Regular City Council - July 13, 2021

 

City Council

Regular Meeting

July 13, 2021

 

The City of Titusville City Council met in regular session on Tuesday, July 13, 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 Robert Jordan, Joe Robinson, 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.




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.

 


APPROVAL OF MINUTES

 

Motion:

Member Jordan moved to approve the minutes of the regular City Council meetings on April 27, 2021 (6:30 p.m.), May 25, 2021 (6:30 p.m.) and June 8, 2021 (6:30 p.m.) as submitted. 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. 



 

SPECIAL RECOGNITIONS & PRESENTATIONS – None.

 




City Manager Larese informed Council that staff requested to table Consent Agenda Item C – Solid Waste Routing Software and Implementation Services to the July 27, 2021 City Council meeting at 6:30 p.m. Staff also requested to move item 12A – Planning and Zoning Commission Request – Advisability Regarding Outdoor Seating and Outdoor Entertainment, to after Board and Commissions Item 6C – Historic Preservation Board Semi-Annual Report.

 

Motion:

Member Jordan moved to table consent agenda item C – Solid Waste Routing Software and Implementation Services, to the regular City Council meeting on July 27 at 6:30 p.m. and to move item 12A – Planning and Zoning Commission Request – Advisability Regarding Outdoor Seating and Outdoor Entertainment, to after Board and Commissions Item 6C – Historic Preservation Board Semi-Annual Report. Vice Mayor Nelson seconded the motion. The roll call vote was as follows:

 

Member Jordan                   Yes

Mayor Diesel                       Yes

Vice-Mayor Nelson              Yes

                   Member Stoeckel                 Yes

                   Member Robinson                Yes

 

The motion carried unanimously.

 



BOARDS AND COMMISSIONS


Titusville Environmental Commission (TEC) Recommendation Related to Low Impact Development (LID) Presentations – City Manager Larese advised the request was to provide direction regarding the TEC recommendation to invite speakers from the Marine Resources Council and St. Johns River Water Management District to provide information about Low Impact Development.

 

Kay St. Onge stated that the Marine Research Council issued their Indian River Lagoon report card and indicated that the North end of the lagoon deserves a grade of F. She showed council a picture of the Indian River Lagoon that was tainted green from algae blooms, and explained that 90% of the seagrass died, causing the death of over 300 manatees. Ms. St. Onge stated that LID would allow storm water to infiltrate into the ground, rather than to the storm drains that lead to the lagoon. She asked council to allow Dr. Leesa Souto, Executive Director of the Marine Resource Council, to make a presentation at the July 27, 2021, 5:30 p.m., meeting with Dr. Charles Jacoby of the St. Johns River Water Management District.

 

Stan Johnston expressed that the Indian River Lagoon was polluted from stormwater, sewage, and poison, which was causing the marine life to leave or die. Mr. Johnston expressed that the Indian River Lagoon was turning into a dead zone and he no longer sees the fish that used to be in the Lagoon.  

 

William Klien expressed his approval for inviting Dr. Leesa Souto to the City Council meeting to discuss LID. He also expressed his concern for the Indian River Lagoon and suggested that the City should try to reduce their storm water runoff, to prevent the pollutants from entering our waterways. Mr. Klien stated that an estimated 80%-95% of the heavy metals entering the waters are the result of untreated storm water runoff.  

 

Laurilee Thompson (also a member of the Titusville Environmental Commission) recommended that Dr. Leesa Souto and Dr. Charles Jacoby speak at the City Council meeting during their Titusville Environmental Commission’s meeting. Ms. Thompson stated that she would prefer only Dr. Souto speak at the meeting and allow Dr. Jacoby to speak at a later time so that they can each have their own time. Ms. Thompson explained that LID was the science of directing rain water where it was supposed to go and since Titusville was dependent on the aquifer for our water supplies, the City should focus on the water returning to the aquifer instead of going into the Indian River Lagoon.  

 

Vice-Mayor Nelson advised that she would like either Dr. Souto or Dr. Jacoby give a presentation for a second point of view with a ten-minute time limit.

 

Member Jordan advised that he would not support enforcing LID on every development that comes into Titusville. Member Jordan stated that he supported LID, but does not want to enforce it. He was in support of a ten-minute presentation.

