HomeMy WebLinkAbout03-16-1995 Special MeetingCITY COUNCIL
SPECIAL MEETING
March 16, 1995
A Special Meeting of the Cape Canaveral City Council was held on March 16, 1995, at the City
Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at
7:00 P.M. by Mayor Porter.
ROLL CALL:
Mayor John Porter Present
Mayor Pro Tem Rocky Randels Present
Councilmember Arthur Berger Present
Councilmember Leo Nicholas Present
Councilmember Buzz Petsos Present
City Manager Bennett Boucher Present
City Attorney Kohn Bennett Present
Acting Deputy City Clerk Susan Stills Present
BUSINESS:
1. Discussion & Motion Re: Contract with Brevard County for lifeguard services.
Motion by Mr. Nicholas, seconded by Mr. Petsos to contract with Brevard County for lifeguard
services. Mr. Boucher outlined the supporting documents to the contract which included an
amount of $8,416 for services if a tower were eliminated at Harbor Drive, background
information from the Brevard County staff, and the 1994 life safety statistics. He also said that
two representatives from Brevard County Public Safety Department were present to answer any
questions.
Mr. Berger addressed the City Attorney on his research of the liability aspects of the contract.
Mr. Bennett stated that although there were no exact cases regarding lifeguards, there were cases
that involved litigation when no lifeguard services were provided, for example, at City pools,
recreation centers, and City run events. He explained that because the City had budgeted for
such services this could be grounds for future litigation. Mr. Berger questioned who was liable
for lifeguard services on the beaches and was the City liable if it contracted for lifeguard
services with the County. Mr. Bennett explained that the City exercised regulations on the
beaches that were concurrent with the Division of Marine Resources, which was the main
jurisdictional agency on the beaches, and litigation would involve all agencies that regulate the
beaches.
Mayor Porter expressed that citizens were accustomed to a level of lifeguard service on the
beach and the City should continue to provide this service. Chief Dave Sargeant stated that the
beaches were well utilized by Cape Canaveral citizens as well as tourists. Mr. Nicholas
questioned the $3,000 cost difference if one lifeguard tower were eliminated during this fiscal
year. Mr. Jackson, Brevard County Public Safety, explained that the amount of $3,000 was
City of Cape Canaveral, Florida
Special City Council Meeting
March 16, 1995
Page 2
placed in the County's budget for this fiscal year. Mr. Berger expressed his concern that the
City could presently provide lifeguard services with the County contributing 30% of the cost.
However, in subsequent years with the County decreasing its portion of funding for lifeguard
services it would eventually become the sole responsibility of the City. Mr. Randels commented
that the Cape Canaveral beach was more than adequately patrolled, but there was no coverage
from Tyler Avenue to the Cocoa Beach pier. Mr. Jackson said that the pier was independently
owned and could not contract with the County. Mr. Randels asked how much coverage was
provided on the beaches? Mr. Campion, Brevard County Public Safety, explained that two
patrols, one from the County and one contracted by the City, covered the beach areas adjacent
to one another meeting at some point in Cape Canaveral. Discussion followed on the need to
contract for a lifeguard tower or a patrol roamer.
Motion by Mr. Nicholas, seconded by Mr. Randels to eliminate the lifeguard tower at Harbor
Drive and to engage in a contract for lifeguard services with Brevard County at a cost of
$8,416.50. Mr. Nicholas explained that the limited access from the Harbor Heights did not
justify a tower in this area. Mr. Petsos stated that eliminating the tower on Harbor Drive would
be a disservice to the citizens in that area. Chief Sargeant commented that some level of
lifeguard service was needed in the form of a lifeguard tower, roamer or a combination to
provide adequate coverage of the beaches. Mr. Randels asked if the City could establish a given
number of people and the County designate the locations of need. Mr. Campion explained that
the locations for the past two years had been adequate for the level of service.
Motion carried on the amended motion with member voting as follows:
Councilmember Berger For
Councilmember Nicholas For
Councilmember Petsos Against
Mayor Porter For
Councilmember Randels For
Motion carried on the main motion with members voting as follows:
Councilmember Berger For
Councilmember Nicholas For
Councilmember Petsos Against
Mayor Porter For
Councilmember Randels For
ADJOURNMENT:
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City of Cape Canaveral, Florida
Special City Council Meeting
March 16, 1995
Page 3
There being no further business, the meeting adjourned at 7:35 P.M.
Approved this 4th day of April
ATTEST:
Susan
1k,
ALri
AC
, 1995.
ING DE MY CITY CLERK