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Home My WebLink About07-15-1975 Regular MeetingS y REGULAR MEETING CITY COUNCIL JULY 15, 1975 MICROFILMED 4 -24 -80 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON JULY 15, 1975 AT CITY HALL] 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7 :30 P.. M. THE MEETING WAS CALLED TO ORDER BY MAYOR PRO TEM E. H. RHAME . THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR PRG. MCE:. HARRISON RHAME, COUNCILMAN G. J. SALVAGGIO® AND MRS. ANN THURM. CITY MANAGER ALBERT J. FRANCIS, CITY ATTORNEY STANLEY WOLFMANB CITY CLERK ANITA J. OSTROM. THE MINUTES OF JULY 8 WERE CORRECTED BY DELETING, THE PHRASE, "AFTER HE HAD REVIEWED THE CONTRACT ".ON LINE 12, PAGE 3. THE MINUTES WERE APPROVED AS CORRECTED. UNFINISHED BUSINESS ITEM 1. ORDINANCE 10 -75 ESTABLISHING COMPREHENSIV: ZONING 2ND READING CONTINUED - BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UNANIMOUS VOTE, THIS ITEM WAS CONTINUED TO THE NEXT REGULAR.MEETING. NEW BUSINESS ITEM 1. ORDINANCE 18 -75 AMENDING ORD. 30 -73 RE: ST READING MR. RHAME READ THE ENTIRE ORDINANCE ENTITLED : - AN ORDINANCE AMENDING ORDINANCE NO. 30 -73 EXCEPTING INCOMING DOCUMENTS,.PAPERS, LETTERS AND OTHER MATERIAL ADDRESSED TO CITY OF CAPE CANAVERAL'POLICE DEPARTMENT, FROM BEING OPENED AND LOGGED BY THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UNANIMOUS VOTE, FIRST READING WAS APPROVED. THE CITY ATTORNEY WAS PSKED TO CHECK OUT LAWS CONCERNING PUBLIC RECORDS AND_REPORT'BACK TO COUNCIL BY SECOND READING OF.THIS ORDINANCE. 9 t MICROFILMED 4 -2480 ITEM 2. AUTHORIZATION FOR APPROVAL OF.SIGNING OF CONTRACT AND PAYMENTS TO THE COUNTY FOR LIFEGUARD SERVICE MR. RHAME READ THE PROPOSED CONTRACT. MR. SALVAGGIO MOVED FOR APPROVAL. MRS. THURM SECONDED THE MOTION. MRS. THURM MOVED TO AMEND THE CONTRACT BY THE FOLLOWING CORRECTIONS: .ON PAGE le. PARAGRAPH 1, LOCATION OF SERVICES TO BE CHANGED TO GRANT AND "NORTH*CITY LIMITS." ON PAGE 2, PARAGRAPH 3, IN LINE 5, AFTER THE WORD. "PARTIES" INSERT., "IT IS UNDER- STOOD THAT THE PERSONNEL WILL CONSIST OF SIX LIFEGUARDS AND ` ONE TEAM CAPTAIN." ON PAGE.2', PARAGRAPH 3, LINE 3, CHANGE THE WORDS "CAPE CANAVERAL BEACH" TO READ "OCEAN BEACH OF CAPE CANAVERAL." MR. SALVAGGIO SECONDED THE MOTION TO AMEND. MOTION CAMED UNANIMOUSLY m VOTE ON THE MAIN MOTION AS . AMENDED ` WAS UNANIMOUS.. MOTION CARRIED. ITEM 3._ RESIGNATION OF PLANNING &-ZONING BOARD MEMBER a MRS READ THE LETTER of RESIGNATION ' FROM MR. ROY MOELLER AND STATED THAT.*THE PLANNING AND ZONING BOARD HAD ACCEPTED MR. MOELLER°S RESIGNATION WITH REGRET. MRS. THURM MOVED THAT THE COUNCIL ACCEPT THE RESIGNATION WITH REGRET AND THAT A LETTER OF APPRECIATION BE FORWARDED TO MR. MOELLER. MR. SALVAGGIO SECONDED THE MOTION. MOTION`, CARRIED UNANIMOUSLY® ITEM 4. AUTHORIZATION FOR PORT STUDY MR. FRANCIS STATED THAT THE -PORT AUTHORITY HAD 'AGREED TO PAY ONE —HALF ($900.00) -OF THE ANTICIPATED-$1,800.00 COST FOR THE PORT STUDY. MRS. THURM STATED THAT SHE DID NOT FEEL THIS STUDY WAS NECESSARY AT - THIS:TIME AND. FURTHER THAT -THE CITY SHOULD NOT PAY OUT MONEY FOR SOMETHING THAT WAS A DIRECT RESULT OF PORT EXPANSION. IT WAS BROUGHT OUT THAT THE.. PORT AUTHORITY WOULD'BE HOLDING A PUBLIC HEARING ON NEW REGULATIONS WHICH WOULD PERHAPS SOLVE THE SEWERAGE PROBLEM. MRS, THURN MOVED THAT THIS ITEM BE HELD UNTIL AFTER THE, PUBLIC HEARING MEETING BY THE PORT AUTHORITY. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. AT THIS TIME THE FLOOR WAS OPEN FOR DISCUSSION ITEMS. MR. RHAME ANNOUNCED THAT THE GROUND BREADING ON THE RECREATION COMPLEX WOULD BE HELD AT 2:00 P.M. ON FRIDAY► MINUTES OF 7- 15-75 PAGE 2 OF 3 MICROFILMED 4.24 -80 r .JULY 18. MR. SALVAGGIO ASKED ABOUT A MOBILE HOME LOCATED'. ON OAK LANE IN VIOLATION OF THE ZONING ORDINANCE.. HE ALSO STATED THAT THERE WERE TWO TRAILERS. IN SOUTHGATE TRAILER PARK WHICH WERE NOT ON SEWER AND ASKED -THAT THE BUILDING OFFICIAL CHECK OUT THESE'ITEMS. MR..RHAME COMMENTED ON THE RECENT CLEAN —UP PROGRAM IN THE CITY. THANKING THOSE WHO HAD PARTICIPATED AND ASKED THAT THEIR NAMES BE A PART OF THIS RECORD. PERSONS SERVING WERE: A. D. ANDERSON, BOBBY ELLEN, BOB ELLEN, WANDA ELLEN, JEFF STOVER, DON DOWNEY, f SANDY KEANE, NOLBERTO GARCIA, FRANK KLOTZ, ERNEST HOELPERLs, JOAN RHAME, MARK,.RHAME, CHARLES ROSS, ANN THURM, ALBERT FRANCIS, PETER CARLINI, PAUL CARLINI, GEORGE CARLINI,-JOHN BUTLER, AND ;CHARLZE� iMUHS MR. WOLFMAN ANNOUNCED `THAT HE HAD RECEIVED THE DECISION FROM APPELLATE COURT REGARDING THE FIRST INTERSTATE RPUD. HE STATED THAT THE COURT HAD UP HELD THE JUDGMENT HANDED DOWN FROM CIRCUIT COURT AND THAT IF THE CITY WERE TO. FURTHER