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Home My WebLink About08-07-1979 Regular MeetingMICROFILMED 4 -24 -80 CITY COUNCIL REGULAR MEETING AUGUST 7, 1979 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON AUGUST 70 1979 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR JOHNSON L. MURPHY, JR. AT 7:31 P.M. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR JOHNSON L. MURPHY, JR., COUNCIL MEMBERS L.C. BOYD, J. CALVERT, P.T. LEE AND W. RUTHERFORD; CITY ATTORNEY RICHARD F. SCOTT, CITY MANAGER ANITA J. OSTROM AND CITY CLERK PATRICIA J. BEAULIEU AND SGT. AT ARMS PHYLLIS NELSON. THE MINUTES OF THE REGULAR MEETING OF JULY 17, 1979 WERE APPROVED AS READ. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 10 -79 RE: AMENDING ZONING ORDINANCE NO. - 7 SECTION '7 . MINn4LJM LOT AREA (SECOND READING TABLED 7 -17 -79 MEETING ATTORNEY SCOTT ADVISED THAT THIS ORDINANCE BE REMOVED FROM THE TABLE AND PLACED BEFORE THE ASSEMBLY. MRS. BOYD SO MOVED. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MURPHY REQUESTED THE CITIZENS IN THE AUDIENCE VOICE THEIR OPINIONS ON THE ORDINANCE. THE FOLLOWING CITIZENS SPOKE IN OPPOSITION TO THE ORDINANCE: GEORGE FIRKINS, DR. CHARLES PINDZIAK SPOKE FOR HIMSELF AND HIS FATHER MR. CHARLES PINZAK, NICHOLI LUCIANO, MARGARET DAILEY AND NORMA TOWNSEND. THE FOLLOWING CITIZENS SPOKE IN FAVOR OF THE ORDINANCE: ATTORNEY LEONARD SPIELVOGEL, REPRESENTING DR. HOLT, OWNER OF THIRTEEN LOTS EAST OF HARBOR HEIGHTS SUBDIVISION; GEORGE WOLEVER, TOM JONES, RON PRIEST AND BILL KALEN. MR. KALEN PRESENTED A PETITION SIGNED BY FOUR'CAPE CANAVERAL RESIDENTS STATING THAT THEY WERE IN FAVOR OF THE ORDINANCE. SUBJECT PETITION IS ATTACHED TO THESE MINUTES. MICROFILMED 4 -24 -80 MAYOR MURPHY CALLED FOR THE VOTE ON THE MOTION ON THE FLOOR FROM THE JULY 17 MEETING FOR ADOPTION OF ORDINANCE NO. 10 -79. MOTION PASSED UNANIMOUSLY. ORDINANCE NO. 10 -79 ADOPTED. MR. LEE HAS FILED A CONFLICT OF INTEREST FORM #4 PERTAINING TO HIS VOTE ON ORDINANCE NO. 10 -79. SUBJECT FORM IS ATTACHED TO THESE MINUTES AND MADE A PART OF THE RECORD. ITEM 2. ORDINANCE NO. 11 -79 RE: CONTROL OF TRUCK TRAFFIC ON CITY STREETS SECOND READING MAYOR MURPHY READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE ESTABLISHING CHAPTER 685 OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ENTITLED "TRUCK TRAFFIC ORDINANCE ", AN ORDINANCE ESTABLISHING TRUCK ROUTES IN THE CITY; DESIGNATING CERTAIN OTHER STREETS IN THE CITY FOR TRUCK TRAFFIC; PROVIDING FOR ENFORCEMENT; PRESCRIBING PENALTIES FOR VIOLATION OF PROVISIONS; REPEALING ALL PARTS OF CITY CODE OR ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; ESTABLISHING AN EFFECTIVE DATE. MRS. BOYD MOVED FOR ADOPTION. MRS. CALVERT SECONDED MOTION. ATTORNEY SCOTT HAD PREPARED AN AMENDMENT TO SECTION 685.05 WHICH DESIGNATED THE TRUCK ROUTES AS AIA AND 401. MAYOR MURPHY READ THE AMENDMENT AS FOLLOWS: "(1) OUTSIDE ORIGIN (a) OUTSIDE DESTINATION POINT. ALL TRUCKS ENTERING THE CITY FOR DESTINATION POINTS OUTSIDE THE CITY SHALL OPERATE ONLY OVER STATE HIGHWAYS AIA AND 401. (b) INSIDE DESTINATION POINT. (i) ONE INSIDE DESTINATION POINT. ALL TRUCKS .ENTERING THE CITY FOR A DESTINATION POINT IN THE CITY SHALL PROCEED ONLY OVER AN ESTABLISHED TRUCK ROUTE AND SHALL DEVIATE ONLY AT THE INTERSECTION WITH THE STREET, UPON WHICH SUCH TRAFFIC IS PERMITTED, NEAREST TO THE DESTINATION POINT, A