Regular City Council - May 25, 2021 6:30 PM

 


City Council

Regular Meeting

May 25, 2021

 

The City of Titusville City Council met in regular session on Tuesday, May 25, 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 6:30 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 City Clerk Wanda Wells. Sr. Administrative Assistant Emily Campbell completed the minutes.

 

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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 procedures for public comment and participation.

 

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APPROVAL OF MINUTES

 

Motion:

Member Jordan moved to approve the minutes of the regular City Council meetings on March 23, 2021 (6:30 p.m.) and April 27, 2021 (5:30 p.m.). 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. 

 

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SPECIAL RECOGNITIONS & PRESENTATIONS

 

Public Works Department Spotlight – Public Works Director Kevin Cook and Deputy Public Works Director Sandy Reller presented a video highlighting the Public Works Departments. The eight divisions include engineering, facilities maintenance, fleet management, solid waste, recycling, stormwater management, street maintenance, and administration.

 

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Letters of Appreciation – City Manager Larese advised that letters of appreciation were given to Shawn Holbrook, Justin Johnson, Aaron Jolly, Patrick King, David Martin, Jeffrey Trafton, and Cheyne Wilson from Fire Rescue Services.

 

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BOARDS AND COMMISSIONS

 

Affordable Housing Advisory Committee (AHAC) and Resolution No. 16-2021 – City Manager Larese advised the request was to approve appointment of William "Bill" Gary and confirm Councilmember Joe C. Robinson, to the AHAC to fill the vacant classifications of Advocate for Low-Income People and Elected Official, and approve related Resolution No. 16-2021 establishing the membership of the AHAC.

 

William Gary spoke to council and expressed that although many people in the community were doing well, there are still people that needed affordable housing and he wanted to help those people. 

 

Motion:

Vice-Mayor Nelson moved to appoint William “Bill” Gary and confirm Councilmember Joe C. Robinson to the Advocate for Low-Income People and Elected Official and approve related Resolution No. 16-2021 establishing the membership of the AHAC. Member Jordan 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.

 

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Planning and Zoning Commission - City Manager Larese advised the request was to accept the resignation of Regular Member Joyous Parrish with a term to expire on January 31, 2023. Ms. Parrish's resignation was effective on May 11, 2021. The request was also to appoint one (1) regular member to the Planning and Zoning Commission with an unexpired term to expire on January 31, 2023. If an alternate member was appointed as a regular member, appoint one (1) alternate member to the Planning and Zoning Commission with an unexpired term to expire on January 31, 2022 or January 31, 2023.

 

City Manager Larese announced that there were four applications on file to consider for the appointment including Mr. Danny Aton, Mr. Christopher Childs, Mr. Robert Johnston, and Alternate Member Ms. Catherine Riley. He stated that they have all expressed their willingness and desire to serve on the Planning and Zoning Commission as a regular member with a term to expire on January 31, 2023.

 

Motion:

Member Jordan moved to approve the resignation of Regular Member Joyous Parrish from the Planning and Zoning Commission, with regrets. Vice-Mayor Nelson 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.

 

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The next action was to appoint a regular member to the commission. 

 

Vice Mayor Nelson expressed that Ms. Catherine Riley has been with the Planning and Zoning Commission for a while as an alternate member and has been attending the meetings and stated that her vote was to move Ms. Catherine Riley to a regular member and appoint Mr. Danny Aton as an alternate member. 

 

Member Jordan expressed that he wanted Mr. Danny Aton to be voted in as a regular member and leave the alternates in their current position. 

 

Member Stoeckel stated that she believes that Mr. Danny Aton would be an excellent choice as a regular member.

 

Robert Johnston expressed that he would like to see himself or Ms. Catherine Riley take the role as a regular member for the Planning and Zoning Commission.

 

Laurilee Thompson expressed that Ms. Catherine Riley deserves the opportunity to step up from an alternate member to a regular member and that she always attended the meetings although she was not required to attend the meetings as an alternate member. She stated that Mr. Danny Aton would make a good alternate member that could possibly move up to a regular in the future. 

 

Catherine Riley stated that for the last eight months, she served on the Planning and Zoning Commission as an alternate member. She stated that it was a lot of work to be on the commission as an alternate member, but she enjoyed reading the many pages to prepare her for the meetings. She stated her experience separates her from the others by having thirty-nine years of experience as an attorney, as well as twenty-two years being a small business owner in Titusville.

 

Danny Aton stated that he was a commercial business owner, commercial real estate owner, and a member of the North Brevard Economic Development Zone Board since its founding, etc.

