Regular City Council - April 13, 2021

  1. Agenda

 

CITY OF TITUSVILLE

CITY COUNCIL AGENDA

 

TUESDAY, APRIL 13, 2021

6:30 PM – COUNCIL CHAMBER

555 SOUTH WASHINGTON AVENUE, TITUSVILLE, FLORIDA 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 COVID-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 meetings on January 26, 2021 (5:30 p.m.), February 9, 2021 and March 9, 2021 and the special City Council meetings on February 18, 2021. 

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS 

 

A. Proclamation - Pastor Peter Lord Day - Mayor Diesel will present the proclamation proclaiming March 4, 2021 as Pastor Peter Lord Day. No action is required. 

 

B. Arbor Day Proclamation 2021 - Each year the City celebrates Arbor Day on the last Friday in April with the Mayor's signing of an Arbor Day Proclamation. The celebration of Arbor Day supports the City's continued recognition as a Tree City USA. No action is required. 

 

6. BOARDS AND COMMISSIONS 

 

A. North Brevard Commission on Parks and Recreation - The North Brevard Commission on Parks and Recreation's semi-annual written report is included in the agenda packet. No action is required. 

 

B. Student Advisory Council - The 9th grade student representing Astronaut High School has forfeited membership on the Student Advisory Council, as provided in City Code Section 2-53. This item is provided for informational purposes only and no action is required. 

 

C. Titusville Environmental Commission (TEC) - Leave of Absence Approve TEC Member Jim Yount's leave of absence from June 2021 to August 2021.

 

D. North Brevard Library District Board - Accept the resignation of Regular Member Cynthia Williams of the North Brevard Library District Board with an unexpired term to expire on September 30, 2022. Her resignation was effective on March 16, 2021. 

 

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

 

8. CONSENT AGENDA

 

A. Amendment to Indian River Avenue Force Main Design Work Order - Approve amendment to Work Order #AECOMWR013 to AECOM Technical Services, Inc in the amount of $235,101 to provide additional engineering services including, but not limited to, the preparation of design drawings and specifications, permitting, bidding assistance, SRF funding and limited construction administration services for the remaining portions of the force main from Causeway lift station to the Osprey plant, approve a budget transfer to fund the Work Order amendment, and authorize the Mayor to execute the Work Order AECOMWR013 Change Order #1. 

 

B. Housing Replacement Program Loan Assumption Agreement - 819 Dummitt Avenue - Approve the loan assumption between the City and new Owner of 819 Dummitt Avenue, and authorize the Mayor and staff to execute. 

 

C. Housing Rehabilitation Program Loan Assumption Agreement - 2300 Barna Avenue - Approve loan assumption between City and new Owner of 2300 Barna Avenue, and authorize the Mayor and staff to execute. 

 

D. Indian River Lagoon Sanitary Sewer Force Main Master Planning - Approve the award of work order CDMWR008 to CDM Smith, Inc., in the amount of $25,844.96 to develop concept routing plans for potential force main improvements, and authorize the City Manager to execute the Work Order.

 

E. Pump Replacements for the Osprey Water Reclamation Facility (WRF) - Approve the purchase of two (2) Fairbanks Nijhuis (formally Fairbanks Morse) solids-handling pumps from Barney's Pumps Inc. of Lakeland, FL in the amount of $57,310 and authorize the Mayor to execute the purchase order. 

 

F. Work Order for Engineering Services for the Cheney Highway Water Main Replacement Project - Approve the award of Work Order #WPWR007 to Wright Pierce, Inc., of Orlando, FL in the amount of $141,300 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 Cheney Highway Water Main Replacement Project, and authorize the Mayor to execute the Work Order. 

 

G. Award the Code Enforcement Nuisance Mowing and Lot Cleaning Contract - Approve the recommendation for awarding the selection of ITB# 21-B-014 Code Enforcement Nuisance Mowing and Lot Cleaning to JB's Lawn Control for a one (1) year term with a option for two (2) one-year renewals for the estimated annual amount of $19,750. Authorize the City Manager to execute the agreement subject to the approval of final contract terms by the City Attorney.

 

H. Landscape Mitigation Fund Transfer - Sand Point Park Plantings - Approve Budget Amendment in the amount of $25,000 to fund tree plantings within Sand Point Park around the East Pond. The City shall bid and contract for the installation of the trees and watering for a period of 3 months. After which, the maintenance shall be the responsibility of Brevard County Parks and Recreation.

