Regular City Council - February 23, 2021 6:30 PM

  1. Agenda

CITY OF TITUS VILLE 
COUNCIL AGENDA
February 23, 2021
6:30 PM - Council Chamber at City Hall
555 South Washington Avenue, Titusville, FL 32796

In order to help prevent the spread of the COVID-19 (Coronavirus) and to comply with all local, state, and federal laws and guidelines regarding social distancing rules, designated seating shall be provided for the public at City Council and other City Boards meetings. Individual speakers shall, when directed to do so, be given the opportunity to speak on agenda items during the meetings in accordance with City of Titusville policies and Resolution No. 36-2020. No tripods, easels, props, or other demonstrative aids shall be brought into public meetings of Council and City Boards. Speakers are permitted to have a sign with them during their designated speaking time provided that the sign is held by the speaker and is to be removed at the conclusion of their speaking time. Speakers who appear in person will be subject to screening for symptoms of COVI D-19 and any persons exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall or public meetings of Council and City Boards. As an additional method for public participation, the public may submit written comments, via email to city.agenda@titusville.com or by regular mail to City Council's attention at City Hall, 555 South Washington Avenue, Titusville, FL 32796. Written comments must be received by 5:00 p.m. prior to the start of the meeting and include the senders name, address and the subject line must specify the agenda item being addressed. All comments will be disseminated to the Council members and made a part of the public record prior to any action being taken.

Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

Applicants for land use and zoning related items are advised that the resumes of staff members who prepare applicable staff reports are on file in the City Clerk's Office.

The City desires to accommodate persons with disabilities. Accordingly, any physically handicapped person, pursuant to Chapter 286.26 Florida Statutes, should, at least 48 hours prior to the meeting, submit a written request to the chairperson that the physically handicapped person desires to attend the meeting.

1.    CALL TO ORDER

 2. INVOCATION
A moment of silence will be held.

3.    PLEDGE OF ALLEGIANCE

4.    APPROVAL OF MINUTES

A.    Minutes
Approve the minutes of the regular City Council meeting on December 8, 2020.

5.    SPECIAL RECOGNITIONS & PRESENTATIONS

A.    Employee of the Month - December 2020
Recognize the Water Resources Department - Field Ops Division as the Employees of the Month - December 2020.

B.    Letters of Appreciation
A list of employee names that received letters of appreciation is provided in the agenda packet.

6.    BOARDS AND COMMISSIONS

A.    Planning and Zoning Commission
The Planning and Zoning Commission's semi-annual report will be presented. No action is required.

B.    Planning and Zoning Commission
Accept the resignation of Regular Member Mary Murray with a term to expire on January 31, 2022. Ms. Murray's resignation was effective on February 5, 2021.

Appoint one (1) regular member to the Planning and Zoning Commission with an unexpired term to expire on January 31, 2022. If an alternate member is appointed as a regular member, appoint one (1) alternate member to the Planning and Zoning Commission with a unexpired term to expire on January 31, 2023.

C.    Titusville Environmental Commission
Appoint one regular member to the Titusville Environmental Commission with an unexpired term to expire on November 30, 2021.

7.    PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS)

8.    CONSENT AGENDA

A.    Acceptance of Easement from Hwy 50 Titusville, LLC - Titusville Point
Accept a Utility Easement from HWY 50 Titusville, LLC for Titusville Point Master Plan project.

B.    Purchase SWAT Body Armor/Add FEI (Federal Eastern International) as vendor of record over $15,000
Approve purchase of nine (9) SWAT Body Armor from FEI (Federal Eastern International) that will be expiring this year. Also, approve FEI (Federal Eastern International) State Contract NASPO 2016-18 as vendor of record over $15,000.00 to purchase Body Armor.

C.    FY 21 HOME Disbursement Grant Agreement with Brevard County
Approve the FY 21 HOME Disbursement Agreement with Brevard County, and authorize the Mayor and staff to execute same, and approve the associated budget amendment.

D.    Award purchase of Telemetry Radios
Approve the purchase from Rexel USA, Inc., 585 Distribution Drive #3, Melbourne, FL 32904, in the amount of $78,750.00 for the purchase of 50 ea. Esteem Horizon 900 radios for Telemetry upgrade of lift stations and water wells city wide and authorize the Mayor to execute the contract or approve issuance of purchase order. This is the first year of a two year replacement plan.

E.    Brevard County Save our Indian River Lagoon Grant 
Extension - Titusville High School Baffle Box
Authorize the Mayor to execute Amendment No.1 to the Save our Indian River Lagoon Cost-Share Funding Interlocal Agreement Number SOI RL 19-97.

