Regular City Council - January 12, 2021

City Council

Regular Meeting

January 12, 2021

 

The City of Titusville City Council met in regular session on Tuesday, January 12, 2021, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796. Mayor Diesel called the City Council meeting to order at 7:30 p.m. Those present in the Council Chamber included Mayor Daniel Diesel, Vice-Mayor Jo Lynn Nelson and City Council Members Joe Robinson, Robert Jordan, and Sarah Stoeckel. Also present were City Manager Scott Larese, City Attorney Richard Broome, and Assistant City Clerk Jolynn Donhoff. Sr. Administrative Assistant Caitlin Rodriguez completed the minutes. 


Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag. Assistant City Clerk Jolynn Donhoff read the procedures for public comment and participation.


APPROVAL OF MINUTES – None. 


SPECIAL RECOGNITIONS & PRESENTATIONS – None. 


BOARDS AND COMMISSIONS – None. 


PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM)

Laurilee Thompson spoke briefly on the Sand Point Park sewage spill and gave her recommendations on how to get the Sand Point Park ponds back to normal again. 

 

Toni Shifalo spoke regarding proposed plans Brevard County Parks and Recreation had submitted to the Board of Adjustments and Appeals to update Parrish Park next to the Causeway. She wanted City Council to be prepared for when the proposed plans came before them for their approval and hoped that City Council would not approve the plans. 

 

Stan Johnston distributed a handout and spoke briefly of the Sand Point Park sewage spill. He suggested City Council close the park in areas where he felt was unsafe for citizens. 


Assistant City Clerk Jolynn Donhoff advised that there were written comments submitted via e-mail by Stan Johnston that were distributed to City Council. 


CONSENT AGENDA 

 

Assistant City Clerk Jolynn Donhoff advised that there were cards submitted for Consent Agenda items A, D, J, K, N, and O. 

 

City Manager Larese read Consent Agenda items A through Q, as followed:

 

  1. Approve Resolution No. 2-2021 rescinding Resolution No. 39-2020 and adopting the 2020 Brevard Prepares Local Mitigation Strategy Plan – Approve Resolution No. 2-2021 rescinding Resolution No. 39-2020 and adopting the 2020 Brevard Prepares Local Mitigation Strategy Plan.

 

  1. Resolution No. 3-2021 - Advisability Right of Way (ROW) Vacation Application No. 4-2020 Falcon's Roost – Approve Resolution No. 3-2021, Right-of-Way (ROW) Vacation Application No. 4-2020, declaring that at a public hearing will be held on February 9, 2021 at 6:30 pm in the City Council Chamber located at 555 S. Washington Avenue to consider vacating, abandoning, and discontinuing certain public streets located at property with Brevard County parcel ID 22-35-17-AV-*-25.

  1. Advisability - Community Development Fees – Approve advisability to consider amending the Community Development fee resolution regarding additional engineering review or other studies that may be required.


  1. Work Order - Carol and Lane Ave Stormwater Ditch Clearing – Approve the award of Work Order #3 to SDV Services Inc. in the amount of $219,150.00 to provide ditch clearing and grading at a stormwater ditch located between Carol Avenue and Lane Avenue. Additionally, authorize the Mayor to execute the Work Order.
     
  2. Police Department K9 Reserve Fund Transfer Request and Purchase of New K9s – Approve Police Department K9 Donations/Private Sources Fund transfer request in the amount of $19,500.00. Approve purchase of three (3) new K9s.
     
  3. Appropriate Forfeiture Funds for Vehicle Maintenance/Crime Prevention/New Sign/Rapid-ID SAF ID Mobile Fingerprint Identification Systems for Titusville Police Department – Appropriate and approve the use of $10,000.00 in forfeiture funds for repair and maintenance of forfeiture vehicles, appropriate and approve the use of $4,000.00 in forfeiture funds to purchase crime prevention materials and to promote various services the Police Department supports, appropriate and approve the use of $15,000.00 in forfeiture funds to purchase a new sign to replace the existing nonfunctioning sign outside of the Titusville Police Department. Appropriate and approve $10,400.00 in forfeiture funds to purchase Mobile Identification Systems. Also, approve the attached budget amendment and proposal from DataWorks Plus for Mobile Identification System.
     
