Regular City Council - April 27, 2021 6:30 PM

 


City Council

Regular Meeting

April 27, 2021

 

The City of Titusville City Council met in regular session on Tuesday, April 27, 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 7:03 p.m., not 6:30 p.m., due to the Council meeting for special recognitions and presentations at 5:30 p.m. ran late. Those present included Mayor Daniel E. Diesel, Vice-Mayor Jo Lynn Nelson, City Council Members Robert L. Jordan, Jr., Joe C. Robinson, and Dr. Sarah Stoeckel. City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells were also present. Assistant City Clerk Jolynn Donhoff completed the minutes of the meeting. 

 

Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag. City Clerk Wanda Wells read the procedure for public comment and participation. 


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APPROVAL OF MINUTES

 

Motion:

Vice-Mayor Nelson moved to approve the minutes of the regular City Council meeting on January 26, 2021 (6:30 p.m.), as submitted. Member Jordan seconded the motion and the roll call vote was:

 

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

 

The motion carried unanimously.

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SPECIAL RECOGNITIONS & PRESENTATIONS – None. 

 

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BOARDS AND COMMISSIONS

 

Student Advisory Council Annual Report - The 2020/2021 Student Advisory Council Annual Report, including recommendations and goals for 2021/2022, was presented by several members of the Student Advisory Council. No action was requested.

            

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Student Advisory Council Scholarships – Mayor Diesel presented scholarship checks to Student Advisory Council Members (seniors) Caleb Phillips of Titusville High School and Isaac Gutman of the North Brevard Home School Association.


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2021/2022 Student Advisory Council Membership Appointments – The request was for Council to confirm the proposed slate of students as members of the 2021/2022 Student Advisory Council, as appointed by their respective schools, as followed:

 

Astronaut High School. 12th Grade, Emilee Ellis; 11th Grade, Savannah Sevor; 10th Grade, Addison Flake; and 9th Grade, Callie Cerrato. 


North Brevard Home School Association. 12th Grade, Ben Hamilton; 11th Grade, Aliyah Deimeke; 10th Grade, Edie Pringle; and 9th Grade, Julia Moon. 


Titusville High School. 12th Grade, Jacob Phillips; 11th Grade, Aiden Sperr; 10th Grade, Richie Dobbs; and 9th Grade, Victoria Hillery. 

 

Motion:

Member Jordan moved to confirm the aforementioned and proposed slate of students to the 2021/2022 Student Advisory Council, as appointed by their respective schools. Vice-Mayor Nelson seconded the motion and the roll call vote was:  

 

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

 

The motion carried unanimously.

 

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Titusville Housing Authority - The Titusville Housing Authority's Semi-Annual written report was included in the agenda packet. No action was requested.

 

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Board of Adjustments and Appeals – The request was to accept the resignation of Regular Member Earl Johnson, Jr. of the Board of Adjustments and Appeals with an unexpired term that would expire on July 31, 2021. His resignation was effective on April 16, 2021.


Motion:

Member Jordan moved to accept the resignation of Board of Adjustments and Appeals Regular Member Earl Johnson, Jr. effective on April 16, 2021. Vice-Mayor Nelson seconded the motion and the roll call vote was:  

 

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

 

The motion carried unanimously.

 

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North Brevard Library District Board - The North Brevard Library District Board's Semi-Annual written report is included in the agenda packet. No action was requested.

 

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS) – 

 

Stan Johnston read from an email that he sent to the City earlier in the day, regarding his concerns on communicating with the City and prior requests to meet with City officials.  

 

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CONSENT AGENDA

 

Member Jordan requested pulling Consent Agenda Item 8 A for discussion. Member Stoeckel requested pulling item Consent Agenda 8 D for the same reasonCity Manager Larese read Consent Agenda Items A through I, as followed:

 

A. Sand Point Park Pond Management Evaluation - Approve the award of Work Order #ECTSW012 to Environmental Consulting & Technology, Inc. in the amount of $41,617.86 to prepare a management evaluation of the Sand Point Park Ponds to address nutrient concerns, approve a budget amendment to fund the work order, and authorize the City Manager to execute the work order.

 

B. Purchase of Replacement Vehicles – Water Resources - Approve the use of the cooperative Sourcewell (formerly NJPA) Contract #2021 120716-NAF&06 to purchase budgeted vehicle replacements from Alan Jay Fleet Sales in Sebring FL in the amount of $108,623, approve the use of The Florida Sheriff's Association bid to purchase a third replacement vehicle from Duval Ford of Jacksonville, FL in the amount of $53,059, and authorize the Mayor to execute any associated agreement and City staff to issue resulting purchase orders.

