in the submitted Bid amounts. Mayor Randels explained that the City was at liberty to bid out the existing contract due to the expiring term of the existing five-year contract with Nick’s Landscaping.  Mr. Ratliff replied to Mr. Nicholas that the proposed contract could be terminated with a 30-day notice.  Mr. Ratliff replied to Mr. Petsos that PDSI did not have a reel-mower at this time; however, by the time of the Contract, they would secure one. 

 

Mr. Ratliff acknowledged that Mr. Daryll Mack of PDSI was available for questions and Mr. Nick Stipanovich of Nick’s Landscaping was also in the audience.  Mr. Nick Stipanovich stated that: 1) when the Bid was sent out, it did not include the entire workload.  He contacted Ms. McKee who instructed him to add that cost to his bid and she would notify the other submitting firms of the oversight and, 2) the Bid documents called for three similar projects.  However, PDSI’s only similar project was Patrick Air Force Base.  They also perform janitorial services, but that was not a similar service.  

 

First, Mr. Ratliff affirmed that Mr. Stipanovich noticed the omitted work area and additional information was issued based on that activity; however, it had no impact on the result and the lowest bidder was still PDSI. Mr. Stipanovich stated that an addendum was issued; however, after Bid figures were disclosed.  Second, Mr. Ratliff addressed the question of references and stated that PDSI was asked the same questions as the other submittals and subsequently provided additional references.  Mr. Stipanovich stated that in his previous history with the Bid process, if the rules were not followed, the Bid process was discontinued.  Mr. Ratliff responded that none of the bidders supplied everything that was asked for, including Nick’s Landscaping.  Therefore, all the bids could not be discarded.

Attorney Garganese advised that the Council could reject all Bids under these circumstances if that were their desire.  Alternatively, since the ranking was not affected after the addendum, he was not against awarding the bid to the lowest bidder.  Mr. Stipanovich contended that the request for three similar projects was the predominate issue.  Ms. Roberts asked the City Attorney if it were an acceptable business practice for the City to ask for additional references after the Bid process. Attorney Garganese concluded that there was no legal issue in seeking additional information.

 

A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Award of Bid #08-01, Mowing/ Maintenance of City Landscaped Areas, Rights-of-Way, Wastewater Treatment Plant, Lift Stations and Central Ditch in the Bid Amount of $164,108.  The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

 

4.         Motion to Approve: Award of Bid #08-02, Fertilization, Insect, Disease and Weed Control of Turf Areas and Central Ditch.

 

Mr. Ratliff reported that the City received two Bids and announced Black’s Lawn Care and Pest Control, the existing contractor, was the low bidder.  Mr. Ratliff replied to Mayor Randels that the Xeriscape Park was removed from both bids as it did not require fertilization which reduced the cost by approximately $300.00.

 

A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Award Bid #08-02, Fertilization, Insect, Disease and Weed Control of Turf Areas and the Central Ditch.  The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

 

5.         Motion to Approve: Request for State and Federal Transportation Project Funding.

 

Mr. Boucher stated that the last year’s project funding was predominately for State Road A1A.  Many of the projects were taken from the 1999 State Road A1A Arterial Study and the City had placed items on the Funding list in successive years.   Ms. Roberts mentioned to include the narrative justification in order to provide a better understanding of the requested item.  Mr. Petsos agreed to submit the supporting documentation to which Mr. Boucher affirmed that he would provide the narrative documentation.  Ms. Joanne Muncey, as a grant reviewer, emphasized the importance of narrative documentation when making a grant related request.

 

A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve the Request for State and Federal Transportation Project Funding.  The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

 

6.         Motion to Approve: Quarterly Budget Report and Transfers for the Period Ending 03/31/2008.

 

Ms. Bowers stated that this was a mid-year transfer and Council would notice a significant reduction in Sewer Fund and General Fund due to the construction slow-down.  Ms. Bowers explained that there were no incoming Impact Fees toward the Sewer Fund. Ms. Bowers reported on decreased State share revenue due to a lack of consumer activity.  Mayor Randels inquired why the web site hosting fee was placed in the Legislative account.  Ms. Bowers responded that the web site was an overall City function and should therefore be paid from the Legislative Account.  Mr. Bandish replied to Ms. Roberts’ question about the Beach Cleaning Machine that it was currently in the City of Cocoa Beach and would arrive once it had the proper tires. In closing discussion, Ms. Roberts acknowledged Mr. David Shirtzinger for his assistance in constructing the Sand Fences. 

 

A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve the Quarterly Budget Report and Transfers from the Period Ending 03/31/2008.  The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

 

7.         Motion to Approve:  Proposal from Brown & Caldwell to Conduct the Florida Department of Environmental Protection Compliance Assistance in the Amount of $13,854.14.

 

Mr. Bandish explained how the requested Compliance Assistance was required as part of an Executive Order from the Florida Department of Environmental Protection and related to mercury and silver testing.  Mr. Petsos asked if this cost was included in the list of unfunded mandates sent to Senator Mike Haridopolous at his request.  In closing discussion, Mayor Pro Tem Hoog also requested to include the engineering costs, the City’s chemical costs and staff time and other related costs in the response to Senator Haridopolous’ request for an unfunded mandates list.

 

A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve the Proposal from Brown & Caldwell to Conduct the Florida Department of Environmental Protection Compliance Assistance in the Amount of $13,854.14. 
The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For.

 

RESOLUTION:

 

8.         Motion to Adopt:  Resolution No. 2008-10; Supporting the Proposed Florida Senate Action to the United States House of Representatives Confirming and Accepting the Decision of the U.S. Air Force to Award the Tanker Contract to Northrop Grumman Corp. and EADS N. America.

 

Mayor Randels explained how the Space Coast League of Cities acted on this request for a Resolution of support on Monday, May 12th.  Ms. Roberts personally expressed it as inappropriate for the City to show support for the Resolution.   From a personal and professional opinion, Ms. Roberts explained that: 1) that particular contract was questionably handled at the Federal level, and 2) while the contract involves 1,500 jobs coming to Brevard County, it involves 44,000 jobs that would head to Europe with EADS N. America.  She expressed her personal concern of the League of Cities’ support and she encouraged the Council to not offer support.  Ms. Roberts stated that Boeing Corporation, who was a competitor firm, was a local company. She stated that a elected official from Northrup Gruman brought the Resolution to the League for support.  She found that action inappropriate due to the elected official’s potential vested interest.  Ms. Roberts stated that she made every attempt to express her concerns to the full League prior to the vote.  Mr. Petsos affirmed that the motion carried on the Resolution with minimal discussion.  Mayor Pro Tem Hoog stated his concern over the possibility of an elected official drafting a Resolution  who may have a financial interest in the outcome.

 

The Resolution Died for Lack of Support..

 

ADJOURNMENT:

 

There being no further business, the Chair adjourned the meeting at 9:45 P.M.

 

                                                                                    ________________________________
                                                                                    Rocky Randels, MAYOR

 

________________________________
Susan Stills, CMC, CITY CLERK