 

Member Jordan moved that we nominate Danny Aton as a regular member to the Planning and Zoning Commission. Vice-Mayor Nelson moved to nominate Catherine Riley as a regular member to the Planning and Zoning Commission. 

 

Roll call vote:

 

                        Vice-Mayor Nelson                Catherine Riley 

                        Member Stoeckel                    Dan Aton

                        Member Robinson                  Dan Aton

                        Member Jordan                       Dan Aton

                        Mayor Diesel                          Dan Aton 

 

Danny Aton was appointed as a regular member to serve on the Planning and Zoning Commission. 

 

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS)

 

Stan Johnston discussed an email that he sent to council regarding an engineering report from Geosyntec Consultants, etc. 

 

Laurilee Thompson passed out the Indian River Lagoon National Estuary Report, that included many grant opportunities. Ms. Thompson stated that the National Estuary Program also provided free grant writers to prepare grants for cities. She discussed the Tourism and Lagoon grant that just opened last week for $50,000 with no matches required and was due on June 21, 2021. Ms. Thompson also included a draft letter asking the Governor to declare the Indian River Lagoon in a state of emergency to receive additional funding. 

 

Linda Meeuwenberg stated that she was a professor in the department of nursing and dental hygiene. She stated that taking fluoride out of the water would be an issue and that we need to take care of our children’s teeth by keeping fluoride in the water. She expressed that the World Health Organization also backs fluoride use in the water. She provided pictures of a three-year-old child’s teeth who had to have a full mouth extraction from lack of fluoride.

 

Jim Antoon who was a dentist in Brevard County was in support of leaving fluoride in the water for Mims and Titusville. He expressed that removing fluoride from the water in Mims would affect Titusville because the children would most likely be using the dentist and doctors in Titusville, although they reside in Mims.

 

Maria Stahl was the administrator and health officer at the Florida Department of Health in Brevard county. She spoke about bringing children and adults into Parish Medical Center and Space Coast Health Administration to deal with dental needs and explained that these cases would get worse with lack of fluoride. She provided a copy of the American Dental Associations Premiere Research of Fluoridation named Fluoridation Facts.

 

Shannon Harp worked in the Public Health Dental Program for the Department of Health and explains that they supported fluoride in water since 1949. She stated that for every dollar invested in community water fluoridation saved around thirty-eight dollars in dental treatment. She also provided a copy of the American Dental Associations Premiere Research of Fluoridation named Fluoridation Facts.

 

Dr. Angela McNeight was an orthodontist and president of the Brevard County Dental Association. She expressed her support for fluoridation in Titusville’s water and her disappointment in the decision to remove fluoride from the water in Mims. 

 

Kevin Hachmeister was the Dental Director at Brevard County Health Alliance. He expressed that he has taken care of children on Medicaid and Adults who were uninsured and asked that the citizens think of those people before allowing anyone to stop fluoridating the water.   

 

Kimberly Dower-Thornton was a pediatrician with Pediatrics in Brevard. She expressed that she was there to protect and advocate for her pediatric patients in Brevard.  

 

Lisa Mosier thanked Council for listening to the citizens about fluoridation, etc. 

 

John Andrews stated that he was a dentist in Titusville and explained how important it is for fluoride to be in the water because of the many people who do not have dental care. 

 

Dr. Yoshita Patel was the owner of Viera Pediatric Dentistry. She thanked the Council for allowing the citizens to be heard. She explained that she does free days of care at her office for the children whose families cannot afford dental insurance. She expressed that having fluoride in the water was one of the cheapest ways to protect these children’s teeth and oral health. 

 

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At 7:45 p.m. Mayor Diesel called for a recess. The meeting resumed at 7:55 p.m. 

 

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Thomas Perez on behalf of Keep Brevard Beautiful (KBB) requested that Council allow him to attend the next City Council meeting to discuss the Compost Program. This was not authorized by City Council; however, Council requested staff provide additional information on the program approved by West Melbourne.   Public Works Director Kevin Cook advised he will reach out to West Melbourne to research their proposal.  

 

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CONSENT AGENDA

 

City Clerk Wanda Wells advised that there were ten cards submitted from one individual.

 

Member Robinson suggest that the council review the bids carefully and to not just pick the lowest bid because it could end up costing the most after the project was completed. 