 

C. Brevard County Emergency Medical Services Grant Award and associated Budget Amendment Approval - Approve the award for the Brevard County Emergency Services Grant to provide 75% funding towards the purchase of a Lucas 3 Chest Compression System including all necessary accessories from the sole source vendor Stryker Medical for a total cost of $15,796.82 and to approve the associated budget amendment and to execute any instruments necessary for the receipt of the grant and the purchase of identified equipment.

 

D. Replacement Pump and Panel Purchase for Vector Space Lift Station - Approve purchase to Hydra Service, Inc. of Debary Florida in the amount of $103,718 for the purchase of two 70hp ABS wastewater pumps and one ECS Manufactured Duplex Control Panel for the Vector Space Lift Station, and authorize the Mayor to approve issuance of the necessary purchase order for this acquisition.

 

E. Work Order for Engineering Programming Services for the Blue Heron Water Reclamation Facility - Approve the award of Work Order #03 to Rocha Controls Municipal and Industrial Control Systems of Tampa, FL in the amount of $86,775 to provide consulting and programming services including but not limited to upgrading the Blue Heron Water Reclamation Facility (WRF) SCADA System and authorize the Mayor to execute the work order upon review and approval of City Manager and City Attorney.

 

F. Resolution No. 14-2021 Approving Temporary Closure of State Roads for Special Event - Titusville High School Graduation - Approve Resolution No. 14-2021 approving the temporary closure of US1 on May 28, 2021 for the Titusville High School Graduation.

 

G. Amendment No. 1 to State Revolving Fund Loan Agreement DW050331 - Approve Amendment No. 1 to State Fund Revolving Loan Agreement DW050331 and authorize the City Manager to execute on behalf of the City.

 

H. Resolution No. 15-2021 urging the Centers for Disease Control and Prevention (CDC) to remove the suspension on cruise ship operations from Port Canaveral - Approve Resolution No. 15-2021 urging the Centers for Disease Control and Prevention (CDC) to remove the suspension on cruise ship operations from Port Canaveral.

 

I. Engagement Letter from Bond Counsel, Rhonda Bond-Collins, Esq. - Accept and approve Engagement Letter from Bond Counsel, Rhonda Bond-Collins, Esq., of the Bryant, Miller, Olive, Law Firm.

 

Member Jordan and Water Resources Director Sean Stauffer discussed Member Jordan’s questions on Consent Agenda Item 8 A - Sand Point Park Pond Management Evaluation. The questions addressed methods to gauge how ponds functioned properly and based on their design or intended purpose, use of funding, other options if available, etc. Additional discussion ensued on dredging stormwater ponds and these substantive costs, potential pollutants entering the lagoon, stormwater practices, monitoring projects, nutrient, pollutant, and sediment measuring processes, the Save Our Lagoon Project, dredging the lagoon was different than a pond, pond or lagoon ground materials could sometimes be harmful if stirred, water quality, the requested action would reveal what was needed for the ponds at Sand Point Park, whether the current pond sediment affected the pond’s water quality, muck flux and how it worked, etc. 

 

Brief discussion ensued on the public comment and voting procedures for Consent Agenda items, as well as pulling an item for the Council’s discussion versus an individual Council member asking a question for clarification on an individual Consent Agenda item. 

 

Member Jordan discussed whether contaminants could flow over into the lagoon. There were other variables that affected whether this happened or not. 


 
Member Stoeckel asked for the rationale for Consent Agenda Item 8 D - Replacement Pump and Panel Purchase for Vector Space Lift Station and the lifespan of lift stations. 

 

Mayor Diesel requested hearing from any public that submitted a public speaking card or desired speaking on Consent Agenda Item 8 A - Sand Point Park Pond Management Evaluation. If so, individuals would be provided three minutes to comment on this individual agenda item. No members of the public came forward; however, email comments from Kay St. Onge (citizen) were distributed to Council prior to the meeting on Consent Agenda Item 8 A - Sand Point Park Pond Management Evaluation.

 

Next, Mayor Diesel also requested hearing from any public that submitted a public speaking card or that desired speaking on Consent Agenda Item 8 D - Replacement Pump and Panel Purchase for Vector Space Lift Station. If so, individuals would be provided three minutes to comment on this individual agenda item. No members of the public came forward. 

