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Home My WebLink About07-15-1980 Regular Meetingi MICROF LADED 4 -15-85 CITY COUNCIL REGULAR MEETING JULY 15, 1980 THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA WAS HELD ON JULY 15, 1980 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA, THE MEETING WAS CALLED TO ORDER AT 7:34 P.M. BY MAYOR JOHNSON L. MURPHY, JR. THE ROLL WAS CALLED BY THE CITY CLERK, OFFICIALS PRESENT WERE: MAYOR J,L, MURPHY, JR., COUNCIL MEMBERS L,BOYD, J. CALVERT, P,T: LEE AND W, RUTHERFORD; CITY ATTORNEY JOSEPH SCOTT, CITY CLERK PATRICIA J. BEAULIEU AND SGT, AT ARMS JOAN HUDEPOHL. MRS. CALVERT MOVED TO WAIVE READING OF THE MINUTES OF REGULAR MEETING OF JULY 1 AND SPECIAL MEETING OF JULY 10, MR, RUTHERFORD SECONDED MOTION, NOTION CARRIED UNAN7.`MOUSLX, NEW BUSINESS ITEM 1. DISCUS "SION RE: FLECK"INGER 'CONTRACT RATE INCREASE MAYOR MURPHY BRIEFLY REVIEWED THE BACKGROUND ON THIS SUBJECT AND INFORMED THE AUDIENCE THAT IN MAY THE COUNCIL 'INCREASED THE GARBAGE RATES TO THE CITIZENS BY 26% IN ANTICIPATION THAT THE CONTRACTOR COULD JUSTIFY THE INCREASE, AT THE TIME THE RATE INCREASE WAS PASSED, A RATE INCREASE TO THE CONTRACTOR, WAS DISCUSSED BUT DID NOT GO INTO EFFECT, THE CITY'S AUDITOR MR. BJERNING WAS IN ATTENDANCE AND SUGGESTED THAT MR, FLECKZNGER BE REQUIRED TO DEMONSTRATE ESCALATION IN COSTS AS PERTAINS TO HIS CONTRACT WITH THE CITY PRIOR TO ANY INCREASE TO FLECKZNGER, HE NOTED THAT THE CONTRACT SPECIFICALLY STATED THAT THE INCREASE WOULD BE LIMITED TO HIS ACTUAL ESCA- LATED COSTS CAPPED OFF BY THE CONSUMER PRICE INDEX. MR. BJERNING SUGGESTED THAT AFTER MR, FLECKZNGER PRESENTED HIS COST ESCALATION FIGURES PERHAPS THE COUNCIL, CITY MANAGER AND AUDITORS SHOULD REVIEW THEM BEFORE A DECISION IS MADE, COUNCIL DECIDED THAT THE CITY MANAGER SHOULD WRITE MR. FLECKZNGER, A LETTER INFORMING HIM THAT IT WOULD BE NECESSARY FOR HIM TO DEMONSTRATE HIS COSTS INVOLVED IN DOING BUSINESS WITH THE CITY. i ITEM 2. MOTION RE': APPROVAL OF DOBSON ' JONES',* BJERNING . AND HOYMAN "S' AUDIT' FEE COUNCIL HAD BEFORE THEM A LETTER FROM THE CITY'S AUDITORS DATED JULY 3, 1980 CONFIRMING ARRANGEMENTS FOR THE UPCOMING AUDIT IN THE AMOUNT OF $9,200, LETTER ATTACHED TO THESE MINUTES, MR. LEE MOVED TO APPROVE THE AUDITING ARRANGEMENTS, MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY, ITEM 3. MOTION RE: ALLEYWAY SURVEYS MAYOR MURPHY POINTED OUT THAT THE ALLEYWAYS BETWEEN RIDGEWOOD AND THE OCEAN WERE BECOMING MORE IN DEMAND AS THE CITY BUILDS UP AND IT WAS BECOMING NECESSARY FOR THE CITY TO KNOW EXACTLY WHERE THE ALLEYWAYS WERE LOCATED, MAYOR MURPHY EXPLAINED THAT THE JOHNSON'S HAD ONE ALLEYWAY SURVEYED AND THE CITY HAD PAID FOR ANOTHER ALLEYWAY SURVEY, MAYOR MURPHY STATED THAT HE FELT THAT THE CITY OWES THE JOHNSONS FOR THEIR RECENT SURVEY WHICH ASCERTAINED THE LOCATION OF.THE ALLEYWAY IN BLOCK 12, AVON -BY- THE -SEA. MRS, BOYD MOVED TO AUTHORIZE PAYMENT OF $350.00 TO PAY FOR THE JOHNSON'S SURVEY, MRS, CALVERT SECONDED MOTION. MOTION CARRIED UNANIMOUSLY, MAYOR MURPHY EXPLAINED THAT THE MONEY WOULD BE TAKEN OUT OF CONTINGENCY FUND, ITEM 4. D'IECUS'STON RE: ENCROACHMENT PROBLEMS MAYOR MURPHY MOVED THAT ATTORNEY SCOTT BE AUTHORIZED TO WRITE LETTERS TO OWNERS REGARDING