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Home My WebLink About02-25-1975 Regular Meeting1 MICROFILM[ REGULAR MEETING CITY COUNCIL FEBRUARY 25, 1975 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY P OF CAPE CANAVERAL WAS HELD ON FEBRUARY 25, 1975 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:32T. M. THE MEETING WAS CALLED TO ORDER BY MAYOR ARANKLYN P MACLAY . THE ROLL WAS CALLED BY,,THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR FRANKLYN P. MACLAY, COUNCILME14 L. C. NICHOLAS, E. H. RHAMEr G. J. SALVAGGIO, MRS. ANN THURM, CITY MANAGER ALBERT J. FRANCIS, ASSISTANT CITY ATTORNEY RICHARD SCOTT, CITY CLERK ANITA J. OSTRONt SGT AT ARMS JOHN FORD.. - THE MINUTES OF THE FEBRUARY 18 MEETING WERE' READ. MR. RHAME MOVED. Td.AMEND THE MINUTES ON PAGE 1, . THIRD LINE FROM THE BOTTOM TO "WITH DUE CONSIDERATION BEING 'GIVEN TO THE APPLICANT AT'THE EXPIRATION OF THE LICENSE PERIOD TO-ENTER INTO A FRANCHISE AGREEMENT." MAYOR MACLAY SECONDED MOTION. MOTION CARRIED'UNANIMOUSLY. MINUTES WERE APPROVED_ AS AMENDED. MR. FRANCIS INTRODUCED MRS. FLORENCE ROSS, FROM. COCOA BEACH WHO HAS.BEEN WORKING ON A CAMPAIGN FOR ONE OF THEIR MAYOR IDATES JOHN MOORE. SHE SPOKE TO COUNC= TO CLARIFY ANY CONFUSION BETWEEN THEIR CANDIDATE, JOHN MOORE .AND JDHN MOORS, WHO HAS APPLIED AND BEEN GRANTED PERMISSION TO RENT RAFTS-IN THE CITY OF CAPE CANAVERAL. THERE IS NO CONNECTION BETWEEN THE TWO PARTIES. NEW BUSINESS WAS TAKEN UP AT THIS TIME. ITEM 5. 911 PROGRAM POLICE CHIEF BRUCE PARSONS OF COCOA BEACH AND MR. KIRKMAN, FROM SOUTHERN BELL TELEPHONE COMPANY, PRESENTED TO COUNCIL THE PROPOSED 911 EMERGENCY NUMBER SET UP BETWEEN THE TWO CITIES AND THE.INCREASED COST FOR MONTHLY SERVICE AS A RESULT. CHIEF PARSONS PRESENTED AN AGREEMENT FORM TO COUNCIL WHICH HAD BEEN REVIEWED AND APPROVED BY THE COCOA BEACH CITY COMMISSION AND ASKED THAT THE CITY OP-CAPE CANAVERAL APPROVE THE AGREEMENT ALSO. MR. SCOTT READ THE AGREEMENT,, COPY , ATTACHED. BY MOTION OF MR. NICHOLAS, SECONDED BY MAYOR C\I. MACLAY, AND UNANIMOUS VOTE, THE.AGREEMENT WAS APPROVED AND ' EXECUTED. in UNFINISHED BUSINESS ITEM 1. PROGRESS REPORT LOT CLEARING tc, MR. MIKE LONGAZEL$ FROM THE BUILDING 0 DEPARTMENT$ READ HIS REPORT ON THE STATUS OF THE:LOT CLEARING PROJECT. IT WAS THE CONSENSUS OF`COUNCIL THAT NOTIFICATIONS TO PROPERTY OWNERS INVOLVED SHOULD BE MORE FORCEFUt. AD -.IN LINE WITH CHARTER PROCEDURES. MR. SCOTT WAS ASKED TO DRAFT THIS LETTER AND THERE SHOULD BE'NO MORE CORRESPONDENCE UNTIL THE ATTORNEY'S DRAFT IS READY FOR MAILING. ITEM 2. .REPORT BY ATTORNEY REGARDING APPOINTMENT Zp- C OF OL E ' MR. SCOTT REPORTED THAT AFTER EXTENSIM REVIEW OF CITY ORDINANCES AND CHARTER IT APPEARED,, AND WAS THERR OPINION..