 

Finally, email comments from Stan Johnston (citizen) were distributed to the Council prior to the Council meeting. Stan Johnston also submitted public speaking cards on Consent Agenda Items A, B, C, D, G, H, and I. He recommended approval on Consent items A, B, C, and D. He was neutral on items G and I. The item that most interested him was Consent Agenda item A - Sand Point Park Pond Management Evaluation, for reasons he explained. 

 

Motion:

Member Jordan moved to table Consent Agenda Item A - Sand Point Park Pond Management Evaluation, until the Council was provided more information on options to determine the silt levels in the ponds at the Sand Point Park.

 

The motion died for the lack of a second. 

 

Motion:

Vice-Mayor Nelson moved to approve Consent Agenda Item A - Sand Point Park Pond Management Evaluation, as recommended. Member Stoeckel seconded the motion and the roll call vote was:  

 

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       No

Mayor Diesel                          Yes

 

The motion for approval carried, 4-1, with Member Jordan in objection.

 

Motion:

Vice-Mayor Nelson moved to approve Consent Agenda Items B, C, D, E, F, G, H, and I, as recommended. Member Stoeckel seconded the motion and the roll call vote was:  

 

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

 

The motion carried unanimously.

 

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

2021-2022 Community Development Block Grant (CDBG) Annual Action Plan – City Manager Larese highlighted the request provided in the Council agenda packet. The request was to conduct the final public hearing on the City's CDBG 2021-2022 Annual Action Plan; authorize the Neighborhood Services Director and Mayor to sign the grant applications and certifications as required; and approve submittal to the Department of Housing and Urban Development (HUD). It was also requested that Council approve a request to HUD to transfer the outstanding Neighborhood Stabilization Program or NSP3 funds to the CDBG program.

 

Neighborhood Services Department Director Terrie Franklin reviewed information supporting the requested action. In short, the funding was proposed to three non-profit agencies. Neighborhood Services Director Franklin made one correction to information provided on page no. 137 of the Council agenda packet, which indicated the Early Learning Coalition, but which should be corrected to Aging Matters; otherwise, the information was correct in the summary, the CDBG 2021-2022 Annual Action Plan, and the public notice.

 

Neighborhood Services Department Director Franklin further highlighted the request as provided in the Council agenda packet. Each year, the City submitted an Annual Action Plan to HUD outlining the programs and activities, consistent with the goals and objectives of the Five-Year Strategic Plan, it would undertake during the upcoming grant program year. On March 8, 2016, the City Council adopted the City's CDBG Strategic Plan for the CDBG program, which outlined the priority needs and strategies that would govern the City's Annual Action Plan over the Plan cycle.

 

On March 23, 2021, City Council approved the funding recommendations for its CDBG Annual Action Plan for 2021-2022.  As a result, staff has finalized the programs and funding levels, and completed the corresponding Action Plan document to be transmitted to HUD.

 

Highlights of the Action Plan provided partnerships with three (3) non-profit agencies in providing various public services, sidewalk improvements, and administrative components; all consistent with the approved strategies and priority needs of the Strategic Plan.

 

Public Services

Women's Center- domestic violence safe house and supportive services $16,300

Aging Matters- senior nutritional meals on wheels program $10,000

Family Promise- homeless prevention and supportive services $23,353

 

Noted: Any unused CARES Act funds would be carried forward and continued to be utilized for eligible COVID-19 related public services.

 

Other activities

Neighborhood Revitalization Program- Sidewalk Improvements $215,163

 

Administration

Oversight and management $65,104

Fair Housing activities $1,000

 

Because the City received HOME grant funds via Brevard County HOME Consortium, the following uses of HOME funds for FY2021-2022 were proposed, as followed:

 

Housing

$102,057.03

 

Community Housing Developer Organization Activities

$20,411.41

 

Administration

$10,110.45

 

Additionally, with this Plan, staff included the transfer of unobligated/unused Neighborhood Stabilization Program (NSP3) program income funds to the Community Development Block Grant (CDBG) program. The City's NSP3 program was inactive with the successful completion of the Inspiration Village Subdivision project, and as a result, there were no eligible activities available to expend these remaining funds. Therefore, in accordance with NSP regulations, the City may request to transfer NSP3 program income earned, current and future, to its CDBG program where it would take on all characteristics of the CDBG program. This move would allow the City to close its NSP3 program with HUD, but continue to utilize any income derived from the NSP3 program for other priorities under the CDBG program. The current unobligated balance of NSP3 program income was $44,792.23. Staff requested Council's approval to authorize the Neighborhood Services Director to make this transfer request with the Department of Housing and Urban Development (HUD).