 

Member Robinson stated that he would like to hear the presentation on LID so that he can make an educated decision on the issues.

 

Member Stoeckel provided her support for a ten-minute presentation.

 

Council supported a 10-15 minute presentation from Dr. Leesa Souto of the Marine Resources Council to provide information about Low Impact Development.   This presentation will be held at the regular City Council meeting (Presentation Meeting) on July 27, 2021 at 5:30 p.m.  Council advised that staff did not need to provide their presentation to Dr. Souto prior to the meeting for comments.  

 


Titusville Environmental Commission – City Manager Larese advised the request was to accept the resignation of Regular Member Bryan Bobbitt of the Titusville Environmental Commission with an unexpired term to expire on November 30, 2021. His resignation was effective on June 8, 2021. Additionally, appoint one regular member to the Titusville Environmental Commission with an unexpired term to expire on November 30, 2021. If an alternate member was appointed as a regular member, appoint one alternate member to the Titusville Environmental Commission with an unexpired term to expire on November 30, 2023.

 

Motion:

Vice-Mayor Nelson moved to accept the resignation of Regular Member Bryan Bobbit effective of June 8, 2021, with regrets. Member Jordan seconded thee 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.

 

Member Robinson recommended that Laurilee Thompson be appointed as a Regular Member to the Titusville Environmental Commission. with a term to expire on November 30, 2021.

 

Mayor Diesel stated that Laurilee Thompson was very educated on the environmental aspects of our City and agreed with Member Robinson to appoint Laurilee Thompson.

 

Stan Johnston expressed his support for appointing Laurilee Thompson as a regular member to the Titusville Environmental Commission.


Motion: 

Member Robinson moved to appoint Alternate Member Laurilee Thompson (non-resident) as a Regular Member to the Titusville Environmental Commission for an unexpired term to expire on November 30, 2021. Member Jordan seconded the motion. The roll call vote was as follows:

 

Vice-Mayor Nelson                Yes

                   Member Stoeckel                   Yes

Member Robinson                  Yes

                   Member Jordan                      Yes

Mayor Diesel                          Yes

 

The motion carried unanimously.

 

City Manager Larese stated that Titusville Environmental Commission had one application for an Alternate Member.

 

Vice-Mayor Nelson recommended that staff continue to advertise the position to allow for other applicants to apply to the commission.

 

Stan Johnston discussed the sewage spill that occurred in the Community Redevelopment Agency and suggested that as a professional engineer, he was a good member to add to the Titusville Environmental Commission. Mr. Johnston commented on his references.

 

Member Robinson commented on the application on file, etc.

 

City Attorney Broome stated that council has tabled an appointment in the past when there are limited applicants.

 

Member Stoeckel advised that she supported advertising for an alternate member before voting on the appointment.

 

Motion:

Vice-Mayor Nelson moved to advertise the vacancy of the alternate member position. Member Jordan seconded the motion:

 

                   Member Stoeckel                     Yes

Member Robinson                   Yes

                   Member Jordan                        Yes

Mayor Diesel                            Yes

Vice-Mayor Nelson                  Yes

 

The motion carried unanimously.

 



Historic Preservation Board Semi-Annual Report - City Manager Larese advised that the Historic Preservation Board’s semi-annual written report was included in the agenda packet. No action was required.



 

Planning and Zoning Commission Request – Advisability Regarding Outdoor Seating and Outdoor Entertainment – City Manager Larese advised the request was to provide direction regarding the Planning and Zoning Commission's request to approve advisability to review outdoor seating and outdoor entertainment code provisions.

 

Council agreed that since there were not any issues with the current outdoor seating and entertainment, they were not going to change anything at this time.

 

Nathan Slusher expressed that he would not like to see any changes in the outdoor seating and entertainment and just because a few restaurants were having problems does not mean that all the restaurants should be punished.

 

Stuart Buchanan advised Council that with the exception to the chair, none of the Planning and Zoning Commission members were aware that there was already a permitting process in place.

 

Dwight Severs, Chairman for the Planning and Zoning Commission, advised council that he would answer any questions about the issue. He explained that the Land Development Regulations, Section 28-361 indicated that outdoor seating was limited, but did not set a criteria or standards. Mr. Severs stated this was why the Planning and Zoning Commission recommended it be reviewed, so Council can set the standards. Mr. Severs stated that there was no interest in limiting restaurant’s ability to have outdoor seating.