DEVIATING TRUCK SHALL RETURN TO THE TRUCK ROUTE BY THE SHORTEST PERMISSIBLE ROUTE. (ii) MULTIPLE INSIDE DESTINATION POINTS. ALL TRUCKS ENTERING THE CITY FOR MULTIPLE DESTINATION POINTS SHALL PROCEED ONLY OVER ESTABLISHED TRUCK ROUTES AND SHALL DEVIATE ONLY AT THE INTERSECTION WITH THE STREET, UPON WHICH SUCH TRAFFIC IS PERMITTED, NEAREST TO THE FIRST DESTINATION POINT. UPON LEAVING THE FIRST DESTINATION POINT A DEVIATING TRUCK SHALL PROCEED TO OTHER DESTINATION POINTS BY THE SHORTEST DIRECTION AND ONLY OVER STREETS UPON WHICH SUCH TRAFFIC IS PERMITTED. UPON LEAVING THE LAST DESTINATION POINT, A DEVIATING TRUCK SHALL RETURN TO THE TRUCK ROUTE BY THE SHORTEST PERMISSIBLE ROUTE." MRS. BOYD MOVED TO AMEND THE ORDINANCE AS READ BY MAYOR MURPHY. MRS. CALVERT SECONDED MOTION. ,AUGUST 7 1979 COUNCIL kINUTES PAGE 2 OF 7 PAGES WITH ATTACHMENTS 1 1 1 MICROFILMED 4 -24 -80 MRS. CALVERT BROUGHT UP THE QUESTION OF STOPPING TRUCK TRAFFIC ON 401. IT WAS DETERMINED THAT THIS WAS NOT FEASIBLE. DISCUSSION FOLLOWED ON THE NEED TO POST SIGNS ON ALL STREETS WHERE TRUCK TRAFFIC WAS PROHIBITED AND THE EXTENSIVE COST OF THE NECESSARY SIGNS. IT WAS SUGGESTED THAT RIDGEWOOD BE POSTED AT EACH END, SCHOOL STREETS AND AREAS AROUND PARKS BE POSTED FIRST WITH BALANCE OF AFFECTED STREETS TAKEN CARE OF AS THE SIGN BUDGET ALLOWS. ATTORNEY SCOTT SUGGESTED THAT THE SIGNS READ, "TRUCKS OVER 5 TONS PROHIBITED ". MOTION ON THE FLOOR TO AMEND THE ORDINANCE PASSED UNANIMOUSLY. MAIN MOTION CARRIED UNANIMOUSLY. ORDINANCE NO. 11 -79, AS AMENDED, ADOPTED ON SECOND READING. ITEM 3. ORDINANCE NO. 12 -79 ADOPTION OF BREVARD COUNTY ANM CONTROL ORDINANCE (SECOND I MAYOR MURPHY.READ THE ORDINANCE ENTITLED: AN ORDINANCE ADOPTING BREVARD COUNTY, FLORIDA ORDINANCE NO. 77 -39 RELATING TO ANIMAL CONTROL, WHICH ORDINANCE IS ADOPTED FOR THE REGULATION OF ANIMAL CONTROL WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; BY DESIGNATING ALL PUBLIC PARKS AND BEACHES AS AREAS IN WHICH ANIMALS ARE PROHIBITED; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MRS. BOYD MOVED FOR ADOPTION. MR. RUTHERFORD SECONDED MOTION. ATTORNEY SCOTT EXPLAINED THAT IN ORDER TO COVER THE POSSIBILITY OF THE CITY - EMPLOYING AN ANIMAL CONTROL OFFICER IN THE FUTURE, HE WAS PROPOSING TO ADD A NEW SECTION 3 AND RENUMBERING PRESENT SECTION 3 TO 4 AND 4 TO 5. AMENDMENT TO SECTION 3 READ AS FOLLOWS: "ANIMAL CONTROL OFFICER SHALL MEAN THE PERSON OR PERSONS APPOINTE BY-,CONTRACTED WITH OR EMPLOYED BY THE BOARD OF COUNTY COMMISSIONERS PURSUANT TO SECTION 4 -3 OR BY THE CITY OF CAPE CANAVERAL, FLORIDA TO CARRY OUT THE DUTIES AND ENFORCEMENT OF THIS ORDINANCE." MR. LEE MOVED TO AMEND THE ORDINANCE AS READ BY ATTORNEY SCOTT. MRS. BOYD SECONDED MOTION. VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY. VOTE ON THE MAIN MOTION PASSED UNANIMOUSLY. ORDINANCE NO. 12 -79, AS AMENDED, ADOPTED ON SECOND READING. AUGUST 7, 1979 COUNCIL MINUTES PAGE 3 OF 7 PAGES WITH ATTACHMENTS MICROFILMED 4-24.80 ITEM 4. BID FOR FLOATING AERATOR MAYOR MURPHY EXPLAINED THAT SINCE THE LAST COUNCIL MEETING, THE CITY ENGINEERS, BRILEY, WILD & ASSOCIATES, REVIEWED ALTERNATIVES REGARDING THE BID FOR FLOATING AERATOR AND HAVE DECIDED TO RECOMMEND THAT THE CITY AWARD THE BID TO THE SINGLE BIDDER, CLOW CORPORATION FOR $20,977 CONTINGENT UPON 10 WEEK DELIVERY DATE AS OFFERED BY CLOW IN THEIR LETTER OF AUGUST 1. MAYOR MURPHY MOVED TO ACCEPT BRILEY, WILD'S RECOMMENDATION AND AWARD THE BID FOR FLOATING AERATOR FOR $20,977 CONTINGENT UPON 10 WEER. DELIVERY DATE. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. NEW BUSINESS ITEM 1. RESOLUTION NO. 79 -31 RE: APPOINTMENT OF DEPUTY T'PV CTTPT?P MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION APPOINTING A DEPUTY CITY TREASURER; PROVIDING AN EFFECTIVE DATE MAYOR MURPHY MOVED TO ADOPT THE RESOLUTION APPOINTING LOWELL A. BARKER AS DEPUTY CITY TREASURER. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION NO. 79 -32 RE: INTERLOCAL AGREEMENT WITH BREVARD COUNTY FOR ANIMAL CONTROL SERVICES MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA FOR THE PROVISION OF ANIMAL CONTROL SERVICES; PROVIDING AN EFFECTIVE DATE. MR. RUTHERFORD MOVED FOR ADOPTION. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. MOTION RE: WAIVING TENNIS COURT FEES FOR AMERICAN CANCER SOCIETY AND RACQUETB, L COM FEES FOR MUSCULAR DYSTROPHY UPCOMING TOURNAMENTS MRS. BOYD EXPLAINED THAT THE CHAIRMAN OF THE RECREATION BOARD HAD CONTACTED A MAJORITY OF THE MEMBERS OF THE BOARD AND THAT THEY WERE REQUESTING COUNCIL WAIVE TENNIS COURT FEES FOR THE AMERICAN CANCER SOCIETY TENNIS TOURNAMENT ON OCTOBER 20, 1979 AND WAIVE THE RACQUETBALL COURT FEES ON SEPTEMBER 2, 1979 FOR THE CONSOLATION PORTION OF THE MUSCULAR. DYSTROPHY TOURNAMENT. AUGUST 7, 1979 OY I PA E$ WITH ATTACHMENTS 1 1 1 1 MICROFILMED 4 -24 -80 MRS. BOYD MOVED THAT COUNCIL WAIVE TENNIS COURT-FEES FROM 8:00 A.M. TO 2:00 P.M. ON SATURDAY, OCTOBER 20, 1979 AS A DONATION FOR THE AMERICAN CANCER SOCIETY AND WAIVE RACQUETBALL COURT FEES SUNDAY, SEPTEMBER 2, 1979 AS A DONATION FOR MUSCULAR DYSTROPHY. MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. MOTION RE: AWARDING OF BID FOR PURCHASE OF PICK- UP TRUCK FOR WASTEWATER TMENT PLANT MAYOR MURPHY EXPLAINED THAT THE CITY HAD RECEIVED TWO BIDS IN RESPONSE TO THE RECENT AD. BIDS RECEIVED WERE AS FOLLOWS: BOB DANCE CHRYSLER DODGE, MERRITT ISLAND 1978 DODGE 1/2 TON PICK -UP MODEL D100 13,800 MILES PRICE: $3,600 LESS $200 FOR DATSUN PICK -UP CARL SCHMIDT MOTORS, INC., MELBOURNE 1976 FORD 1/2 TON PICK -UP MODEL F -100 NO MILEAGE LISTED ON BID PRICE: $3,015 INCLUDING DATSUN TRADE IN MAYOR MURPHY EXPLAINED THAT MR. BORING HAD LOOKED AT THE VEHICLES AND FOUND THAT THE FORD HAD OVER 40,000 MILES. MR. BORING HAD RECOMMENDED THE 1978 DODGE DUE TO THE FACT THAT IT WAS IN GOOD CONDITION AND HAD LOW MILEAGE. MR. LEE MOVED TO AWARD THE BID TO BOB DANCE CHRYSLER DODGE FOR $3,400. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 5. MOTION RE: REQUEST BOARD OF ADJUSTMENT CONSIDER SPECIAL EXCEPTION TO ALLOW MOSILE HOME AWASTE- WATER TREATMEN MAYOR MURPHY MOVED TO APPLY FOR SPECIAL EXCEPTION FOR MOBILE HOME AT SEWER PLANT. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR MURPHY EXPLAINED THAT THE PURPOSE OF PLACING THE MOBILE HOME AT THE SEWER PLANT WAS FOR PLANT OPERATION AND SECURITY. IT WAS BROUGHT OUT THAT THE TOTAL OF STOLEN ITEMS AT PLANT CAME TO $1,378 AND TOTAL OF 1977 -78 MILEAGE COSTS FOR NIGHT PLANT CHECKS CAME TO $1,957 AND 1978 -79 MILEAGE COSTS CAME TO $1,607. ITEM 6. MOTION RE: AUTHORIZATION TO ADVERTISE FOR BIDS N HARBOR HEIGHTS RE-SURFACING MAYOR MURPHY EXPLAINED THAT THE PURPOSE OF THIS ITEM ON THE AGENDA WAS TO GET FIRM COSTS ON WHAT IT WOULD COST FOR THE REPAVING OF HARBOR HEIGHTS. HE ALSO STATED THAT THE BID ADVERTISEMENT WOULD CONTAIN A CLAUSE MAKING BIDS BINDING FOR 90 DAYS WHICH WOULD GIVE SUFFICIENT TIME TO EXPLAIN ALL THE ASPECTS OF THE PROJECT TO THE HARBOR HEIGHTS RESIDENTS. 