 

Further, staff had incorporated language in the proposed Action Plan that referenced the impeding receipt of American Rescue Plan Act (ARPA) funds this year from the U.S. Treasury Department. It was anticipated the City would receive approximately $7.8 million in American Rescue Plan Act (ARPA) grant funds over the next two years. Although these funds were separate from the Community Development Block Grant (CDBG) program, it was recommended that the City highlight these funds in its Action Plan to showcase the City's continued efforts to offset the impacts of the COVID-19 pandemic on our local economy and its citizens, and make the Department of Housing and Urban Development (HUD) aware of this revenue source that would assist in addressing the goals and priorities in the Plan. 

 

Completion of the CDBG Action Plan was a requirement of the grant program to continue receiving entitlement grant funds. CDBG funds in the amount of $331,020 would become available on October 1, 2021 upon approval of the Plan by the HUD. Staff advertised this public hearing to afford citizens an opportunity to comment. 

 

Staff was requesting approval of the City's 2021-2022 CDBG Annual Action Plan as presented, and authorization for the Neighborhood Services Director and/or the Mayor to sign the associated grant applications and certifications as required, and submittal of the Plan to HUD via Brevard County. If approved, a thirty-day (30) public comment period would follow prior to the submission.

 

No individuals from the public or citizens submitted public speaking cards or requested commenting on the public hearing agenda item. 

 

 

Motion:

Vice-Mayor Nelson moved to approve the 2021-2022 Community Development Block Grant (CDBG) Annual Action Plan and authorize the Neighborhood Services Director and Mayor to sign the grant applications and certifications, as recommended. The motion also included approving submittal to the Department of Housing and Urban Development (HUD) and for HUD to transfer the outstanding Neighborhood Stabilization Program or NSP3 funds to the CDBG program, as recommended. Member Jordan seconded the motion and the roll call vote was:  

 

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

 

The motion carried unanimously.

 

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Ordinance No. 9-2021 - Revocation of Ad Valorem Tax Exemption for NewSpace Center LLC –City Attorney Broome read Ordinance No. 9-2021 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, REVOKING THE ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO NEWSPACE CENTER LLC; AND PROVIDING FOR AN EFFECTIVE DATE, for the second time by title only.

 

City Manager Larese highlighted the request provided in the Council agenda packet. The request was to conduct the public hearing of Ordinance No. 9-2021.

 

Mayor Diesel opened the public hearing. Due to there were no persons that wished to speak, the public hearing was closed.

 

Motion:

Member Jordan moved to approve Ordinance No. 9-2021 for the Revocation of Ad Valorem Tax Exemption for NewSpace Center LLC, as recommended. Member Stoeckel seconded the motion and the roll call vote was:  

 

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

 

The motion carried unanimously.

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Ordinance No. 10-2021, Economic Development Ad Valorem Tax Abatement to Dark Storm Industries, LLC (Project Freedom) - City Attorney Broome read Ordinance No. 10-2021 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, ALLOWING FOR AN AD VALOREM TAX 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, for the second time by title only.

 

City Manager Larese highlighted the request provided in the Council agenda packet. The request was to conduct the public hearing of Ordinance No. 10-2021. City Manager Larese indicated the company met the criteria for a tax abatement of 70 percent for seven years. He also advised that email comments from citizens were provided to the Council on this agenda item.

 

Council discussion ensued. Mayor Diesel opened the public hearing.

 

Edgar Campo-Palafox, on behalf of the request, was available to answer questions. His company estimated that approximately seven to twelve employees would transfer to Titusville from New York. The indication was that approximately 40 jobs would be filled by individuals living on the space coast. Some jobs would pay an estimated $50,000 per year and this did not include upper management positions. Mr. Campo-Palafox further reviewed federal statistics on employment wages, methods in which the company would solicit their employees, etc.  

 

Email comments from Dwight Severs and Kay St. Onge (citizens) that were submitted on the agenda item prior to the meeting, were distributed to the Council.