 

Stan Johnston provided comments and stated that he agreed with Mr. Severs. Laura Ward stated that the only issue she had was with amplified music for outside entertainment.

 

Motion:

Member Jordan moved to not move forward with the Planning and Zoning Commission Request – Advisability Regarding Outdoor Seating and Outdoor Entertainment. Member Stoeckel 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.

 

No changes would be made to the outdoor seating and outdoor entertainment code provisions at this time.



 

Mayor Diesel called for a five-minute recess from 7:35 p.m. to 7:40 p.m.

 




 

City Manager Larese requested to hear Item 9D - Right of Way (ROW) No. 1-2021 Riverside Drive – River Palms Condominiums at this point in the meeting.

 

Motion: Member Jordan moved to hear Item 9D – Right of Way (ROW) No. 1-2021 Riverside Drive at this point in the meeting. Vice-Mayor Nelson seconded the motion. The roll call vote was as follows:

 

                        Member Jordan                       Yes

                        Mayor Diesel                           Yes

     Vice Mayor Nelson                  Yes

                        Member Stoeckel                    Yes

     Member Robinson                  Yes

 

The motion carried unanimously.

 




Right of Way (ROW) No. 1-2021 Riverside Drive – River Palms Condominiums – City Manager Larese advised this was to vacate a portion of Riverside Drive with conditions and adopt related Resolution No. 22-2021.

 

The Planning and Zoning Commission considered this request at their July 7, 2021 regular meeting and tabled in order to send notices to all residents of Indian River Avenue and Riveredge Drive. Motion passed 6-0 with one-member abstaining.

 

The applicant submitted a request to vacate a portion of Riverside Drive, a public right-of-way (ROW) in front of property located at 1805, 1815, and 1825 Riverside Drive known as the River Palms Riverfront Condominiums development. The right-of-way contains 8,939 square feet or 0.20 acres.

 

The staff recommended approval of the request to vacate the right of way with the following conditions. First, that all required drainage and utility easements are provided for all existing facilities in the area to be vacated together with easement to access these areas. Second, in the event that compliance with the conditions set forth herein was not achieved within 180 days of the date of approval of this vacation, this resolution shall become null and void.

 

Planning Manager Brad Parrish advised that the Planning and Zoning Commission recommended that the City send out notices to more of the surrounding property owners and post new signs on the property.

 

Mayor Diesel suggested tabling this item and posting signs in places where more people can see them.

 

Member Jordan asked what the requirements were for the notices. Planning Manager Brad Parish clarified that the Planning and Zoning Commission’s recommendations were to notice all residents of Indian River Avenue and Riverside Drive, which was more than the requirements.

 

Vice-Mayor Nelson does not recommend sending out more notices, but supported putting up more signs on the property.

 

Member Stoeckel stated that there were some citizen concerns and suggested tabling the item until further notice so that citizens can address their concerns, as well as the safety issues. Member Stoeckel was against sending out more notices, but supported better signage on the property.  

 

Heidi Crafton expressed her concern for the traffic study, because it only studied the west side of US1 and did not include Riverside Drive. She asked council to listen to the citizen’s concerns and not just focus on the traffic study.

 

Susan Palma expressed her support for closing the road, but stated that it would affect her neighborhood traffic even though the traffic study suggested that it would not affect the traffic.

 

Lindsay Deshetler thanked staff for answering her questions prior to the meeting and thanked council for tabling the item to allow more citizens the opportunity to speak on it.

 

Dwight Severs stated that the road was closed where the sign notices were posted. Mr. Severs recommended that the notices be sent to all residents of Riverside Drive.

 

Council requested the reposting of signs on the property to provide notice to the residents and citizens.  Council requested the signs be posted in more visible locations. Council did not authorize sending notices to all residents of Indian River Avenue and Riverside Drive since staff followed the procedures of the Land Development Regulations and provided notice to all residents within 500 feet of the property.  

 

Motion: Member Jordan moved to table Right of Way (ROW) No. 1-2021 Riverside Drive to the regular City Council Meeting on August 10, 2021. 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.