* THAT THE CITY MANAGER;,.BEING IN CHARGE OF THE POLICE DEPARTMENT ;WOULD BE ALSO RESPONSIBLE FOR HIRING A CHIEF OF POLICE.. MR. FRANCIS PRESENTED.TO COUNCIL A PROCEDURE WHICH HE RECOMMENDED FOLLOWING IN THE SELECTION OF A CHIEF OF POLICE. T$IS. PROCEDURE WOULD INCLUDE A REVIEW BOARD TO BE SELECTED BY THE CITY MANAGER TO ASSIST IN REVIEW OF THE APPLICANTS.. SOME POSSIBLE PARTICIPAN'. WERE NAMED AS BEING WILLING TO.SERVE IN THIS CAPACITY NAMELY: BRUCE PARSONS$ S. R. DE WITT AND CHIEF MAROSITES. THE MAYOR SUGGESTED ALSO-THAT THE CITY MANAGER CONSIDER THE CHIEF OF POLICE OF. INDIALANTIC, AND RAY HENDERSON. ON THE ADVICE OF THE ATTORNEY, A NEW - ORDINANCE WILL BE PROCESSED IN THE NEAR FUTURE SETTING OUT LAW ENFORCEMENT PLAN FOR THE CITY WHICH WILL INCORPORATE THE CITY MANAGER'S PROCEDU ITEM 3. STATUS OF POLICE BUILDING MR. RHAME REPORTED THAT THE ROOF PROBLEM..WAS BEING RE- VIEWED TO DETERMINE THE BEST PLAN OF REPAIR,BY QUALIFIED CON- SULTANTS *AT NO COST TO THE CITY. ITEM 4. AUTHORIZATION FOR MAYOR TO TAKE WINDJAMMER AND SAND PEBBLES SIDEWALKS TO BOARD OF ADJUSTMENT DUE TO MR. ALLEN BEING OUT OF THE CITY AND A STATEMENT FROM HIM NOT BEING RECEIVED$ THIS ITEM WAS - POSTPONED TO THE NEXT COUNCIL MEETING, MINUTES OF 2/25/75 PAGE 2 OF 4 AND ATTACHMENT f MICROFILMED 4 -24 -80 ITEM 5. RENEWAL AND REPLACEMENT BILLS SOME DISCUSSION WAS HELD REGARDING THE EASEMENT NEEDED BEFORE INSTALLING THE MATERIALS INVOLVED. MR. SCOTT WAS ASKED TO DRAW UP A MORE LEGAL FORM OF AGREEMENT FOR EASEMENT. BY MOTION OF MAYOR MACLAY, SECONDED BY MR. SALVAGGIO, AND UNANIMOUS VOTE, INVOICES IN THE AMOUNT OF $367.50 AND $34.35 WERE APPROVED FOR PAYMENT. MR. FRANCIS INTRODUCED A MR. HUGGINS, FORMER CITY MANAGER OF ONTARIO, CANADA WHO WAS VISITING THE COUNCIL MEETING. NEW BUSINESS ITEM 1. GARBAGE CONTAINER SITUATION MR. SCOTT° REPORTED THAT HE HAD MET WITH MR. LAVIN AND HIS ATTORNEY MR. ROSE AND THAT THEY COULD NOT AGREE ON INTERPRETATION OF THE CONTRACT WITH RESPECT TO DECREASING THE NUMBER OF CONTAINERS IN THE CITY. HE-RECOMMENDED THAT THE CITY GO FOR A DECLARATORY JUDGMENT. MR.. RHAME ASKED. IF THE CITY COULD CONTINUE TO DECREASE THE AMOUNT OF THE MONTHLY BILLS UNTIL THE JUDGMENT WAS FINAL. MR. SCOTT STATED HE HAD BEEN ASSURED THAT SERVICE WOULD NOT BE INTERRUPTED BY SUCH AN ACTION UNTIL THERE WAS A RULING FROM THE COURT. MR. SALVAGGIO MOVED TO AUTHORIZE THE ATTORNEY TO PROCEED FOR A DECLARATORY JUDGMENT. MR. RHAME SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. COUNCIL'S ACCEPTANCE OF AD HOC COMMITTEE REPORT MR. RHAME MOVED THAT COUNCIL ACCEPT THE REPORT AS SUBMITTED AND THAT THE REPORT, MINUTES, AND ALL DOCUMENTS RELATING TO THE AD HOC COMMITTEE INVESTIGATION, BE FILED WITH THE CITY CLERK AS OFFICIAL RECORDS OF THE CITY. MRS. THURM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. REPEAL OR AMEND AD HOC RESOLUTION NO. 73 -62 MRS. THURM EXPLAINED SHE HAD ASKED THAT THIS ITEM BE PUT ON THE AGENDA DUE TO THE RESOLUTION BEING A DUPLICATION OF PROVISIONS IN THE CHARTER (PAGE 103). MRS. THURM MOVED TO REPEAL RESOLUTION 73 -62, MR. SALVAGGIO SECONDED THE MOTION. THE CITY ATTORNEY FELT THAT REPEAL SHOULD BE BY RESOLUTION. MR. NICHOLAS MOVED TO'TABLE THE ITEM TO THE NEXT REGULAR MEETING. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MINUTES OF 2/25/75 PAGE 3 OF 4 AND ATTACHMENT MICROFILMED 4.24.80 ITEM 4. PLANNING & ZONING MINUTES MRS. THURM READ THE PLANNING AND ZONING BOARD MINUTES OF FEBRUARY 12. DISCUSSION MR. FRANCIS REPORTED THAT THE COUNTY WOULD NOT CONSIDER DECREASING THE EMERGENCY STORM INVOICE. MR. RHAME ASKED THAT MR. FRANCIS GET A FURTHER BREAKDOWN AS TO THE CHARGES INVOLVED. MR. RHAME REPORTED THERE WOULD BE A MEETING OF THE RECREATION COMPLEX COMMITTEE ON WEDNESDAY, FEBRUARY 26, AT 7:30 P.M., AND INVITED ANYONE INTERESTED TO ATTEND. MR. SCOTT EXPLAINED THAT DUE TO THE RECENT CASE IN THE FOURTH DISTRICT COURT OF APPEALS, HE WOULD INSIST THAT ANY AND ALL BOARDS OF THE CITY ACT UNDER THE SUNSHINE LAW WITH THE PUBLICS' RIGHT TO PARTICIPATE. HE FURTHER STATED, THAT THIS PARTICIPATION COULD BE CONTROLLED BY THE CHAIRMAN BY SETTING OUT PROCEDURES. ._BY MOTION OF MR. RHAME, SECONDED BY MR. SALVAGGIO, MEETING ADJOURNED AT 9:40 P.M. APPROVED THIS 4TH DAY OF MARCH, 1975. CLERK MINUTES OF 2/25/75 PAGE 4 OF 4 AND ATTACHMENT 1 • AGREEMENT - MICROFILMED -4- 24 :80- THIS AGREEMENT, made this `nay of February, 1975, by and between the City of Cocoa Beach, hereinafter called "Cocoa Beach" and the City of Cape. Canaveral, hereinafter called "Canaveral ", WITNESSETH: WHEREAS, the City of Cape Canaveral is in the process of : moving its Police Department into new quarters, which -move should be complete within a period of ninety (90) days from date hereof and the parties wish to provide for the dispatch of Canaveral Police anti Fire vehicles and relay of emergency calla within this interim perloci; and 4 i WHR READ ,� car�aple of the move o Canaveral PoIttoe Deparftent8 - z. the panes berets wish w piovide for the relay of 911 emergency calls received, through Ul the central �+elte�dKord. do City of Cocoa Beachi $•', `�'i�}RE'P'®1y�g . =in ideration of mxtual pionniseere n :follows;. t the uYOVe the Police Department 'into their new - ;-- facilitkg an ei y caiLs from Canaveral uiring dispatching of Canaveral Pollee of Fire 1"ehic2ea s l ie_ celved In Cocoa Beach and the dis 'fix of said ' vehitde°shall be made -from ' Cmdoa Beacb. In addltton 911 calls fr+oxn ` Chnaveral r requestbW atn a service to Canaveral shall be received in Cocoa. Beach and ' dispatet by Cow. h with• the Canaveral. nofted thereofo- ' 20 Afteat th* said - • venal 1`611cebepartmea move6 all 911. alls received In Cocoa Beach (which is the central receiving center, for the two cities) shall be transf�.onced to Canaveral for reply. Said relay 6hall be by the Cocoa h operator throwing, the transfer switch on the receiving switchboard and. directly transferring the call to Canaveral. 3. No employee of Cocoa Beach shall be deemed, to assume any iiabiiity for the negligence of any Canaveral employee. 4. Each city shall pay its own costs of the 911 system as billed by the company providing the service. S. This Contract shall be cancellable by either party upon giving at least thirty (30) days advance written notice to the other party. +. _ 1 MICROFI MEO+ 4- Z4 =$OR t l �tl. „ 6 7 _� {. • IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. .. .t: ATTEST: `' CITY ,OF COCOAAEACH City Clerk ATTEST: BY: . e p.) 6toc# �, CT CITY OF CAPE CANAVERAL ty erk i mtayLpr IL ► t • i t.' s t Y t-t ,sr '. 1 .7 : ^s� '•Y � i J j. t j y III � s � �' . y: . .' k �.Y .. 1 ;_ � _. 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