7 1979 MICROFILMED 4 -24 -80 MR. LEE MOVED TO ADVERTISE FOR BIDS. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 7. MOTION RE: APPOINTING ALTERNATE TO 201/208 WATER RESOURCES PLANNING ADVISORY COMMITTEE MRS. BOYD EXPLAINED THAT NEW REVISIONS HAVE REDUCED THE VOTING DELEGATES PREVIOUSLY ALLOWED BY EACH CITY. THE NEW RULES ALLOW ONE REPRESENTATIVE AND ONE ALTERNATE. MRS. BOYD MOVED TO APPOINT BRILEY, WILD ENGINEER STEVE THAYER AS THE ALTERNATE MEMBER TO THE 201/208 WATER RESOURCES PLANNING ADVISORY COMMITTEE. MR. RUTHERFORD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 8. DISCUSSION RE: COMPREHENSIVE PLAN MR. RUTHERFORD EXPLAINED THE STATUS OF THE LOCAL PLANNING AGENCY'S REVIEW OF THE COMPREHENSIVE PLAN AND SUGGESTED THAT COUNCIL COMMENCE THEIR REVIEW PROCESS AS SOON AS POSSIBLE. HE INFORMED COUNCIL THAT THE LOCAL PLANNING AGENCY FELT THE TRAFFIC ELEMENT SHOULD HAVE A TOP PRIORITY IN THIS REVIEW PROCESS DUE TO THE LACK OF RIGHTS OF WAY FOR STREETS IN THE NORTHERN SECTION OF THE CITY AND THE LIKELY PROBABILITY OF CONSTRUCTION IN THAT AREA. A SPECIAL WORKSHOP WAS SET FOR THURSDAY, AUGUST 23, AT 7:30 P.M. FOR COUNCIL'S REVIEW OF THE TRAFFIC ELEMENT OF THE COMPREHENSIVE PLAN. ITEM 9. DISCUSSION RE: EXPANSION OF SEWER PLANT DISCUSSION FOLLOWED ON THE POSSIBILITY OF APPLYING FOR A GRANT FOR EXPANSION OF THE SEWER PLANT AND THE STATUS OF THE COUNTY'S 201 STUDY. NO ACTION ON THIS ITEM. DISCUSSION MAYOR MURPHY BROUGHT UP THE SUBJECT OF MR. GEORGE FIRKINS LETTER TO THE CITY CONCERNING CEVESCO'S OFFER TO SELL THE PROPERTY ADJACENT TO THE SEWER PLANT TO THE CITY. MAYOR MURPHY OFFERED TO CALL MR. FIRKINS TO INFORM HIM THAT THE CITY IS WAITING TO HEAR FURTHER WORD FROM THE 201 STUDY GROUP BEFORE. ANY ACTION ON THIS MATTER. AWG= 7, 1979 COUNCIL MiN[TTES PAGE 6 OF 7 PAGES WITH ATTACHMM f 1 u a MICROFILMED 4 -24 -80 MRS. BOYD ANNOUNCED THE BREVARD LEAGUE MEETING ON MONDAY, AUGUST .13. MR. LEE QUESTIONED WHETHER OR NOT THE COUNCIL INTENDED TO USE THE PUBLIC ADDRESS SYSTEM WHICH WAS NOW AT THE FIRE DEPARTMENT FOR THE COUNCIL CHAMBERS. MAYOR MURPHY REQUESTED THAT THE CITY MANAGER GET A COST ESTIMATE ON MAKING THE SYSTEM OPERATIONAL PRIOR TO REPAIRING THE SYSTEM. ATTORNEY SCOTT INFORMED COUNCIL THAT HE WOULD HAVE A REPORT ON THE TWEED VS. CITY CASE AT THE NEXT WORKSHOP. AT 10:10 P.M. MAYOR MURPHY MOVED TO ADJOURN. MRS. CALVERT SECONDED MOTION. MEETING ADJOURNED. APPROVED THIS 21st DAY OF August 1979. (11� AUGUST 7, 1979 COUNCIL MINUTES PAGE 7 OF 7 PAGES WITH ATTACHMENTS MICRO_ FILMED 4 -24.80 FORW DATE ON WHICH VOTE OCCURRED: MEMORANDUM OF VOTING CONFLICT PART A ,,,,,,��'�� Name: — 46K 'f I i Telephon -1 7g3 `3OD (LAST) (FIRST) (MIDDLE) ( c) (NUMBER) Address: -24_ k3;L9011.0 (STREET) (CITY) (ZIP CODE) (COUNTY) PART B Agency is a unit of [check one] : ) State of Florida; (K) County, City or other Political Subdivision Name of Agency: Position held in Agency: PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes § 1123143 (1975)] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to l.__�ur special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest bef6w. 1. Description of the matter upon which you voted in your official capacity: 4-0-7— !!