 

Individual Council members commented or discussed various questions during the public hearing. Both Mr. Campo-Palafox and North Brevard Economic Development Zone (NBEDZ) Director Troy Post addressed some of the Council’s questions or comments during the hearing. The context of Council’s comments was related to the following:

 

  • Whether, if, or how the company might employ local citizens over a five year span of time to achieve or employ 50 employees.
  • Full time employees, part time employees, terms and expectations on the percentages of these roles. The indication was full time employment was desired.
  • Economic Development incentives to attract business to the area and competing with other communities to attract business.
  • Land or site reimbursement cost incentives.
  • Capital investment grants.
  • County tax payment.
  • The cost-benefit analysis for the community.
  • The company would indirectly support other jobs in the community, by resources they needed for their own operations.
  • Development, economic investment, and taxable values of the company’s subject site.
  • Employee benefit packages.

 

Discussion continued on the following:

 

  • Employers typically did not want excessive employee turn-over and would seek to offer full time employment with benefits for incentives for employees to stay with a company.
  • Appeal to Council to consider 100% abatement, instead of 70%.
  • A desire for the local community to benefit from the company’s future growth, including salary and training targets.
  • Specifications from the proposed ordinance
  • The City was in competition with other communities to attract new business and promote a diverse local industry and economy.
  • Other communities may have site ready locations available to attract the new project. The idea was to entice the project to locate within Titusville.
  • Salary averages and job creation worksheet
  • Providing incentives during an economic upswing and if it was necessary or useful
  • Communities being vulnerable to having very few commerce varieties
  • Having and promoting more diverse commerce
  • Working on many economic growth tools

 

Nathan Slusher was neither for nor against the request. Instead, he requested the City not exempt the project or its requestors from having to pay taxes on services like police and fire, which he advised would shift the cost burden onto the citizens.

 

Due to there were no additional persons that wished to speak, Mayor Diesel closed the public hearing.

 

Motion:

Member Jordan moved to approve Ordinance No. 10-2021 for the Economic Development Ad Valorem Tax Abatement to Dark Storm Industries, LLC (Project Freedom) for 100% at 10-years. 

 

The motion died for the lack of a second. 

 

Motion:

Member Stoeckel moved to approve Ordinance No. 10-2021 for the Economic Development Ad Valorem Tax Abatement to Dark Storm Industries, LLC (Project Freedom) for 7-years at 70%, as recommended. Member Jordan seconded the motion and the roll call vote was:  

 

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  No

Member Jordan                       Yes

 

The motion for approval carried, 4-1, with Member Robinson in objection.

 

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Ordinance No. 11-2021 - Business Tax Receipt Exemptions – City Attorney Broome read Ordinance No. 11-2021 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES TO REFERENCE BUSINESS TAX RECEIPTS EXEMPTIONS CREATED BY THE STATE OF FLORIDA, BY AMENDING CHAPTER 11 “LICENSES AND BUSINESS REGULATIONS”, SPECIFICALLY CREATING SECTION 11.37.5 “EXEMPTIONS UNDER STATE LAW”, PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the second time by title only.

 

City Manager Larese highlighted the request provided in the Council agenda packet. The request was to conduct the public hearing of Ordinance No. 11-2021.

 

Mayor Diesel opened the public hearing. Due to there were no persons that wished to speak, he closed the public hearing.

 

Motion:

Member Robinson moved to approve Ordinance No. 11-2021, as recommended. Vice-Mayor Nelson seconded the motion and the roll call vote was:  

 

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

 

The motion carried unanimously.

 

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ORDINANCES-FIRST READING – None. 

 

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OLD BUSINESS

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NEW BUSINESS

 

Mid-Year 2021 Financial Review - City Manager Larese highlighted the request provided in the Council agenda packet. The request was to accept the FY 2021 Mid-Year Financial Review and approve the proposed budget amendments for the Fiscal Year's Quarter Ending March 31, 2021, as presented by Finance Director Bridgette Clements and City Manager Larese. Additionally, City Manager Larese commended the Finance Director and the Finance Team on their hard work. Mayor Diesel added that staff’s hard work resulted in excellent financial audits. 

 

Motion:

Vice-Mayor Nelson moved to accept the FY 2021 Mid-Year Financial Review and approved the proposed budget amendments for the Fiscal Year’s Quarter ending March 31, 2021, as recommended. Member Jordan seconded the motion and the roll call vote was:  

 

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

 

The motion carried unanimously.

