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HomeMy WebLinkAbout10-19-1976 Regular Meetingl MICROFILMED 4 -24 -80 REGULAR MEETING - CITY COUNCIL OCTOBER 19, 1976 A REGULAR MEETING OF THE CITY COUNCIL OF.THE CITY OF CAPE CANAVERAL WAS HELD ON OCTOBER 19, 1976 AT CITY MALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER AT'7:31 P.M. BY MAYOR LEO C. NICHOLAS. THE ROLL WAS CALLED By THE DEPUTY CLERK. OFFICIALS PRESENT WERE: COUNCILMEN F.M. HOOD, J.L. MURPHY,. MAYOR L.C. NICHOLAS, COUNCILMAN G.J. SALVAGGIO AND COUNCILWOMAN ANN H. THU`RM; CITY ATTOPJM RICHARD F. SCOTT; DEPUTY CLERK PATRICIA BEAULIEUr SGT AT. ARMS F. PATRICK. MINUTES.OF OCTOBER 5 APPROVED AS CORRECTED. TREASURER'S 'REPORT MAYOR NICHOLAS BRIEFLY REVIEWED THE FINANCIAL STATUS AS REPORTED IN TREASURER'S REPORT DATED SEPTEMBER 308, 1976 WHICH CONCLUDED THE CITY'S FISCAL YEAR. THE TREASURER'S REPORT WAS FILED FOR_AUDIT. NEWT BUSINESS ITEM 1. RESOLUTION NO. 76 -59 'APPOINTMENT OF BOARD OF ADJUSTMENT MEMBERS MAYOR NICHOLAS EXPLAINED THAT SEVERAL MEMBERS OF THE,PRESENT BOARD WERE APPOINTED FOR INDEFINITE TERMS AND THAT THIS RESOLUTION WOULD APPOINT THOSE MEMBERS FOR SPECIFIC TERMS. MAYOR NICHOLAS READ A LETTER FROM MICHAEL BRADY REQUESTING APPOINTMENT TO THIS BOARD. DISCUSSION FOLLOWED WITH CITY ATTORNEY- AS TO TERMS OF BOARD MEMBERS AS SET OUT IN ZONING ORDINANCE 10 -75. MR. 5ALVAGGIO MOVED THAT MR. GEORGE MEGUTAR, MR. CHARLES MUHS AND MR. RICHARD THURM BE APPOINTED FOR THREE YEAR TERMS TO EXPIRE ON OCTOBER 19, 1979, MR. ROBERT LA %TS AND MR. EUGENE JANDREAU BE APPOINTED FOR TWO-YEAR TERMS TO EXPIRE ON OCTOBER 19, 1978 AND MR. MICHAEL BRADY BE APPOINTED AS ALTERNATE MEMBER FOR A TWO YEAR TERM TO EXPIRE ON OCTOBER 19, 1978. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. u MICROFILMED 4 -24 -80 MAYOR NICHOLAS READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION ESTABLISHING TERMS OF OFFICE FOR BOARD OF ADJUSTMENT MEMBERS PREVIOUSLY APPOINTED; APPOINTING A MEMBER TO THE BOARD OF ADJUSTMENT; APPOINTING AN ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT; PROVIDING AN EFFECTIVE DATE. MRS. THURM MOVED FOR ADOPTION. MR. SALVAGGIO SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 2. RESOLUTION NO.' 76 -60 DOUBLE TAXATION LAWSUIT MAYOR NICHOLAS READ THE RESOLUTION IN FULL ENTITLED: A RESOLUTION OF THE CITY OF CAPE CANAVERAL,., FLORIDA, IDENTIFYING TO THE BREVARD COUNTY BOARD OF COMMISSIONERS SERVICES RENDERED SPECIALLY FOR THE BENEFIT OF THE PROPERTY OF RESIDENTS IN UNINCORPORATED AREAS AND FINANCED FROM COUNTY -WIDE REVENUES AND PETITIONING ON BEHALF OF THE CITIZENS AND TAXPAYERS OF CAPE CANAVERAL, FLORIDA, FOR RELIEF. MR. SALVAGGIO MOVED FOR ADOPTION.• MRS.-THURM SECONDED THE MOTION. 