 




 

PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS)


Brenda Pittman from First United Methodist Church stated that the church would like to create a community vegetable garden on a piece of the church property and the code did not allow this on the property.

 

Lisa Mosier from Frist United Methodist Church asked council for a conditional use permit to allow the church to have a community vegetable garden.  

 

Community Development Director Peggy Busacca explained that the garden would not require a conditional use permit, but it would require advisability from council for staff to develop an ordinance, to allow this garden. She explained that this process would take at least a couple of months.

 

Council provided advisability, by consensus, for staff to prepare an ordinance to allow a Community Garden in the Downtown Mixed-Use District.  


Kristoffer Harvey asked if the church could plant vegetables on the property without inviting the public to come on the property.

 

Stan Johnston stated that he would be attending West Virginia Day at Fox Lake Park the last Sunday in September from 12:30 p.m. to 3:00 p.m. He also stated that he was having a public forum on July 13, 2021 from 5:00 p.m. – 6:00 p.m. by the causeway regarding the Indian River Lagoon. Mr. Johnston also discussed the sewage spill that occurred in the Community Redevelopment Agency.

 

Rick Gutherie discussed the trash and tires that he had seen on the side of the road. Mr. Gutherie also discussed the amount of plastic at the dump and the various ways it was being used, such as grave liners. Mr. Gutherie suggest council looks into opening a fuel plant.

 


CONSENT AGENDA

 

City Clerk Wanda Wells advised that there were four cards submitted for the consent agenda items from one individual. 

 

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

 

  1. Resolution No. 21-2021 - Community Development Fee Resolution Adopt the       proposed fee Resolution No. 21-2021 for Community Development fees.

 

  1. Memorandum of Understanding/Working Agreement between The Florida Department of Children and Families and Titusville Police Department Authorize the City Manager and Chief of Police to execute the Memorandum of Understanding between the Florida Department of Children and Families and the City of Titusville on behalf of the Titusville Police Department.

 

  1. Solid Waste Routing Software and Implementation Services – This item was tabled to the regular City Council meeting on July 27 at 6:30 p.m. earlier in the meeting.

 

  1. Annual Pilot Club Mini Grant Accept the annual Pilot Club Mini Grant in the amount of $250 for the purchase of bicycle helmets.

 

  1. Public Tax Deed Auction on July 22, 2021 for Sun Valley parcel Lot 25 Block 70 Consent to give City Attorney authority to bid at the public auction on Sun Valley property Lot 25 Block 70 which property is contiguous to other Sun Valley properties purchased by the City for its wellfield protection.

 

  1. Stormwater Cured in Place Pipe (CIPP) Liner Approve work order #2 in the amount of $372,550 to Hinterland Group, Inc. of Cocoa, Florida to furnish and install Cure In-Place Pipe (CIPP) Liner for stormwater pipes in various areas of the City. Additionally, approve the associated budget amendments, increase the annual authorized contract amount, and authorize the Mayor to execute the work order.

 

  1. Purchase of Vehicles - Public Works Approve the use of Florida Sheriffs Association Cooperative Purchasing Program to purchase the budgeted vehicle replacements Z02136, and Z02137 to Nextran Truck Center Orlando, Florida in the total amount of $860,112 for the purchase of three vehicles. Additionally, approve the associated budget amendment transferring funds to capital outlay projects Z02136 and Zo2137 for this purchase and authorize use of necessary purchasing instrument via contract to be executed by the Mayor upon review and approval by City Manager, City Attorney, and City Staff and/or purchase order.

 

Stan Johnston discussed Consent Agenda Item E – Stormwater Cured in Place Pipe (CIPP) Liner. Mr. Johnston stated that Water Resources Director Sean Stauffer would not answer the questions related to the purchase of this land, as well as, Sand Point Park. Mr. Johnston supported Items 8b, 8d, and 8f. 

 

Motion:

Member Jordan moved to approve Consent Agenda item 8A, 8B, and 8D through 8G in accordance with recommendations. Member Stoeckel seconded the motion. The roll call vote was as follows:

 

Vice Mayor Nelson                 Yes

                   Member Stoeckel                    Yes

Member Robinson                  Yes

                   Member Jordan                       Yes

Mayor Diesel                          Yes

 

The motion carried unanimously.