F.    Approval of Civil Forfeiture/Seizure Legal Services
Approval of civil forfeiture/seizure legal services with Jason M. Gordon, Attorney at Law to provide legal representation for Titusville Police Department and authorize execution of the contract.

G.    Acceptance of Easement from Wave Developments, LLC
Accept a Utility Easement from Wave Developments, LLC for the Beachwave project located at 101 A. Max Brewer Causeway.

H.    Purchase of Axon Body Cameras, Licenses, and New 5 Year Contract
Approve the purchase of 20 Axon Body cameras, along with data licenses for the new cameras and pre-existing cameras in inventory, in the amount of $25,270.41 from Axon Enterprises, Inc., and authorize the City Manager to issue the necessary purchase order.

9.    ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

A.    Ordinance No. 7-2021 Relating to Public Purpose Variances

Conduct the public hearing for Ordinance No. 7-2021 amending the Code of Ordinances by establishing a variance process to be heard by the City Council for projects determined to serve a public purpose; by amending Chapter 34 “Procedures”, Article V “Variances and Appeals”, by adding a new Division 9, “Variances for Public Purpose Projects”, including “Applicability”, “Criteria for granting variances”, “Required application”, “Notice requirements”, “Hearing and decision”, providing for severability, repeal of conflicting ordinances, effective date and incorporation into the code.

The Planning and Zoning Commission considered this ordinance on February 3, 2021 and recommended approval (6:1), as submitted. The member voting in the negative expressed concerns about maintaining the integrity of the BAA and their role, and felt the City Council could accomplish their goal in a different way.

Second Reading, Public Hearing and Related Action (Quasi-judicial) THE FOLLOWING ITEMS ARE SUBJECT TO QUASI-JUDICIAL RULES OF PROCEDURE. ANYONE WISHING TO SPEAK ON AN ITEM MUST FIRST COMPLETE AN AGENDA SIGN-UP CARD AND SIGN THE OATH CONTAINED THEREON. THOSE SPEAKING IN FAVOR OF A REQUEST WILL BE HEARD FIRST. IF YOU HAVE PHOTOGRAPHS, SKETCHES, OR DOCUMENTS THAT YOU DESIRE FOR CITY COUNCIL TO CONSIDER, THEY MUST BE SUBMITTED INTO EVIDENCE AND WILL BE RETAINED BY THE CITY. SUBMIT THESE EXHIBITS TO THE CITY CLERK.

B.    Request to Vacate Easement (EAS) Vacation Application No. 5-2020 - 2820 St. Mark's Drive

Approve the request to vacate ten (10) feet of the fifty-four (54) foot wide Public Utility and Drainage Easement (P.U.D.E.) on property located at 2820 St. Mark's Dr. and approve related Resolution No. 9-2021.

The Planning and Zoning Commission tabled the request to allow consideration of additional information on the request including: (1) As-built drawings for the stormwater pond; (2) Documentation that was submitted to the SJ RWM D providing that the encroachment would not cause an increase in the designed storage volume of the pond; (3) requested the presence of the engineer of record at the following meeting. The motion passed unanimously.

C.    Request to Vacate Easement (EAS) Vacation Application No. 6-2020 - 1036 Cady Circle
Approve the request to vacate a five (5) foot portion of the ten (10) foot Public Utility and Drainage Easement (P.U.D.E.) on property located at 1036 Cady Circle and approve related Resolution No. 10-2021.

The Planning and Zoning Commission recommended approval of the request with a recommendation to the applicant that he receive the consent of the St. John's River Water Management District and the Home Owner's Association. The motion passed unanimously.

10. ORDINANCES-FIRST READING

11. OLD BUSINESS

12.    NEW BUSINESS

A.    Resolution No. 11-2021 - Community Development Fees
Adopt Resolution No. 11-2021 amending the schedule of fees for the Community Development Department.

B.    Award of Contract for Construction of the Osprey Water Reclamation Facility Nutrient Removal Upgrade Project
Approve award of a contract for Bid No. 20-B-044 to Wharton-Smith, Inc. of Sanford, FL for construction of the Osprey Water Reclamation Facility Nutrient Removal Upgrade Project in the amount of $9,537,000 and authorize the Mayor to execute the contract.

13.    PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS)

14.    MAYOR AND COUNCIL REPORTS

A.    Mayor's Report
The Mayor's Report is included in the agenda packet.

B.    Council Reports
City Council Members will provide their individual reports.

15.    CITY MANAGER’S REPORT

A.    City Manager's Report
The City Manager's Report is included in the agenda packet.

16.    CITY ATTORNEY’S REPORT