 

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Work Order for Titusville Government Center - City Manager Larese highlighted the request provided in the Council agenda packet. The request was to approve Work Order #AECOMWR014 to AECOM Technical Services Inc in the amount of $361,922 to provide Architectural and Engineering Consulting Services for a Multi Department Government Center Design Development Services and approve Mayor to execute work order upon review of City Manager and City Attorney. The proposed action was subject to the approval of the mid-year budget allocation (the prior agenda item).

 

Public Works Director Kevin Cook was available to answer questions.

 

Mayor Diesel advised that this request was a necessary first step. He followed this by the concept’s actual realization may require a future voter referendum or voter approval. Member Robinson indicated support of Mayor Diesel’s comments.

 

Discussion ensued on the current City Hall building (1960s era) included original concepts to renovate or expand in the future; however, some present challenges of expanding the current building was providing enough employee parking and having enough funding to carry the maintenance costs on the building’s aging mechanical and electrical infrastructure. To this, Vice-Mayor Nelson requested the anticipated or future maintenance costs for the present City Hall building be provided in or in conjunction with the proposed consulting services. Public Works Director Cook added that the life-cycle information of the current building could be provided and how the consolidations of more departments under one roof and current technologies for a new building could save on costs, etc.

 

Member Stoeckel and Public Works Director Cook discussed her questions on evaluating a location site and building space for a new government complex, the consultant would design for a generic site format(s), a specific location was not yet identified, consultant selection processes, consulting costs and cost caps, consultant experience of designing public safety buildings, etc.  

 

Member Jordan supported the request and being proactive to benefit the City’s future. He realized not everyone would agree with the proposal, but this was the nature of change.

 

Motion:

Member Jordan moved to approve Work Order #AECOMWR014 to AECOM Technical Services Inc. in the amount of $361,922 to provide Architectural and Engineering Consulting Services for a Multi Department Government Center Design Development Services and approve Mayor to execute work order upon review of City Manager and City Attorney, as recommended. Vice-Mayor Nelson seconded the motion and the roll call vote was:  

 

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

 

The motion carried unanimously.

 

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Advisability - Allocation of American Rescue Plan Act Funding for Community Development Initiatives - Housing and Small Business - City Manager Larese highlighted the request provided in the Council agenda packet. The request was to approve advisability on the allocation of federal American Rescue Plan Act Funding for Community Development Initiatives. He added that as more information was received from the Treasury and the State, he would provide this information to the Council.

 

Member Robinson and Community Development Director Busacca discussed his questions on the types of financial or other assistance that might be provided to the public. Staff indicated they were awaiting formal guidance on use of this funding that had not been received yet. In theory, some ideas on the use of funding might include rental and mortgage assistance, water bills, small business costs for items like grease interceptors, grants, etc.

 

Nathan Slusher submitted a public speaking card. He commented on a prior idea to help new businesses with their start-up or legal costs to open a new business, other than business tax receipt (BTR) costs---an item that staff had already received advisability from Council.

 

Member Jordan advised that the County had a website, where the public could apply for rental and mortgage cost assistance now, but that seemingly no one was applying for the assistance. Member Robinson indicated the same and that it was important for the public to know they could apply for assistance on these costs. 

 

Motion:

Member Jordan moved to approve advisability on the allocation of federal American Rescue Plan Act Funding for Community Development Initiatives, as recommended. Vice-Mayor Nelson seconded the motion and the roll call vote was:  

 

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

 

The motion carried unanimously

 

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Resolution No. 13-2021 - Code Enforcement Lien Amnesty Program - City Manager Larese highlighted the request provided in the Council agenda packet. In order to incentivize Code compliance and to settle outstanding liens, a Code Enforcement Lien Amnesty Program was proposed for adoption via Resolution No. 13-2021.

 

Assistant City Attorney Chelsea Farrell advised Council that the resolution and amnesty program served or allowed 5% of an outstanding Code Enforcement fine, but which would not exceed $1,500 or the amount to be collected from such fines. If approved, the program would last at least one year.

 

Motion:

Member Jordan moved to approve Resolution No. 13-2021 - Code Enforcement Lien Amnesty Program, as recommended. Vice-Mayor Nelson seconded the motion and the roll call vote was:  

 

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

 

The motion carried unanimously

 

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS)

 

Nathan Slusher commented on the hours of alcohol sales in the Code and his conversations with businesses that sold alcohol. He requested Council’s consideration of changing the Code on the hours of alcohol sales. It was noted this subject was an item on the City Attorney’s Report. 

