09/06/1977 Meeting - Laserfiche WebLink

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I . w S dney Herbert, 2750 Onyx, protested Ms. Smith's statement of having . no conflict of interest. Mr. Anderson said he also questioned the legality of the conflict of interest of Ms. Smith. Mr. Williams asked legal counsel if a challenge to a City Council member voting did not have to be made in writing 24 hours prior to action being taken. Stan Long, City Attorney's office, said the Code provides that in quasi-judicial hearings, a challenge for dis- qualification of a City Council member's vote required a 48-hour notice. He said consideration of the grant acceptance is legislative, with two provisions covering a possible disqualification: 1) State statutes clearly require a City Councilor to disclose any potential conflict, but that does not require abstention; 2) the City Charter refers to any direct personal pecuniary interest. Mr. Bradley felt Ms. Smith did have a conflict of interest, and should abstain, citing an image of fairness would be enhanced. Mr. Obie was disturbed to hear the sincerity of a Council member questioned. He said the issue concerned a drainage system for an entire area, not just the Cone/Breeden property. Mr. Allen said he had detected a concern on the part of some Councilors regarding the large area included outside the city limits. He cited other similar situations by which the City had engaged in drainage systems outside the city limits, noting the Amazon diversion channel. - He said major drainage facilities have no political boundaries, and this was not precedent setting. Public hearing was closed, there being no further testimony presented. Mr. Bradley requested City Manager and City Attorney to respond to the alternatives presented to Mr. Anderson. Manager reiterated his earlier comments of seeking information from EDA regarding other alter- natives or extension of deadlines, and noted again the vagueness and uncertainty of response from EDA. He noted the time constraints and said the whole thrust of the project was to get it going as quickly as possible. He said there was much competition for federal monies, and considered it risky to not accept the grant monies at this time. Mr. Long said after consideration of vague replies from EDA, the City staff would not recommend Council select any alternative. He said there was information as to the consequences of such action. Mr. Bradley wondered if it would be legitimate to tie up the funds for 90 days before commiting to a project, as had been suggested by Mr. Anderson.Mr. Long said his understanding from the Department of Commerce was that on-site labor must be commenced 90 days from the offer of the grant, which was August 24. He said a number of questions - 9/6/77--4 ~~9