APPEAL IT WOULD BE IN THE FORM OF A MOTION FOR RE- HEARING IN THE DISTRICT COURT. NO DECISION WAS MADE AT THIS MEETING. BY MOTION OF- MRS. THURMl .'SECONDED BY MR. SALVAGGIO, THE MEETING WAS ADJOURNED AT 8:35 P.M. APPROVED THIS 22ND DAY OF JULY , 1975. MAYOR PRO`.TEM MINUTES OF 7 -15 -75 PAGE 3 OF 3 W 2 T N E S S E T H WHEREAS, the City is desirous of obtaining the services of the County in providing qualified personnel-, for lifeguards at designated recreational facilities; and WHEREAS, the provision of such services by.the County will mutually benefit the parties hereto and the residents of Brevard County, Florida; and F WHEREAS, the County may provide parks, preserves, recreation areas and other recreation facilities pursuant to the provisions of Section 125.01(1)(f), Florida Statutes; and WHEREAS, the parties hereto may enter into inter- local agreements with other governmental agencies pursuant to provisions of Section 163.01, Florida Statutes.. NOW, THEREFORE, in consideration of the.covenants . herein contained it is mutually agreed between the parties as follows: 1. Term: The County hereby agrees -to provide lifeguArd service for that portion of Cape Canaveral Beach located between Grant and North City Limits for the period commencing March 28, 1975 and terminating September 1, 1975. 2. Payment.: For services provided the City, the City agrees.-to pay to the County the sum of $2500.00 , 4> M IGROFILMED 4- 24.80 which amount shall be due and payable in accordance with the schedule attached hereto and made a part hereof by this reference. Payment of all bills submitted by the County for the services herein set forth shall be due and payable within fifteen (15) days of the date of receipt of same by the City. 3. Services: The County hereby agrees to provide all personnel necessary to adequately provide lifeguard service at Ocean Beach of Cape Canaveral between the hours of 10:00 a.m. and 5:00 p.m. or at such other times mutually agreed upon by the parties. It is understood that that the personnel will consist of six lifeguards and one team captain. Said personnel shall be on duty-on weekends only for the period commencing March 28, 1975 and terminating September 1, 1975 and shall not be on duty daily, seven (7) days per week. At all other times during the term of this Agreement,.scheduling of said lifeguards within the above framework will be at the discretion of the County. The parties hereby mutually agree and understand that in the event of inclement weather or any other incident or occurrence which, in the opinion of the County, requires the closing of all or part of said Beach for the protection of the publi.c,_the County may, in its sole discretion, discontinue all or part of its lifeguard service in the affected area for the duration of such condition, incident or occurrence. The County hereby agrees to cooperate fully with the City in all matters relating to the safety of said Beach and the performance of the terms of this Agreement and to provide all equipment required for the performance of the services herein set forth.' The City:hereby agrees to establish and coordinate emergency operations and procedures with the City police and fire. departments for re- sponding to emergencies occurring at the 'beach or recreational facilities adjacent thereto. j 2 _ e. • r` til - MICROFILMED 4.24 -80 4. Assignment: Neither the City nor the County, its assigns or representatives shall enter into any agree- ment-with third parties to delegate any or all of the rights or responsibilities herein set forth without the prior written approval of the other party. 5. Termination: Violation of any of the provisions of this Agreement shall result in the termination upon seven (7) days written notice thereof to the breaching party. 6. Notice: Notice under this Agreement shall be given to the County by delivering written notice to the Administrative Director; Brevard County Courthouse, Titusville, Florida 32780,.and notice shall be given to the City by delivering written notice to the City Manager, Cape Canaveral City Hall, Cape Canaveral, Florida. IN WITNESS "WHEREOF the parties hereto have hereunto set their hands and seals on the day and year first above- written. BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF BREVARD : B Y V.* is to certify that fhe I &O$61fig M a Lee Wenner, Chairman e & correct co0y 't K• witness' my A*b d and official seal thi day d Attest: CURTIS R, BARNES Clerk Circuit .Court Curtis 9R.Ba—rnes, Clerk 13Y ' 041 CITY OF CAPE CANAVERAL By: E Harrison Rh Pro'',tem Attest: Anita J.. Ostt6m, ty, 'Clerk >' 3 -