 

City Manager Larese read Consent Agenda Items A through J, as followed:

 

A. Award Contract to Slip Line Various Gravity Sewer Mains - Approve a piggyback consent agreement with Granite Inliner, LLC of Sanford, Florida pursuant to City of Casselberry annual contract #RFP-2019-0467 for slip lining of various gravity sewer mains throughout the City for a maximum authorized amount for FY21 not to exceed $600,000, authorize purchase orders to be issued on an as needed basis, and authorize the Mayor to execute the agreement upon review and approval of the City Attorney.

 

B. Housing Rehabilitation Program Temporary Costs Adjustment Approve a temporary adjustment to the maximum assistance level for the Housing Rehabilitation Program from $60,000 to $70,000, per eligible household.

 

C. Change Order #1 to Contract #21-B-017 with Gregori Construction, Inc. Approve Change Order #1 in the amount of $33,350 to Contract #21-B-017 with Gregori Construction, Inc to include the necessary repairs at the corner of Titusville High School and South Washington Ave and authorize the City Manager to execute the change order.

 

D. Wash Rack Inspection, Maintenance and Repair Services Contract Award Approve the award of contract to EST Companies of Tempe, AZ in the amount of $39,736 for the wash rack inspection, maintenance and repair services for the wash rack located at the City Garage and authorize the Mayor to execute said contract upon review and approval of City Attorney and staff.

 

E. Change to increase estimated quantities on Contract #SV20B014 with KAG Specialty Product Group for Lime Slurry Removal Services - Approve modification to change the annual estimated quantities (tons) from 8,500 to 15,500 for Contract #SV20B014 between the City and KAG Specialty Product Group, LLC for additional lime slurry removal services on an as needed basis and authorize the City Manager to approve Purchase Orders on an as needed basis.

 

F. Wastewater and Water Production Chemical Purchases Contract B-20-01-COC - Approve the change in use of the Brevard County Public Entity Purchasing Cooperative Contract B-20-01-COC for wastewater and water treatment chemical purchases including Allied Universal Corporation of Miami, Florida for acquisition of Sodium Hypochlorite; Matheson Tri-Gas, Inc of Irving, Texas for acquisition of Carbon Dioxide; Harcros Chemicals, Inc of Tampa, Florida for the acquisition of Hydrofluorosilicic Acid, to purchase on an as needed basis not to exceed the combined annual adopted chemical budget for Water Resources each fiscal year as long as the Contract remains enforce. At the November 12, 2019 City Council meeting these vendors were approved for inclusion in the approved Vendor of Record List greater than $15K for purchases; and authorize the City Manager to issue purchase orders on an as needed basis moving forward in accordance with the authorization permitted for Vendors of Record.

 

G. Emergency Work Order for PLC Replacement and Engineering Programming Services for the Blue Heron Water Reclamation Facility - Approve the award of an emergency work order to Rocha Controls of Tampa, FL in the amount of $117,823 for the replacement of two Programmable Logic Controller (PLC)’s at the Blue Heron Water Reclamation Facility (WRF) and authorize the Mayor to execute the work order upon review and approval of City Manager and City Attorney.

 

H. Resolution No. 18-2021 to approve the Memorandum of Understanding in settlement of the Opioid Litigation - Approve Resolution No. 18-2021 approving the Memorandum of Understanding in settlement of the opioid litigation.

 

I. Engineering Services for Collector Sidewalk Infill Approve the award of Work Order #3 to Kimley-Horn and Associates, Inc in the amount of $254,407.04 to provide engineering consulting services including, but not limited to, preparation of plans, permitting, survey services, bid assistance and construction phase services. Additionally, authorize the Mayor to execute the Work Order upon review and approval of City Manager, City Attorney, and City staff.

 

J. Brevard County Fire Rescue (BCFR) First Responder Vaccine Incentive Program Memo of Understanding for Municipal Fire Departments with Existing Auto Aid Agreements - Approve the Brevard County Fire Rescue First Responder Vaccine Incentive Program Memorandum of Understanding for Titusville Fire Department and authorize the City Manager to execute means necessary to provide incentives in accordance with the BCFR Memorandum of Understanding to the identified first responders employed with the Titusville Fire Department.

 

Stan Johnston submitted a public speaking card on all consent agenda items. He expressed that he opposed Agenda items A, E, F, G, and I because they were under the direction of Water Resources Director Sean Stauffer. Mr. Johnston said the City was dumping lime slurry into the wetlands located west of old Whispering Hills School, etc. Mr. Johnston asked for seven more minutes from Council to discuss the agenda items. Council did not extend his time.