 




 

ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Ordinance No. 15-2021 Relating to Breweries - City Attorney Broome read, Ordinance No. 15-2021 amending Chapter 28 “Zoning” of the Land Development Regulations to add craft brewery/craft distillery as a permitted use with limitations in the Tourist (T), Community Commercial (CC), Downtown Mixed Use (DMU), Shoreline Mixed Use (SMU), Regional Mixed Use (RMU) and Urban Village (UV) zoning districts, amending the permitted use with limitations to require a conditional use permit in the Urban Mixed Use (UMU) zoning district, and amending the definition and standards of craft brewery/craft distillery and removing microbrewery as a permitted use with limitations in the Downtown Mixed Use (DMU) zoning district; specifically amending Section 28-54 “Use table”, Section 28-204 “Craft brewery/craft distillery” and deleting Section 28-213 “Microbrewery”; providing for severability; repeal of conflicting ordinances; for an effective date and for incorporation into the code.


City Manager Larese advised the recommended action was to conduct the second public hearing for Ordinance No. 15-2021.

 

The Planning and Zoning Commission (P&Z) considered this ordinance on June 2, 2021 and unanimously (7:0) recommended approval with the following recommendation to change any zoning category that allows residential uses to require a conditional use where the proposed brewpub was within 100 feet of a residential use, otherwise the brewpub use should be permitted as a limited use.

 

Nicole Corning advised that the revised ordinance would attract more distilleries and craft breweries and help Titusville to become more of a destination for tourist. Ms. Corning thanked council for considering this ordinance change.

 

Edward Irvin stated that he had been in the craft beer industry professionally since 2013. Mr. Irvin stated that he had seen many breweries positively impact areas, and believed that Ordinance No. 15-2021 would help to attract more people to Titusville.

 

Laura Ward asked council why Shoreline Mixed Use (SMU) did not require a conditional use permit, but Urban Mixed Use (UMU) did require a permit. Planning Manager Brad Parish explained that the Planning and Zoning Commission recommended this for Urban Mixed Use District, but not for the other zoning districts. Ms. Ward stated that she believed that the Shoreline Mixed Use District should require a conditional use permit.  

 

Motion: 

Member Jordan moved to approve Ordinance No. 15-2021 Relating to Breweries as recommended by staff. 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.

 

The approval did not include the recommendation from the Planning and Zoning Commission.

 




Ordinance No. 16-2021 Grease Interceptors - City Attorney Broome read, Ordinance No. 16-2021 amending the Code of Ordinances to amend Chapter 21, Article III, Division 8, "Grease Interceptors" of the Code of Ordinances to provide flexibility to existing facilities requiring a grease interceptor; by amending section 21-240(a) (1), 21-240(a)(2), 21-240(c)(2), 21-240(c)(3), and deleting section 21-240(c)(1); providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the Code.

 

City Manager Larese advised that the recommended action was to conduct the second reading and public hearing for Ordinance No. 16-2021.

 

Engineer Manager Ashleigh Smith advised that this code would apply to all existing and new facilities that have food establishments, allowing for an internal or external device depending on the establishment.

 

Nathan Slusher stated that he had spoken to business owners who were concerned about Ordinance No. 16-2021, related to the cost of hiring a design professional. Mr. Slusher stated that the grant money from the American Rescue Plan would eventually run out so it would be a short-term solution, instead of a long-term solution.

 

Motion: 

Member Jordan moved to approve Ordinance No. 16-2021 Grease Interceptors, as recommended by staff. 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.

 



Transmittal of Vision Based Comprehensive Plan Amendment Application No. 1-2021 – City Manager Larese advised this was to conduct the Public Hearing and approve Transmittal of the draft 2040 Vision Based Comprehensive Plan to the State Land Planning Agency (FL Dept of Economic Opportunity) for review (Comprehensive Plan Amendment Application No. 1- 2021).

 

The P&Z recommended to City Council approval to proceed with transmittal of the 2040 draft Comp Plan with all past comments from current and previous P&Z Commission members, with current comments from P&Z Commission members and past and present comments from citizens that have been provided. (Approved 6 yes, 1 no vote). Member Rice said he did not have enough time to review the document and cannot support it at this time.