CLEARING ALLEYWAY. MR. LEE SECONDED MOTION, MOTION CARRIED UNANIMOUSLY, ITEM 5. MOTION RE' : ' LIFTING THE BURN MORATORIUM DURING DISCUSSION ON THE SUBJECT OF LIFTING THE BURN MORATORIUM, IT WAS BROUGHT OUT THAT THE COUNCIL WOULD HAVE AN ORDINANCE COVERING THE SUBJECT OF BURNING AND THE ORDINANCE COULD BE ADOPTED WITHIN A MONTH. NO ACTION ON THIS ITEM, ITEM 6. MOTION RE': AWARD OF PAVING' BIDS' FOR 'STREET RE AIRS- ' DREVEWAY FOR STWE-T DEPMffMRT BUILDING COUNCIL HAD BEFORE THEM THE ONE BID THAT THE CITY HAD RECEIVED FOR THE PAVING REPAIRS AT VARIOUS LOCATIONS ON THE CITY'S STREETS AND THE ASPHALT DRIVEWAY FOR THE NEW STREET DEPARTMENT BUILDING AT THE WASTEWATER PLANT. COUNCIL MINUTES JULY 15, 1980 PAGE 2 OF 3 PAGES W /ATTACHMENTS MICR®FILIVED 4 -15.85 THE ONE BID RECEIVED WAS FROM AARDVARK CONSTRUCTION. BID FIGURES WERE AS FOLLOWS: #1. 1,264 SQ. FT. OF 1" ASPHALT PATCHING AT VARIOUS LOCATIONS $1,137.60. #2(a) 5,670 SQ. FT. OF 6" SOIL CEMENT BASE.AND 1" OVERLAY FOR DRIVEWAY AT SEWER PLANT $3,780. #2(b) 5,670 SQ. FT. OF 6'" SOIL CEMENT BASE AND 2" OVERLAY FOR DRIVEWAY $5,440, MR,. LEE MOVED TO ACCEPT THE BID AS SUBMITTED FOR 1" OF ASPHALT IN BOTH LOCATIONS WITH $300,00 TO COME FROM THE CONTINGENCY FUND FOR THE STREET DEPARTMENT'S ACCOUNT FOR THE DRIVEWAY AT THE NEW STREET DEPARTMENT BUILDING, MAYOR MURPHY SECONDED MOTION, 'MOTION CARRIER UNANIMOUSLY, MRS, CALVERT HAS 'FILED A MEMORANDUM OF.VOTING.CONFLICT FORM #4 REGARDING THE ABOVE ITEM, SUBJECT FORM IS ATTACHED TO THESE MINUTES. ITEM 7, RESOLUTION NO', :8.0' --�23 MARATHON' I S LOT'S S, 11' AND' 1'2',� BL'0'CK "5'5 -,- AVON -BY -THE' -'SEA MAYOR MURPHY READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION TO ABANDON, CLOSE AND VACATE A DEDICATED ALLEYWAY WHICH ABUTS LOTS 5, 11 AND 12, BLOCK 55, AVON -BY- THE -SEA WITH CERTAIN EXCEPTIONS; PROVIDING AN EFFECTIVE DATE. MR, LEE MOVED FOR ADOPTION, MAYOR MURPHY SECONDED MOTION, 'NOTION CARRIED UNANIMOUSLY, DIS'CUSSI'ON MAYOR MURPHY ANNOUNCED A COUNCIL BUDGET WORKSHOP ON MONDAY, JULY 21 AT 7:30 P.M. ANNOUNCEMENT WAS ALSO MADE OF THE UPCOMING TOUR OF OCEAN WOODS BUFFER ZONE BY THE COUNCIL ON THURSDAY, JULY 24 AT 6:00 P.M DISCUSSION ALSO INCLUDED: TRAFFIC SIGNAL AlA AND BUCHANAN, SEWER PROBLEM, STREET DEPARTMENT FUEL PUMP, SHARK FISHING ON THE BEACH AND PARKING AND LIVING IN MOBILE VANS ON THE CITYRS STREETS, 'IT WAS REQUESTED THAT THE FUEL PUMP SITUATION BE PLACED ON NEXT WORKSHOP, THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED AT 9;12 P,M, APPROVED THIS 5 DAY OF AUGUST , 1980, COUNCIL MINUTES CITY CLERK JULY 15, 1980 PAGE 3 OF 3 PAGES - - - - -- - -- - W /ATTACHMENT S "DOBSON, JONES, BJERNING & HOYMAN Boom M11 CERTIFIED PUBLIC ACCOUNTANTS 600 East Strawbridge Avenue • Melbourne, Florida 32901 245 Magnolia Avenue • Merritt Island, Florida 32952 524 South Hopkins Avenue • Titusville, Florida 82780 {305) 725.1720 (305) 453.1420 (305) 287 -7065 Replyto: Merritt Island City Council City of Cape Canaveral, Florida This letter is to confirm the arrangements for auditing services to be performed by our firm for the City of Cape Canaveral. We will examine the financial statements of the City of Cape Canaveral for the year ending September 30, 1980. The following funds