  4. Change Order 1 to Contract #20-B-014 with KAG Specialty Product Group for Lime Slurry Removal Services – Approve Change Order 1 in the amount of $25,000.00 to contract #20-B-014 with KAG Specialty Product Group for additional lime slurry removal services and authorize the City Manager to execute the change order.

 

  1. Purchase of 12-yard Dump Truck – Approve the use of Florida Sheriff's Association Cooperative Purchasing Program to purchase a 12-yard dump truck from Nextran Truck Center Orlando, Florida in the amount of $154,180.06.

 

  1. Purchase of Firefighting Bunker Gear – Approve purchase of sixty (60) sets of bunker gear from Bennett Fire Products for a total cost of $138,655.20, piggybacking the current Lake County Florida Contract #17-0606, and to authorize staff to initiate necessary instruments to secure purchase.

 

  1. Approve Work Order - Vegetation Harvesting at Draa Field – Approve the award of Work Order to Environmental Consulting & Technology, Inc. in the amount of $115,261.40 to provide vegetation harvesting services at the Draa Field Pond. Additionally, approve the associated budget amendment and authorize the Mayor to execute the Work Order.

 

  1. Change Order #1 to Contract #20-B-017 with SDV Services, Inc for Additional Services on the Marina Lift Station Project – Approve Change Order #1 in the amount of $59,685.26 to Contract #20-B-017 with SDV Services, Inc to include additional services and authorize the Mayor to execute the change order.

 

  1. Approve Osprey Water Reclamation Facility Dissolved Air Flotation Thickener Repair – Approve a contract with MKI Services, Inc. of Coral Springs, FL in the amount of $49,523.00 for the repair of the Osprey Water Reclamation Facility Dissolved Air Flotation Thickener and authorize the City Manager to execute the contract upon review and approval of City Attorney with Purchasing Department.

 

  1. Purchase of Solid Waste Carts – Approve purchase of automated carts in the amount of $43,354.08 from Otto Environmental Systems North America, Inc. of Charlotte, NC utilizing pricing from the HGACBuy cooperate purchasing agreement. Additionally, approve the associated budget amendment.

 

  1. FY2021 Annual Road Resurfacing Project Contract Award – Approve the award of FY21 Annual Road Resurfacing Project to MASCI General Contractor Inc. from Port Orange, FL in the amount of $815,416.78 for the construction of paving improvements at various locations within the City of Titusville, and authorize the Mayor to execute said contract upon review and approval of City Attorney and staff.

 

  1. Work Order for Engineering Services for the New Master Pump Station – Approve the award of Work Order #6 to Wright Pierce, Inc., of Orlando, FL in the amount of $287,100.00 to provide engineering consulting services including, but not limited to, the preparation of design drawings and specifications, permitting, bidding assistance and construction administration services for the New Master Pump Station Improvements, and authorize the Mayor to execute the Work Order and a budget transfer for additional funding to the project account.

 

  1. Additional Funding for Project Z02013 - Marina Wi-Fi – Approve the funding for the upgrade of the Wi-Fi equipment at the Titusville Marina in the amount of $52,000.00 and award the contract to Canaveral Construction Co., Inc. of Mims, FL.

 

  1. Completion of Lease Acquisition - Stormwater Vacuum Truck – Approve the completion of lease acquisition of approved stormwater vacuum truck with sixth year (2026) final payment in the amount of $84,000.00 and repurchase agreement with Environmental Products Group, Inc. Additionally, authorize Mayor to execute the contract documents.

 

Stan Johnston submitted a public speaking card on consent agenda items A, D, J, K, N, and O. He spoke on concerns he had regarding a few City staff members and the errors he felt that were in the Resilient Titusville report.


