HomeMy WebLinkAbout11-27-1979 Public Hearing - Equalization BoardCITY COUNCIL
�'UBLIC HEARING
EQUALIZATION BOARD
NOVEMBER 27, 1979
A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL WAS HELD ON NOVEMBER 27, 1979 AT CITY HALL, 105 POLK
AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR JOHNSON L. MURPHY,
JR. AT 7:32 P.M.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT
WERE: MAYOR J. 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, CITY CLERK PATRICIA J.
BEAULIEU AND SGT. AT ARMS JOAN HUDEPOHL.
ITEM 1. RESOLUTION NO. 79 -54 RE: APPROVAL OF ASSESSMENT
ROLL AND LEVYING OF ASSESSMENT FOR RES ACING
OF HARBOR HEIGHTS SUBDIVISION
MAYOR MURPHY EXPLAINED TO THE AUDIENCE THAT IN ORDER TO
GET THE SUBJECT OF THE PAVING ASSESSMENT ON THE FLOOR IT WOULD
BE NECESSARY FOR HIM TO READ RESOLUTION NO. 79<-54 AND THE
RESOLUTION WOULD NEED A MOTION AND SECOND. AFTER THAT TIME,
THE DISCUSSION WOULD COMMENCE AND COUNCIL WOULD BEGIN TO HEAR
CITIZEN'S COMMENTS. MAYOR 14URPHY READ THE RESOLUTION IN FULL
ENTITLED:
A RESOLUTION EQUALIZING THE ASSESSMENTS, LEVYING
THE SAME AS ASSESSMENTS AGAINST BENEFITED PROPERTIES
IN THE HARBOR HEIGHTS RESURFACING PROJECT, CAPE
CANAVERAL, FLORIDA, DIRECTING THE CITY CLERK TO
RECORD ASSESSMENTS IN THE IMPROVEMENT LIEN BOOK,
AND ESTABLISHING PRIORITY OF LIEN AND PAYMENT OF
PRINCIPAL AND INTEREST; PROVIDING AN EFFECTIVE DATE.
MAYOR MURPHY MOVED TO APPROVE THE RESOLUTION. MR. RUTHERFORD
SECONDED MOTION. FOR THE BENEFIT OF THOSE IN ATTENDANCE, MAYOR
MURPHY REVIEWED THE CITY COUNCIL'S REASONING FOR ADVOCATING THAT
THE RESURFACING PROJECT BE PAID FOR BY SPECIAL ASSESSMENT BY
THE PROPERTY OWNER ABUTTING THE IMPROVEMENT.
THE FLOOR WAS THEN OPENED FOR OPPONENTS AND PROPONENTS IN
THE AUDIENCE. SOME OF THE COMMENTS FROM CITIZENS INCLUDED THE
CITY'S LACK OF A COMPREHENSIVE PLAN TO COVER STREET REPAIR;
THE HIGH COST OF THIS RESURFACING; THE POSSIBILITY OF ESTABLISHING
AN AD VALOREM TAX FOR STREET REPAIRS AND THE SUGGESTION THAT THIS
RESURFACING PROJECT BE PAID FROM THE CITY'S CONTINGENCY FUND.
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MICROFILMED 4 -24 -80
MAYOR MURPHY INFORMED THE AUDIENCE THAT 53 STRAW BALLOTS
HAD BEEN RETURNED TO THE CITY, THE RESULTS BEING AS FOLLOWS:
26 - IN FAVOR
20 - OPPOSED
6 - IN FAVOR (WITHOUT ASSESSMENT)
1 - UNDECIDED
ADDITIONAL BALLOTS WERE TURNED IN AT COUNCIL MEETING.
AFTER FURTHER DISCUSSION BETWEEN COUNCIL AND THE CITIZENS
IN THE AUDIENCE, MAYOR MURPHY REQUESTED THAT THE QUESTION BE
CALLED. VOTE ON THE MOTION ON THE FLOOR FOR ADOPTION OF
RESOLUTION NO. 79 -54 WAS AS FOLLOWS: IN FAVOR, MRS. BOYD,
MRS. CALVERT, MAYOR MURPHY AND MR. RUTHERFORD, OPPOSED, MR. LEE.
MOTION CARRIED. RESOLUTION ADOPTED LEVYING SPECIAL ASSESSMENT
FOR HARBOR HEIGHTS RESURFACING PROJECT. MR. LEE HAS COMPLETED
FORM 4, MEMORANDUM OF VOTING CONFLICT ON THIS SUBJECT. FORM 4
IS ATTACHED TO THESE MINUTES.
ITEM 2. MOTION RE: AWARDING OF BID FOR RESURFACING OF
HARBOR HEIGHTS
MAYOR MURPHY EXPLAINED THAT THE CITY HAD RECEIVED FOUR
BIDS ON THIS PROJECT. MRS. BOYD MOVED TO AWARD THE BID TO
LOWEST BIDDER, R.C. COWAN CONSTRUCTION IN THE AMOUNT OF $32,485.
MRS. CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 3. RESOLUTION NO. 79 -55 RE: AUTHORIZING CITY TO
ENTER INTO AGREEMENT WITH CONTRACTOR FOR
RESURFACING OF HARBOR HEIGHTS SUBDIVISION
MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED:
A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL,
FLORIDA TO ENTER INTO AN AGREEMENT WITH CONTRACTOR
FOR THE RESURFACING OF HARBOR HEIGHTS SUBDIVISION;
PROVIDING AN EFFECTIVE DATE.
MR. RUTHERFORD MOVED FOR ADOPTION. MRS. BOYD SECONDED
MOTION. MOTION CARRIED UNANIMOUSLY.
MEETING ADJOURNED AT 9:41 P.M.
APPROVED THIS 4 DAY OF DECEMBER 1979.
PUBLIC HEARING
11 -27 -79
PAGE 2 OF 2 PAGES WITH
ATTACHMENT (MR. LEE'S
FORM 4)
FORM 4
MEMORANDUM OF VOTING COST
PART A
IRST)
Address:
c
4�
(MIDDLE)
DATE ON WHICH VOTE OCCURRED:
7 ,19�
Telephone: 3 Os -719�; — --Zw l
(A/C) - (NUMBER)
(STREET) (CITY) (ZIP CODE) (COUNTY)
PART B
Agency is a unit of [check one] : ( ) State of Florida; (N 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
your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest
below. �,Q
1. Description of the matter upon which you voted in your official capacity: � �) �� l/ ' S - %~5-s m 7—
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 gain of any principal by whom you are retained:
3. Person or principal to whom the special gain described above will inure:
a. k 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 arises; i�ou vote, however, the conflict must be-disclosed pursuant to the requirements described above.
PART E
rA
SIGNATURE OF PERSON DISC
l - '-�?Lg--�? q
DATE SIGNED
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112217 (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
PART A
Name
FORM 4A, DISCLOSURE OF BUSINESS TRANSACTION,
RELATIONSHIP, OR INTEREST
Telephone:
(LAST) (FIRST) (MIDDLE) (A/C) (NUMBER
Address:
(STREET) (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 for 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 affirmative 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:
The partnership, directorship, proprietorship, 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 reporting person whose name is
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
sl ch disclosure, if and when applicable.
Ple�se 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 - EFF. 2/25/79