will be included in our examination: General Fund Enterprise Fund - Sewer System Enterprise Fund - Recreation Facilities Special Assessment Fund - Street Paving Debt Service Fund Special Revenue Fund General Fixed Assets Our examination will be made in accordance with generally accepted auditing standards and will include such tests of the accounting records and such other auditing procedures as we consider necessary to enable us to express an unqualified opinion on the statements. It is not contemplated that we will make a detailed examination of all trans- actions such as would be necessary to disclose any defalcation or irregularities that may have occurred. We shall inform you, however, of findings that appear to be unusual or abnormal. ATTACHMENT TO MINUTES OF CITY COUNCIL 7 -15 -80 f f v c r Your staff will assist us to the extent practicable in the completion of our engagement. They will provide us with schedules and supporting details that we deem necessary. Our fee for this examination will be $9,200 and will be billed to you as the work progresses. It should be understood that circumstances may arise that will require our services to be extended. If it appears that the fee of $9,200 will be exceeded because of special circumstances, we will bring this to your attention. This engagement does not include any services not specifically stated in this letter. Additional services which you may request will be subject to separate arrangements. If this letter correctly expresses your understanding, please sign the enclosed copy where indicated and return it to us. 0� -`DOBg J - G H ON : 0 July 3, 1980 APPROVF'n Date JULY 15 IF 1 A R O FORM 4 MEMORANDUM OF VOTING CONFLICT: I DATE ON WHICH VOTE'OCCURRED- July 15 18 80 PART A Name: Calvert, `To Telephone: 305 783 -7918 (LAST) (FIRST) (MIDDLE) (A /C) (NUMBER) Address: 514 Jefferson Ave. Cape Canaveral 32020 Brevard (STREET) (CITY) (ZIP CODE) (COUNTY) PART B Agency is a unit of [check one] : ( ) State of Florida; (X ) County, City or other Political Subdivision Name of Agency: City of Cape Canaveral Position held in Agency: Ca3ne-i luryman PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes § 112.3143 (19751 ] 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. 1. Descriptiop of the matter upon which you voted in your official capacity: Z 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. (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; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. PART E &'&� Q..-,-k- / 3- /F,?6 SIGNATURE OF PERSON DISCLOSING DATt 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 ATMCffiftT TO CITY COUNCIL KI NUTS OF 7-- 15.80 PART A Name: FORM 4A, (LAST) G ISCCOSURE OF BUSINESS TRANSACTION, RELATIONSHIP, OR INTEREST (FIRST) (MIDDLE) Telephone: (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 2. The particular transaction for which this waiver is to be granted involves: a. Supplying the following realty, goods and /or services: The following business entity will supply these commodities: 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.11i, 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 involved include(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. 2I25J79