 

I. FY21 Community Development Block Grant (CDBG) Street Paving Improvements Contract Award - Approve the award of a contract to Masci Construction of Daytona Beach, FL to provide FY21 CDBG Street paving improvements at various locations within the South Street Target Area in the amount of $169,105.63; and authorize the Mayor to execute said contract. 

 

J. Purchase of Vehicles - Public Works - Approve the use of Cooperative Sourcewell (formally NJPA) contract #2021 120716-NAF&06 and City of Titusville Invitation for Bid #21-B-015 to purchase budgeted vehicle replacements. Award City IFB #21-B-015 for projects Z02118 and Z02121 to Ron Norris Ford of Titusville, Florida in the total amount of $124,521.07 for the purchase of five vehicles. Approve the use of Sourcewell contract #2021 120716- NAF&06 with Alan Jay Fleet Sales of Sebring, Florida for budgeted vehicle replacements Z02120 in the total amount of $89,702.00 for the purchase of two vehicles. Additionally, approve the associated budget amendment transferring funds to capital outlay project Z02120 for this purchase with authorization of City Manager, Legal, and City Staff to execute any necessary instruments. 

 

K. Solid Waste Budget Amendment - Recycling Processing Fees - Approve budget amendment in the amount of $65,000 to Solid Waste Fund Account 404-1513-531.31-01 from the Solid Waste Fund Contingency. 

 

L. Brevard County Save our Indian River Lagoon Grant Extension - Draa Field Floating Islands - Authorize the Mayor to execute Amendment No.1 to the Save our Indian River Lagoon Cost-Share Funding Interlocal Agreement Number SOIRL #20-120.

 

M. Cost-Share Funding Interlocal Agreement - St Johns 2 Baffle Box - Approve the Save Our Indian River Lagoon Project CostShare Funding Interlocal Agreement between the City of Titusville and Brevard County in the amount of $243,070 in funding toward the construction of the St Johns 2 Baffle Box project, approve associated budget amendment, create associated project and authorize the Mayor to execute the agreement. 

 

N. Cost-Share Funding Interlocal Agreement - Marina Pond Floating Islands - Approve the Save Our Indian River Lagoon Project CostShare Funding Interlocal Agreement #21-178 between the City of Titusville and Brevard County in the amount of $6,670 in funding toward the installation of the Marina Pond Managed Aquatic Plant Systems Project, approve associated budget amendment, create associated project and authorize the Mayor to execute the agreement. 

 

O. Purchase of Slope Mower - Approve attached budget amendment and the award of bid 21- B-020 for a 2020 John Deere Tractor with Alamo Slope Mower attachment from Everglades Equipment Group in the amount of $219,961. 

 

P. Mourning Dove WTP Standby Generator Fuel Line Replacement - Approve award of Bid No. 21-B-025 in the amount of $26,195 to JRS Enterprises East Coast, LLC dba JSR Fueling Technologies, LLC of Melbourne, FL to replace the diesel fuel line for the standby generator at Mourning Dove Water Treatment Facility, and authorize the City Manager to put in place the instruments necessary for this purchase upon review of documents by City Attorney and City Staff. 

 

Q. Advisability - Small Business Assistance for Business Tax Receipt Payments -Approve advisability to establish a program to pay the BTRs for new and renewing businesses through December 31, 2021. 

 

R. Change Order #1 for Engineering Services for Design of Traffic Signal Improvements - Approve the Change Order #1 to DRMP, Inc. in the amount of $21,864.56 to provide additional engineering consulting services due to FPL conflicts at two (2) signal improvement locations; and authorize the City Manager to sign the Change Order.

 

S. Resolution No. 12-2021 clarifying the process for settlement and collection of municipal code liens under Resolution 1-2012 - Approve Resolution No. 12-2021, clarifying the process for settlement and collection of municipal code liens under Resolution No. 1-2012. 

 

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

 

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. 

 

A. Ordinance No. 8-2021 - Rezoning (REZ) Application No. 1- 2021 - Home Depot Outparcel, Windover Trail - Conduct the public hearing of Ordinance No. 8-2021 for Rezoning (REZ) Application No. 1-2021 Home Depot Outparcel, Windover Trail to rezone from the Community Commercial (CC) zoning district to the Regional Commercial (RC) and remove site-specific conditions. 

 

On March 17, 2021, the Planning and Zoning Commission considered this request and recommended approval, with the condition that the applicant hold the community engagement meeting before the City Council meeting on April 13, 2021 (vote: 7 yes - 0 no). The applicant conducted the required meeting on March 29, 2021.