�; / -F, > A.d . N 2. Description of the personal, private, or professional interest you have in the above matter which inures to -your special private gain or the special private gainof any principal by whom you are retained: 3. Person or principal to whom the special gain described above will inure: a. (') Yourself b. ( ) Principal by whom you are retained: (NAME) PART D FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest pis s; ou vote, however, the conflict must be disclosed pursuant to the requirements described above. PART SIGNATURE OF PE ATE SIGNED NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1975), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4- EFF. 1/1/77' FORM 4A, DISCLOSURE OF BUSINESS T Y S T'1 O , RELATIONSHIP, OR INTEREST PART A Name: (LAST) Address: (FIRST) Telephone: (MIDDLE) (A/C) (NUMBER r (CITY) (ZIP CODE) (COUNTY) PART B Filing as a: ( ) Public Officer, ( ) Public Employee;, ( ) Advisory Board Member Agency is a unit of [check one]: ( ) State of Florida; ( ) County, City or other Political Subdivision Name of Agency: Position held in agency: Date on which term of office or employment began: PART C DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER [Required by §112.313(12), Florida Statutes (1977) ] WHO MUST COMPLETE THIS PART Sections 112.313(3) and 112.313(7), Florida Statutes, prohibit certain business relationships on the part of public officers and employees, including persons serving on advisory boards. See Part III, Chapter 112: Florida Statutes and /or the brochure entitled ' A Guide to the Sunshine Amendment and Code of Ethics ffor Public Officers, Candidates and Employees" for more details on these prohibitions. However, Section 112.313(12), Florida Statutes (1977) permits the appointing. official or body to waive these requirements in a particular instance provided: (a) waiver by the appointing body must be upon a two - thirds a rmative vote of that body; or (b) waiver by the appointing person may be effected after a public hearing; and (c) in either case the advisory board member must fully disclose the transaction or relationship which would otherwise be prohibited by Subsections (3) or (7) of Section 112.313, Florida Statutes. This Part of Form 4A has been prescribed by the Commission on Ethics for such disclosure, if and when applicable to an advisory board member. Please complete the following only if required to do so in light of the above: 1. The partnership, directorship, propprietorship, ownership of a material interest, position of officer, employment, or contractual relationship which would otherwise violate Subsection (3) or (7) of Section 112.313, Florida Statutes is held by: ( ) The reporting person; Pursuant to Section 112.313(3), Florida Statutes: ( ) Spouse of reporting person whose name is or ( ) Child of the reporing person whose name is 2. The particular transaction for which this waiver is to be granted involves: a. Supplying the following realty, goods and /or services: b. The following business entity will supply these commodities: c. The relationship of the undersigned advisory board member or spouse or child of such advisory board member to the person or business entity transacting this business is [check applicable spaces]: ( ) Officer; ( ) Partner; ( ) Associate; ( ) Employee; ( ) Sole