 

Planning Manager Brad Parrish expressed that the remaining issues that were outstanding according to the Planning and Zoning Commission and public were the environmental policies that are in the Comprehensive Plan, including loss of wetlands and the Indian River Lagoon.

 

Member Robinson asked Planning Manager Brad Parrish if the City was able to make changes to the Comprehensive Plan after it had already been approved by the state. Mr. Parrish explained that as long as they are only insignificant changes, the City could have the revisions reapproved by the state.

 

Laura Ward expressed that she did not support some of the items taken out of the Comprehensive Plan, including the requirements for multi-family housing to be on either a collector or arterial road.  Ms. Ward explained that taking this requirement out would allow a multi-family home to be built in the middle of a neighborhood.  

 

Mary Sphar, from the Sierra Club, suggested improvements to the wetland language to prevent the filling of wetlands and to protect the wetlands near the Indian River Lagoon.  

 

Motion: 

Member Jordan moved to approve the Transmittal of Vision Based Comprehensive Plan Amendment Application No. 1-2021 as recommended by staff. Member Stoeckel 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.

 




 

Right of Way (ROW) No. 1-2021 Riverside Drive – River Palms Condominiums - to vacate a portion of Riverside Drive with conditions and adopt related Resolution No. 22- 2021.

 

This item was considered earlier in the meeting.

 



 

Conditional Use Permit (CUP) No. 1-2021 Kennedy Point Marina – City Manager Larese advised this was to expand the operation of a marina with additional improvements subject to site plan approval, to allow outdoor recreation and commercial amusement (boat rental), on property located at 4749 S. Washington Avenue with conditions.

 

The Planning and Zoning Commission considered this item during their July 7, 2021 regular meeting and recommended approval as recommended by staff. Motion carried 5-2.

 

Community Development Director Peggy Busacca reviewed the application, which proposed 168 residential units, commercial space and a yacht club on this property. The applicant was requesting the continuation of marina use, 240 square feet of office space, and boat rentals.

 

Kent Oliver, the owner of Kennedy Point Marina, discussed his future plans for Kennedy Point Marina. He explained that the 240 Square foot of office space was a refurbished storage container that was used for the Boat Club’s convenience. Mr. Oliver explained that he planned on renting out boats after the completion of the hotel and resort.

 

Thomas Guiton commented on an agreement between him and Kent Oliver on a piece of land by the Marina.

 

Motion: 

Member Jordan moved to approve Conditional Use Permit (CUP) No. 1-2021 Kennedy Point Marina as recommended by staff and the Planning and Zoning Commission with the following conditions: (1) Sewage pump out facilities shall remain available if providing service to boards with onboard facilities and (2) At least one educational sign shall be installed in a publicly accessible area of the site to inform the public of the harmful effects of metal-based antifouling boat paint, specifically the bioaccumulation of heavy metals. 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.

 





Conditional Use Permit (CUP) No. 2-2021, 4005-3945 Capron Road – City Manager Larese advised this was to allow a warehousing and wholesale use to be located at 4005 and 3945 Capron Road with one condition.

 

The Planning and Zoning Commission considered this item during their July 7, 2021 regular meeting and recommended approval as recommended by staff. Motion carried 7-0.

 

Community Development Director Peggy Busacca explained that staff recommended approval of CUP No. 2-2021 with one condition to install landscaping consistent with the approved 2009 site plan.


Motion: 

Member Jordan moved to approve Conditional Use Permit (CUP) No. 2-2021, 4005-3945 Capron Road as recommended by staff and the Planning and Zoning Commission with the following condition: (1) To install landscaping consistent with the approved 2009 site plan. 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.

 




Conditional Use Permit (CUP) No. 3-2021 - 1450 Harrison Street, Grove Church School - City Manager Larese advised that this was to allow the operation of a preschool (childcare facility use) within the existing church located at 1450 Harrison Street with conditions.

 

The Planning and Zoning Commission considered this item during their July 7, 2021 regular meeting and recommended approval as recommended by staff. Motion carried 7-0.

 

Kris Harvey discussed the traffic study that was recommended by staff. He explained to council that the parents would have to park and walk in with their children, not drop them off.  He also stated that the maximum number of children who would attend the school was 119 and there are over 200 parking spots currently. Kris Harvey asked council not to require a traffic study because he did not believe it was needed.