Motion:

Member Jordan moved to approve Consent Agenda items A through Q, in accordance with recommendations. Vice-Mayor Nelson seconded the motion. The roll call vote was as follows:

 

Member Robinson            Yes

Member Jordan                 Yes

Mayor Diesel                    Yes

Vice-Mayor Nelson          Yes

Member Stoeckel              Yes

 

The motion carried unanimously.  


ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Ordinance No. 1-2021 Regarding On-Street Parking – City Attorney Broome read, AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 30 “DEVELOPMENT STANDARDS”, SECTION 30-283 “ON-STREET PARKING CREDIT” TO AMEND THE AREAS WHERE ON-STREET PARKING MAY COUNT TOWARD REQUIRED PARKING; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, the second time by title only. 

 

The request was to conduct the public hearing and second reading of Ordinance No. 1-2021 amending the Code of Ordinances by amending Chapter 30 “Development Options”, Section 30-283 “On-Street Parking Credit” to allow on-street parking to count toward required parking and consider a resolution to amend the Transportation Infrastructure Technical Manual and specifications in support of the Land Development Regulations, by amending Section 9 “Transportation Infrastructure” by amending Sections 9.16 “Number of Required Parking Spaces” and 9.21.3.8 “On-Street Parking Allowance” to amend language related to on-street parking.

City Manager Larese advised that on November 18, 2020, the Planning and Zoning Commission considered the proposed ordinance and unanimously (6:0) recommended approval as written.

 

Motion:

Member Robinson moved to approve Ordinance No. 1-2021 to allow on-street parking, as recommended. Vice-Mayor Nelson seconded the motion. The roll call vote was as follows: 

 

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

 

The motion carried unanimously. 


City Manager Larese advised that item 12B Resolution No. 4-2021 Regarding On-Street Parking was a corresponding Resolution with Ordinance No. 1-2021. City Manager Larese recommended to Council to go ahead and approve the corresponding Resolution No. 4-2021. 

 

Motion:

Vice-Mayor Nelson moved to approve Resolution No. 4-2021 Regarding On-Street Parking, as recommended. Member Jordan seconded the motion. The roll call vote was as follows:

 

           Mayor Diesel                           Yes

                             Vice-Mayor Nelson                 Yes

                             Member Stoeckel                     Yes

                             Member Robinson                   Yes

                             Member Jordan                        Yes

 

The motion carried unanimously.


ORDINANCES-FIRST READING

 

Ordinance No. 2-2021 - Rezoning (REZ) Application No. 2-2020 - Huntington Park –  City Attorney Broome read, AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO. 5-1993, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE, BY REPLACING THE PRESENT PLANNED DEVELOPMENT (PD) ZONING ORDINANCE NO. 17-2019 AND MASTER PLAN FOR A CERTAIN PROPERTY APPROXIMATELY 79± ACRES IN SIZE, HAVING PARCEL ID NUMBER 22-35-17-AV-*-26, LOCATED ON THE WEST SIDE OF PARK AVENUE, NORTH OF COUNTRY CLUB DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE, the first time by title only.

 

The request was to conduct the first reading of Ordinance No. 2-2021 for Rezoning (REZ) Application No. 2-2020 Huntington Park to amend the Planned Development (PD) zoning ordinance and master plan for vacant land west of Park Avenue and north of Country Club Drive with the amendments to Exhibit A of the ordinance. This was the first reading of Ordinance No. 2-2021. The second reading and public hearing would be conducted by City Council on January 26, 2021 beginning at 6:30 pm.

 

City Manager Larese advised that on January 6, 2021, the Planning and Zoning Commission (P&Z) recommended approval with the condition that parking on the road be restricted to a single side using odd and even approach (vote: 5 yes, 2 no). Additional concerns were also discussed by the P&Z, which the Commission requested be conveyed to the City Council.


OLD BUSINESS – None.


NEW BUSINESS

 

Direction to Staff - Ordinance Relating to Public Purpose Variance Process – The request was to provide direction to staff regarding the proposed ordinance relating to establishing a public purpose variance process.