 

Motion:

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

                        

                        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

 

Draft Vision Based Comprehensive Plan: Transmittal of Comprehensive Plan Amendment Application No. 1-2021 – City Manager Larese advised that this item was withdrawn by staff until the Planning and Zoning Commission makes a recommendation.

 

The Planning and Zoning Commission considered this item during their meeting on May 19, 2021 and tabled until the tree ordinance and LID ordinance were approved, 7-0. Staff was withdrawing this item until the Planning and Zoning Commission provided their recommendation. 

 

Council recommended giving the Planning and Zoning Commission a time frame for their recommendations. Member Stoeckel as well as Member Robinson recommended that the recommendations be decided by the Planning and Zoning Commission by their June 2nd or June 16th meeting. 

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Ordinance No. 12-2021 Relating to Temporary Offices in Industrial Zoning – City Manager Larese advised this item was to conduct the first public hearing for Ordinance No. 12-2021 amending Chapter 28 “Zoning” of the Land Development Regulations to allow temporary offices as an accessory use in Industrial zoning classifications and specifying standards; specifically amending Section 28-342 “Accessory use table” and creating Section 28-374 “Temporary offices”; providing for severability; repeal of conflicting ordinances; for an effective date and for incorporation into the code. (This was the first reading and first of two required public hearings. The second public hearing was scheduled for June 8, 2021 beginning at 6:30 PM.)

 

Community Development Director Peggy Busacca explained that the staff proposed a minimum lot size of five acres for Ordinance No. 12-2021.  Staff also proposed that no more than two temporary office units are permitted per property at any one time for a total amount of sixth months in a calendar year unless otherwise authorized by the Council. Staff also stated that a class one site plan would be required and the temporary office must be removed after the permit period ends. 

 

Member Jordan explained that he does not agree with the five acre minimum and suggested that staff changed it to one acre. 

 

The Planning and Zoning Commission will consider this ordinance on their June 2, 2021 meeting.

 

David Mandernack from Astrotech Space Operations thanked the council and explained that the offices were located off to the side of the parking lot and that access to the parking lot for emergency vehicles would not be affected. Mr. Mandernack explained that the buildings would be sitting on paved pathways and the run off storm water would not be affected by these buildings. 

 

Council discussed acreage (five versus one), calculating a percentage for acreage, location of temporary offices, length of time to allow the temporary offices on property, zonings, etc.

 

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ORDINANCES-FIRST READING

 

Ordinance No. 13-2021 - Relating to Impact Fee Credit Transfers – City Manager Larese advised this item was to conduct the first reading of Ordinance No. 13-2021 amending the Code of Ordinances Chapter 34 “Procedures” to include provisions related to transfer of impact fee credits consistent with State law, specifically amending Section 34-426 “Impact fee credits”; providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (The public hearing for this ordinance was scheduled to be conducted by City Council on June 8, 2021 beginning at 6:30 PM.)

 

The Planning and Zoning Commission considered this ordinance during their meeting on May 19, 2021 and recommended approval as presented, 7-0.

 

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Ordinance No. 14-2021 - Low Impact Development (LID) – City Manager Larese advised this item was withdrawn by staff to allow time for the Titusville Environmental Commission, and Planning and Zoning Commission to make recommendations.

 

The Titusville Environmental Commission (TEC) considered this ordinance at their May 12, 2021 meeting and continued it to June 9, 2021 meeting. The Planning and Zoning Commission considered this ordinance at their May 19, 2021 meeting and tabled the item until the TEC makes their recommendations, 7-0.

 

Vice-Mayor Nelson suggested setting a time frame to receive the recommendations. Council requested that the Planning and Zoning Commission consider this item and provide a recommendation to the City Council by the first regular City Council meeting in July of 2021.

 

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OLD BUSINESS – None. 

 



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NEW BUSINESS

 

North Brevard Economic Development Zone (NBEDZ) FY 2022 Proposed Operating Budget (City Contribution) – City Manager Larese advised the recommended action was to review and approve the North Brevard Economic Development Zone (NBEDZ) FY 2022 proposed operating budget (City contribution).

 

Executive Director Troy Post for the North Brevard Economic Development Zone requested that the council approve the proposed budget for FY 2022. Mr. Post explained to Council that the budget covered the sanitary sewer extension along US-1, which improved the condition of the current sewer line. Mr. Post also discussed two new positions for the North Brevard Economic Development Zone, an Administrative Assistant as well as a Project Manager, which were not included in this year’s budget. Mr. Post explained that the Park may be changing names from Spaceport Commerce Park to Expiration Park West.