140TION CARRIED UN,ANIMQUS)�'yj, ATTORNEY SCOTT SUGGESTED A CERTIFIED COPY OF RESOLUTION AND COVER LETTER, WHICH HE WOULD DRAFT, BE SENT TO THE COUNTY -- COMMISSIONERS. MRS. THURM REQUESTED A CERTIFIED COPY BE FORWARDED TO MRS. AGATHA DOERER, PRESIDENT OF THE BREVARD LEAGUE OF CITIES. ITEM 3. DECISION RE: PUBLIC WORKS EMPLOYMENT APPLICATION MAYOR NICHOLAS EXPLAINED THAT THIS ITEM APPEARED BEFORE COU�CIL AGAIN AT THE REQUEST OF BRILEY, WILD'S ENGINEERS IN ORDER TO RE- AFFIRM COUNCIL'S DECISION TO HAVE BRILEYj'WIjj).& ASSOCIATES COMPLETE THIS APPLICATION FOR THE CITY. ATTORNEY SCOTT EXPLAINED THAT HE HAD TALKED TO ENGINEERS TOM STRANG AND.DON WANSTALL WHO WISHED TO MAKE IT CLEAR TO THE CITY THAT THEY COULD NOT ASSURE APPROVAL. HE FURTHER EXPLAINED THAT THEY PLAN, IF COUNCIL SO CHOOSES, TO GO AHEAD AND COMPLETE APPLICATION AND BRING IT BACK TO COUNCIL FOR REVIEW BEFORE THEY PRESENT IT. MR. SALVAGGIO MOVED THAT THE APPLICATION BE SUBMITTED AS DESIGNATED AT THE MEETING OF SEPTEMBER 21. MRS. THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES I4 -I9 -76 PAGE 2 OF 3 I. . M 4. DISCUSSION RE: AUSTRALIAN PINES MAYOR NICHOLAS EXP:A!'.'ED-THAT A PROPERTY OWNER WAS REQUESTING THE CITY R'_7MVE AUSTRALIAN PINE TREES WHICH WERE ON CITY RIGHT -OF -WAY BECAUSE OF THE ROOTS INTERFERING WITH SEWER LINES. COUNCILMAN HOOG SUGGESTED CITY TARE AN i rn ALTERNATIVE.MEASURE BY MAKING THE FOLLOWING MOTION: CITY CREWS BE AUTHORIZED TO USE CITY ROTO- ROOTER IN REMOVING -P IV AUSTRALIAN PINE ROOTS FROM THAT PARTICULAR PORTION OF THE -0 SEWER SYSTEM WHICH HAS BEEN CLOGGED AT THE S.E. CORNER OF ADAMS AND POINSETTA AVENUE. MR. SALVAGGIO SECONDED MOTION. BUILDING OFFICIAL JACK-HURCK EXPLAINED THIS WOULD INVOLVE GOING ON THE MAN'S PROPERTY IN ORDER TO GET TO THAT SECTION OF.THE SEWER LINES THAT WERE BEING CLOGGED. THE PROPERTY OWNER INVOLVED, MR. GEORGE LAMAN, WAS IN ATTENDANCE AND GAVE HIS PERMISSION TO ACCOMPLISH THIS TASK. MR. LAMAN EXPLAINED TO.COUNCIL THAT HE WAS NOT OBJECTING TO THE AUSTRALIAN PINES. .BUT TO THE.FACT THAT REMOVING THE ROOTS FROM HIS LINES HAD SEEN COSTING HIM MONEY. HE STATED THAT HE HAD PAID TO HAVE THIS JOB DONE ABOUT THREE MONTHS AGO. COUNCIL AGREED THAT THIS WOULD BE DONE SOON TO AVOID FURTHER PROBLEMS. DISCUSSION, MR. HURCK EXPLAINED TO COUNCIL A PROBLEM WITH VISIBILITY AT A CORNER OF JEFFERSON AVENUE. HE STATED THAT MOST OF THE OVER- GROWTH INVOLVED WAS ON CITY PROPERTY HOWEVER A SMALL PORTION WAS ON PRIVATE PROPERTY. MAYOR NICHOLAS SUGGESTED THAT THE.BUILDING OFFICIAL COORDINATE THIS PROBLEM WITH DEPUTY CITY MANAGER. 14AYOR NICHOLAS READ A LETTER FROM BREVARD COUNTY. CRIMINAL JUSTICE COORDINATING COMMITTEE REGARDING THE PROPOSED COUNTY' CRIMINAL .JUSTICE- INFORMATION- SYSTEM MASTER PLAN. MAYOR NICHOLAS REQUESTED THIS ITEM BE PLACED ON THE NEXT WORKSHOP AGENDA. COUNCILMAN MURPHY SPOKE BRIEFLY ON TH E GARBAGE SITUATION. MRS. THURM MOVED FOR ADJOURNMENT AT 8:45 P.M. MR. SALVAGGIO SECONDED MOTION. APPROVED THIS 2 DAY OF NOVEMBER , 1976. MAYOR COUNCIL MINUTES 10 -19 -76 PAGE 3 OF 3