City Manager Larese stated that on December 8, 2020, City Council approved advisability for staff to develop a process by which City Council could approve variances to the land development regulations for projects determined to further a public purpose.  Staff was also asked to provide information regarding the approach used by other communities to address public interest/public purpose projects. This information was included in the agenda packet.

 

Council’s discussion reviewed various information, such as, but not limited to Council further desired considering these matters, but only under the scope of public purpose projects and which would exclude private variance requests; having a policy and prescribed process with established criteria that guided Council on how to evaluate and deem a variance request as a public purpose project (as a threshold requirement of the process); public notices and legal advertising (a present legal requirement); how other cities or governments addressed these matters; scenarios and rationale for the Council possibly enacting policy to consider variance requests that may be deemed for a public purpose; requiring a majority vote amongst the Council (consensus amongst Council), etc.


Resolution No. 4-2021 Regarding On-Street Parking – This item was heard previously in the meeting under item 9A Ordinance No. 1-2021 Regarding On-Street Parking.


Litigation Settlement re: Warwick v. City of Titusville – The request was for Council to approve the settlement agreement. City Manager Larese advised that Attorney Renee Stephens Lundy, of the firm DEAN, RINGERS, MORGAN & LAWTON, P.A. was assisting the City with the representation of a lawsuit involving an automobile crash with a City vehicle on June 11, 2019. [Case No. 05-2019-CA-056352] As recommended by legal counsel acting on behalf of City, the proposal for settlement resolved all damages that would otherwise be awarded in a final judgment, resulting in a dismissal with prejudice. The proposed settlement amount was $125,000.00.

 

Motion:

Vice-Mayor Nelson moved to approve the Litigation Settlement re: Warwick v. City of Titusville, as recommended. Member Jordan seconded the motion. The roll call vote was as follows:

 

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

 

The motion carried unanimously.


PETITION AND REQUESTS FROM THE PUBLIC PRESNET (NON-AGENDA ITEMS) – None. 


MAYOR AND COUNCIL REPORTS

 

Mayor's Report –  

Mayor Diesel submitted his written report.


Council Reports

In response to the recent Sand Point Park sewer spill and the staff presentation on the spill at the special City Council meeting on January 12, 2021 at 5:30 p.m., Council requested City Manager Larese report back with information on installing permanent fencing around a particular pond(s) at Sand Point Park and the timeline for completion. Council discussion indicated this could serve to make citizens feel more comfortable, as well as for safety purposes. City Manager Larese indicated the fencing and cost would be the City’s responsibility if the Council desired completing the work and it was not the responsibility of Brevard County Parks and Recreation. Additionally, Council discussed having an aesthetic looking fence (perhaps green) that was not higher than 4-feet; larger signage at the park; fishing and recreation were already prohibited at the park’s ponds; all citizens may not support fencing around the pond(s); the importance and purpose of pond aerators; the Florida Department of Environmental Protection (DEP) recommendations; pond water quality and testing returning to normal levels; etc. 


Member Jordan commended staff and City Manager Larese for all of staff’s hard work and transparency during the Sand Point Park sewage spill. He also requested Mayor consider a proclamation regarding the support of the Humanity Task Force that had gone before the previous Mayor, but was not signed. 


Mayor Diesel indicated his desire to review and consider a particular proclamation regarding the support of the Humanity Task Force.


Mayor Diesel also highlighted a few events that he was able to be a part of in the last month and upcoming events that he would be attending in the coming weeks, which were as follows: The Terrier Youth Football banquet, Parrish Points of Life video, a Proclamation for Pastor Bill with the Methodist Church on his last day as Pastor; and the Homeless Ceremony. He would be speaking at the Retired Educators Luncheon and the Astronaut Memorial Ceremony. 


City Manager's Report – 

City Manager Larese submitted his written report and all items were informational only. 


CITY ATTORNEY’S REPORT – None. 


With no further business to discuss, the meeting adjourned at approximately 9:30 p.m.


With no further business to discuss, the meeting adjourned at approximately 9:30 p.m.

 

 Daniel E. Diesel, Mayor

 

ATTEST:

Wanda F. Wells, City Clerk