Proprietor; ( ) Stockholder; ( ) Director; ( ) Owner of in excess of 5% of the assets or capital stock in such business entity; ( ) Public Officer or employee holding a contractual relationship with such business entity; ( ) Other, please describe: PART D DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY [Required by §112.313(12)(e), Florida Statutes (1977) ] WHO MUST COMPLETE THIS PART Sections 112.313(3) and 112.313(7), Florida Statutes prohibit certain business relationships on the part of public officers and employees. See Part III, Chapter 112, Florida Statutes and /or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers, Candidates and Employees" for more details on these prohibitions. However, Section 112.313(12)(e), Florida Statutes (1977) provides an exemption from the above - mentioned restrictions In the event that the business entity involved is the only source of supply within the political subdivision of the officer or employee. In such cases the officer's or employee's interest in the business entity must be fully disclosed to the governing body of the political subdivision. This Part of Form 4A has been prescribed by the Commission on Ethics for such disclosure, if and when applicable. Please complete the following only if required to do so in light of the above: 1. The goods or services being supplied by a business entity with which the undersigned public officer or employee or spouse or child of such officer or employee is involvedinclude(s) 2. The business entity which is the only source of supply of the above goods or services within the political subdivision is: (NAME OF ENTITY) (ADDRESS) 3: The interest of the undersigned public officer or employee or spouse or child of such officer or employee in the business entity named in Item 2 above is [check applicable spaces]: ( ) Officer, ( ) Partner; ( ) Associate; ( ) Employee;( ) Sole Proprietor; ( ) Stockholder; ( ) Director; ( ) Owner of in excess of 5% of the assets or capital stock in such business entity; ( ) Public Officer or Employee holding a contractual relationship with such business entity; ( ) Other, please describe: — PART E SIGNATURE SIGNATURE OF PUBLIC OFFICER OR EMPLOYEE DATE SIGNED PART F FILING INSTRUCTIONS Part C of this Form must be filed, if applicable, with the appointing body or person waiving the restrictions of Section 112.313(3) or (7), Florida Statutes prior to such waiver. Part D must be filed, if applicable, with the governing body of the political subdivision in which the reporting person is serving. It is suggested that this disclosure be made prior to the subject transaction. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317(1977), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4A FF. 2125M- „fi NW: the 1grnOq bome owwrx in Cape Canaveral, Florida, are iii favor l+sa�c�. a Resident i -1 from ;the present . erg. ft. Average sine lot 75 x 100 ft. sq.-ft. tol 7500 C 3` felt that the change will be to the .hest interest of Cape Canaveral. IMP AM t�� "/ �I , VV m I • - `girt -FILE 'cOPY W «C - - -' ` VICROFILMED 4.24 -80 -� , K Sf # g y,. NW: the 1grnOq bome owwrx in Cape Canaveral, Florida, are iii favor l+sa�c�. a Resident i -1 from ;the present . erg. ft. Average sine lot 75 x 100 ft. sq.-ft. tol 7500 C 3` felt that the change will be to the .hest interest of Cape Canaveral. IMP AM t�� "/ �I , VV m I