 

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MAYOR AND COUNCIL REPORTS

 

Mayors Report - Mayor Diesel submitted his written report.

 

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Council Reports – 

 

Vice-Mayor Nelson commented on having enough local job training opportunities that did not require citizens to travel to other cities. She desired identifying a building and going out to bid for training providers to provide these services at a site ready building or one that might be maintained by the City and used by an education provider.

 

Mayor Diesel desired collaborating with Brevard Public Schools (BPS) and Eastern Florida State College (EFSC) to discuss night school opportunities, more vocational training, and to ask questions like why job training programs were diminishing or went elsewhere. He was presently aware of high school training programs that offered training in several vocational fields. 

 

City Manager Larese discussed core services and having conversations with EFSC to ask if student enrollment numbers were the reasons why fewer vocational training opportunities existed at the EFSC campus in Titusville, etc. He added that the City did participate in the Economic Development Commission of Florida’s Space Coast certified technician education program and scholarships. 

 

Member Stoeckel was aware that college enrollment numbers were down last year, perhaps due to the COVID-19 pandemic. She also advised that population growth was likely the reason for more education programs in south Brevard County. These concepts like growth and enrollment numbers may be a factor on where the college allocated its resources. 

 

Vice-Mayor Nelson indicated that one could argue that her request could be categorized as a core service of the City. 

 

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It was 10:30 p.m.

 

Motion:

Member Stoeckel moved to extend the meeting to 10:45 p.m. Vice-Mayor Nelson seconded the motion and it carried unanimously. 

 

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Member Stoeckel discussed Council’s rules and her concerns on public comment procedures for Consent Agenda items and for items pulled for further Council deliberation and discussion versus those not pulled. Consent Agenda was in essence one agenda item for mundane business, but when Council pulled an item from Consent Agenda for discussion and deliberation, under the current rules that particular item became a separate and unique agenda item. 

 

Asking a clarifying question was okay, too. Individual Council Members may indicate they do not want to pull a Consent Agenda item, but they have a clarifying question (if any).  

 

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Member Stoeckel requested a presentation or report on baffle boxes and stated that she has had citizens specifically ask about the baffle box on Main Street.  She wanted information on how often they were cleaned, cost, etc., prior to the budget process.

 

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CITY MANAGER’S REPORT

 

City Manager's Report - City Manager Larese submitted his written report. All items were informational only, as followed.

 

  • 2021 Red, White, and Boom! Celebration – July 4, 2021 at 7:00 p.m.
  • FY 2022 Budget Workshop – Wednesday, August 11, 2021 at 5:00 p.m.
  • FY 2022 First Budget Public Hearing – Tuesday, September 7, 2021 at 5:30 p.m.
  • FY 2022 Second and Final Budget Public Hearing – Wednesday, September 15, 2021 at 5:30 p.m.

 

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CITY ATTORNEY’S REPORT

 

City Attorney’s Report - City Attorney Broome submitted his written report. He highlighted the following two items on his report. 

 

Summary of Extended Hours of Operation Permit for Alcohol Sales – Information and a memorandum was provided in the Council agenda packet for informational purposes. Council did not take any action.

 

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Proposed Memorandum of Understanding to Resolve Opioid Litigation – Information and a memorandum was provided in the Council agenda packet for informational purposes. The Attorney General's Office had provided a proposed Memorandum of Understanding for the cities and counties to consider in resolving ongoing opioid litigation with numerous entities engaged in the manufacture, marketing, promotion and distribution of opioids.  

 

Pursuant to this proposed Memorandum of Understanding, almost all of the settlement funds would go to abatement activities such as strategies, programming and services to expand the availability of treatment for individuals impacted by Opioid Use Disorder or co-occurring Substance Use Disorder and Mental Health Disorders.

 

This Memorandum of Understanding was being provided for the City Council’s review.  The Attorney General's Office would also be scheduling calls to answer questions (Q&A) about the Memorandum of Understanding.  Subsequently, the proposed Resolution and Memorandum of Understanding would be scheduled on a future Council agenda for consideration.

 

City Manager Larese recommended Council register for the Attorney General’s Q&A session as observers, not a participants, in order to avoid the possibility and unintentional violation of State Sunshine Laws.

 

Council did not take any action at the meeting on this information.

 

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With no further business to discuss, the meeting adjourned at 10:38 p.m.