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HomeMy WebLinkAbout09-22-1978 Special MeetingMICROFILMED 4 -24 -80 SPECIAL MEETING CITY COUNCIL SEPTEMBER 22, 1978 A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON SEPTEMBER 22, 1978 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR ANN H. THURM AT 5:10 P.M. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR ANN H. THURM, COUNCIL MEMBERS L.C. BOYD, P.T. LEE, J.L. MURPHY AND M.A. RIGERMAN; CITY MANAGER ANITA J. OSTROM, CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK PATRICIA J. e ` Y BEAULIEU AND SGT. AT ARMS JOAN HUDEPOHL. r ITEM 1. MOTION RE: APPROVE CONTRACTUAL CHANGES WITH SHERIFF S MAYOR THURM MOVED TO AMEND THE CONTRACT AS APPROVED ON TUESDAY, SEPTEMBER 19 WITH THE CHANGES AS OUTLINED IN MR. SCOTT'S MEMO DATED SEPTEMBER 21, 1978. MR. LEE SECONDED MOTION. MR. SCOTT'S MEMO IS ATTACHED TO THESE MINUTES. COUNCIL DISCUSSED THE CHANGES WITH ATTORNEY SCOTT. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR, MRS. BOYD, MR. LEE, MR. MURPHY AND MAYOR THURM, OPPOSED MRS. RIGERMAN. MOTION CARRIED. ` MRS. BOYD MOVED TO ADJOURN AT 5:25 P.M. MAYOR THURM SECONDED MOTION. APPROVED THIS 3RD DAY OF OCTOBER ,1978. 4 JV 0 CITY CLERK PAGE 1 OF I AND ATTACHMENT AS STATED _�.., MICROI'ILME® 4 -24 -80 MEMORANDUM Date: September 21, 1978 To: Mayor and City Council of the City of Cape Canaveral From: Richard F. Scott, Attorney for the City of Cape Canaveral Subject: Conference with Sheriff Strawn re Law Enforcement Contract The following is a summary of my conference with Sheriff Strawn on September 20, 1978, regarding the City's Law Enforcement Contract. References to paragraph numbers are those found in the contract which was signed by the City and forwarded to the Sheriff. The Sheriff agrees with the City's proposal to double all of the dates set forth in paragraph 11 pertaining to re- purchase by the City of the equipment used by the Sheriff in the event of a termination of the contract. The Sheriff agrees to reimburse the City for the cost of insurance covering all of the City's equipment and property, as is set forth in paragraph 18. The Sheriff would not accept the City's proposal in paragraph 13 that the City have the right of a courtesy review of rules and regulations which may be promulgated by. the Sheriff. It should be noted that the City had no right, other than the right to comment, upon such rules. Obviously, the City would still have this right as said rules. are promulgated by the Sheriff. The Sheriff would not agree to the City's proposal in paragraph 16 that he provide a quarterly report and an annual report of accountability of funds spent and an annual independent audit to be furnished by the Auditor General's office, The Sheriff did agree that the City would have the right to examine the monthly payroll printouts during the term-of the contract as it pertains to the Cape Canaveral expenses, and that, further, at the end of the fiscal year he would furnish the City with the figures showing the actual cost of operation of the Cape Canaveral Division. The Sheriff was of the opinion that no arrangement has been made with the Auditor General to provide an audit, as was proposed by Sheriff Zimmerman, and that he has no information in his office that would indicate that such an audit would be available through the Auditor General, or even in a timely fashion. Since he has agreed to furnish the City with the actual costs of the Canaveral operation, the City will at least have the opportunity to examine and make its own analysis of the cost figures as compared to the total contract price. Y � , s A A� MICROFILMED 4.24 -80 The Sheriff did not accept the proposal set forth in paragraph 17 pertaining to the Sheriff's right to enlarge or modify the Cape Canaveral Police Building. This really has no effect on the City, since it was voluntary on the part of the Sheriff to request such modifications or enlargements. It was the Sheriff's thought that he had no intention whatsoever of making any capital or cost expenditures to the Cape Canaveral building during the term of this contract and felt that this section was not necessary. The Sheriff chdnot accept the City's proposal in paragraph 21 that either of the parties would have the obligation to notify the other of their intent not to continue the agreement past September 30th expiration date. The Sheriff feels that if the contract is to be continued beyond September 30th the parties would begin negotiations well in advance of the date of expiration, and would therefore have some idea as to whether or not there mould be a continuing contract, and that the 90 days notification in advance would be unnecessary. The Sheriff did not accept the City's proposal in paragraph 26 regarding the contingency fund, in that he would not accept the City's position that the parties would have to agree before the Sheriff could take any of the funds from any of the contingency funds. The Sheriff feels this is an agreement to agree in the future, and is too vague and ambiguous, and that the contract should be more specific. Based on the Sheriff's position on this paragraph, he would. have the right to use those contingency funds as he deemed in his own judgment that they were necessary. This is the way it was originally proposed by Sheriff Zimmerman and was presented to the City. The above items are the matters which need to be discussed by the City at the special meeting to be held on Friday, September 22nd at 5:00 p. m. I have -reviewed the contract with the Sheriff and we have made certain revisions that the City had proposed, and the above items are the only major items left for discussion. The Sheriff emphasized to me that he wished to have a contract with the City that would provide no risk to hire other than what is spelled out in the contract. The Sheriff is pleased with the general operation and result of the Cape Canaveral Division and feels it is in the best interests of both the City and Sheriff's Department to continue this contract. He, apparently, plans to make no serious or major changes in the present operation, but would like to know exactly where he stands when the contract is signed, at least financially. If you have any questions, we shall discuss these at the upcoming meeting. .j