 

10. ORDINANCES-FIRST READING 

 

A. Ordinance No. 9-2021 - Revocation of Ad Valorem Tax Exemption for NewSpace Center, LLC - Conduct the first reading of Ordinance No. 9-2021, revoking the ad valorem tax (AFT) exemption to NewSpace Center LLC, and providing for an effective date. (This is the first reading of Ordinance No. 9-2021; second reading and public hearing is scheduled to be considered by Council on April 27, 2021 at 6:30 p.m.) 

 

B. Ordinance No. 10-2021, Allowing for an Economic Development Ad Valorem Tax Abatement to Dark Storm Industries, LLC (Project Freedom) - Conduct first reading of Ordinance No. 10-2021, allowing for an ad valorem tax (AVT) abatement to Dark Storm Industries, LLC (Project Freedom); specifying the items exempted; providing for an expiration date for the exemption; and providing an effective date. (This is the first reading of Ordinance No. 10-2021. The second reading and public hearing is scheduled to be considered by Council on April 27, 2021 at 6:30 p.m.)

 

C. Ordinance No. 11-2021 - Business Tax Receipt Exemptions - Conduct the first reading of Ordinance No. 11-2021 amending the Code of Ordinances to reference Business Tax Receipts exemptions created by the State of Florida and consolidating current exemptions into one section, by amending Chapter 11 “Licenses and Business Regulations”, Section 11-38 “Exemption” and deleting duplicative Sections 11-39 “Exemption for disabled veterans of any war or their unremarried widows/widowers”, 11-41 “Religious tenets exemptions”, 11-42 “Charitable, religious, educational organizations exemption” and 11-43 “Exemption for motor vehicles”, providing for severability, repeal of conflicting ordinances, effective date and incorporation into the code. (This is the first reading of the ordinance. The second reading and public hearing is scheduled to be heard on City Council on April 27, 2021 beginning at 6:30 PM.) 

 

11. OLD BUSINESS 

 

A. Advisability for Solid Waste Assessment - Provide direction on transitioning Solid Waste billing associated with residential properties within the City from the current monthly utility bill to a non-ad valorem assessment. The earliest this could take place is the FY23 budget proposals.

 

B. Award of Contract for Construction of the Mourning Dove WTP Solids Train Upgrade Project - Approve award of a contract for Bid No. 20-B-019 to Sawcross, Inc. of Jacksonville, FL for the Mourning Dove WTP Solids Train Upgrade project in the amount of $4,753,000 and authorize the Mayor to execute the contract 669 subject to final approval by the Florida Department of Environmental Protection.

 

12. NEW BUSINESS

 

A. Ad Valorem Tax Abatement for Tax Year 2020 and Ground Lease Incentive - Professional Aircraft Accessories - Approve the Economic Development Ad Valorem Tax Exemption (continuation of Ordinance No. 05-2011) for Professional Aircraft Accessories (PAA) at 100 percent for tax year 2020 and approve the ground lease incentive payment authorized by the April 26, 2011, Memorandum of Understanding between the City and PAA in the amount of $12,500.00.

 

B. Tax Year 2020 Ad Valorem Tax Abatement - Barn Light Electric - Approve the Economic Development Ad Valorem Tax Exemption (continuation of Ordinance No. 19-2013) for Barn Light Electric at 85 percent.

 

C. Ad Valorem Tax Abatement for Tax Year 2020 - Brix Project Brewery - Approve the Economic Development Ad Valorem Tax Exemption (continuation of Ordinance No. 27-2015) for tax year 2020 for Brix Project Brewery at 100 percent.

 

D. Continuation of Ad Valorem Tax Abatement - Paragon Plastics - Approve the Economic Development Ad Valorem Tax Exemption (continuation of Ordinance No. 23-2015) for tax year 2020 for Paragon Plastics at 60 percent. 

 

E. Ad Valorem Tax Abatement for Tax Year 2020 - Eckler Industries (Project Circle) - Approve the Economic Development Ad Valorem Tax Exemption (continuation of Ordinance No. 18-2013) for tax year 2020 for Eckler Industries (Project Circle) at 90 percent.

 

F. Proposal to Develop a Code Enforcement Lien Amnesty Program - In order to incentivize code compliance, and to expedite the process to settle outstanding liens, a Lien Amnesty Program is proposed for advisability. 

 

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