 

Motion:

Member Jordan moved to approve the North Brevard Economic Development Zone (NBEDZ) FY 2022 Proposed Operating Budget (City contribution), as recommended. 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.

 

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS)

 

Nathan Slusher commented on citizens doing great things in the community and wanted to find a way to reward them in some way, possibly with tax abatements.  City Attorney Broome advised that tax abatements have no flexibility; however, there may be other opportunities through Neighborhood Services and/or available grant programs. Mayor Diesel explained that the City was very limited on what they can do with taxes because of the legalities and state statutes. Mayor Diesel advised that staff will need to review.

 

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MAYOR AND COUNCIL REPORTS

 

Mayor's Report – Mayor Diesel submitted a written report. 

 

 Mayor Diesel stated that he went to two Titusville High School orchestra concerts as well as their tambourine to show his support and visibility to the community. 

 

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Council Reports – 

 

Member Robinson stated that he was with Mayor Diesel all weekend at events. 

 

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Member Jordan commented on installing signage on State Road 405 coming from the Space Center and turning right on US 1 toward Titusville because there is currently no signage pointing visitors in the direction of Titusville. He spoke to someone at the State of Florida Traffic Division that advised him that there is a program that will allow the City to have a sign installed.  The City will have to determine the design of the sign and have it approved by the State of Florida Traffic Division.  Council supported this request.  

 

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Vice-Mayor Nelson discussed Reflections, which was previously Hospice of St. Francis. Vice-Mayor Nelson explained Reflections was looking into doing their Lights of Love event downtown where they found two oak trees, one at Veterans Park and the other at the Pritchard House. 

 

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Vice-Mayor Nelson asked council about constructing a park on the City’s property that backs up to the bike trail on South Deleon Avenue and Blanton Street.

 

Member Jordan expressed that he was not in favor of constructing another park. 

 

Public Works Director Kevin Cook explained that the City does not maintain this property or parks and that they have to pay other companies to maintain the land. Public Works Director Cook mentioned that Public Works could add benches by the trail, if council wanted. 

 

Mayor Diesel explained that a bench could be a positive or negative along the walking trail depending on where they are placed, and who would use them. Mayor Diesel expressed he would like to hold off for now.

 

Member Stoeckel and Member Robinson agreed with Mayor Diesel to hold off on the park at this time.

 

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Mayor Diesel expressed that he would be attending the Titusville High School graduation on Friday, May 28, 2021 and Astronaut High School graduation on Saturday, May 29, 2021. He also congratulated the students, teacher and staff for getting through this school year during the pandemic (Covid 19). 

 

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Mayor Diesel asked staff about the amount of time given to the public to speak on consent agenda items and asked staff to look into how long other Cities give the public to speak on consent agenda items. 

 

Member Stoeckel stated that she believed our City does a good job at allowing people to speak and granting more time, when necessary. She commented on procedures for other Cities.  

 

Vice-Mayor Nelson reminded staff that the public could e-mail Council about topics or agenda items, as well as speak at meetings.  

 

City Attorney Broome explained that the citizen must be given a reasonable opportunity to speak on any proposition before council. He asked for permission from Council to reach out to Attorney Nikki Day who represented other cities in Florida for input on this topic. There was no objection from the City Council. 

 

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CITY MANAGER’S REPORT

 

City Manager Larese advised that City Council would run through one more meeting in the current setup before going back to the previous setup and rules prior to pandemic, but would like to leave his table and his staff’s table where they are currently located. He explained we would be getting a new podium to replace the temporary podium.  

 

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City Manager Larese requested Council’s support of the North Brevard Art League’s efforts in securing a Cultural Facilities Grant and asked for authorization to have the mayor sign the letter.

 

Council authorized the Mayor to sign a letter to the Florida State Division of Cultural Affairs, Chief of Grants Administration, in support of the North Brevard Art League’s efforts in securing a Cultural Facilities Grant.

 

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City Manager explained the Transportation Planning Organizations recommendations on upcoming projects, they have removed the trail that runs from the A Max Brewer Bridge to Playalinda Beach, which was defunded as a result of the pandemic last year, they ranked these items as number three and four of their approval lists, meaning they should be approved for construction soon. Nasa Causeway was fully funded as well as Parish Park. The expansion of South street from Rockpit to State Route 50 has been moved up to project number twenty-five. 

  

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CITY ATTORNEY’S REPORT – None. 

 

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With no further business to discuss, the meeting adjourned at 9:50 p.m.