 

Dustin Sams mentioned that the children at the preschool were from 8 weeks old to 4 years old and would not be dropped off and that the parents would have to park and check them in at school. He asked council to not require a traffic study.

 

Motion: 

Vice-Mayor Nelson moved to approve Conditional Use Permit (CUP) No. 3-2021 – 1450 Harrison Street, Grove Church School as recommended by staff and the Planning Zoning Commission with the following condition: (1) Add landscaping between Barna Avenue and the proposed play area consistent with the landscape plan approved with Conditional Use Permit No. 2-2017.  Member Jordan seconded the motion. The roll call vote was as follows:

                        

Member Robinson                   No

                   Member Jordan                       Yes

Mayor Diesel                           Yes

Vice-Mayor Nelson                  Yes

Member Stoeckel                    Yes

 

The motion carried 4:1.

 

Council did not include the second condition recommended by staff to provide a traffic study to address peak hour traffic impacts after further discussing the pick-up and drop-off of the children with the applicant.

 




 

City Manager Larese asked council to consider Item 12E Verona Village D Sketch Plat at this time in the meeting.

 

Motion: Vice Mayor Nelson moved to hear Item 12E - Verona, Village D - Sketch Plat at this time in the meeting. 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.

 




Verona, Village D - Sketch Plat – City Manager Larese advised that the request was to approve the Sketch Plat for Verona, Village D, a proposed 77 lot single-family home subdivision on approximately 121.3 acres located west of Willow Creek Boulevard and north of Verona, Phase 1 subdivision.

 

The Planning and Zoning Commission reviewed the sketch plat at their regular meeting on July 7, 2021 and recommended approval as recommended by staff. Motion carried 6-1.

 

Rodney Honeycutt requested approval for the sketch plat for the next village in the Verona Subdivision.

 

Motion: Member Jordan moved to approve Verona Village D – Sketch Plat, as recommended by staff and the Planning and Zoning Commission. 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.

 




ORDINANCES-FIRST READING – None






OLD BUSINESS – None




 

NEW BUSINESS 


Planning and Zoning Commission Request – Advisability Regarding Outdoor Seating and Outdoor Entertainment – This item was considered earlier in the meeting.

 




 

Utilization of American Rescue Plan Act (ARPA) Funds – City Manager Larese advised that the request was to provide guidance on initial utilization of ARPA Funds. 

 

There are four eligible categories of expenditures for these funds:

 

a) To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, nonprofits, or aid to impacted industries such as

tourism, travel, and hospitality; 

b) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers; 

c) For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; and

d) To make necessary investments in water, sewer, or broadband infrastructure.

 

Motion: 

Member Jordan moved to approve the Utilization of American Rescue Plan Act (ARPA) Funds, as recommended. Vice-Mayor Nelson seconded the motion. The roll call vote was as follows:

 

                        Vice Mayor Nelson                 Yes

                        Member Stoeckel                    Yes

                        Member Robinson                  Yes

     Member Jordan                       Yes

                        Mayor Diesel                          Yes

 

The motion carried unanimously.       

 





American Rescue Plan Act - Farmers Market – City Manager Larese advised that the request was to approve the proposed American Rescue Plan Act - Farmers Market program and drafting a contract with the Greater Titusville Chamber of Commerce to operate the Program.

 

The plan proposed to continue operating the Farmers Market with ARPA funds similar to the Farmers Market held in 2020 with federal CARES Act funding where $50 in tokens was provided to households that have been negatively impacted by the COVID pandemic. The Plan proposes up to eight (8) market days between August 13, 2021 and December 31, 2021. It was estimated that the total cost to operate the program was $332,000. American Rescue Plan Act funds would pay for the program.

 

Motion: Member Jordan moved to approve the proposed American Rescue Plan Act – Farmers Market Program and drafting a contract with the Greater Titusville Chamber of Commerce to operate the program as recommended by staff. 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.

 

Motion:

Member Jordan moved to approve the budget amendment in the amount of $332,000 for the American Rescue Plan Act – Farmers Market, as recommended by staff. 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.

 




 

Member Stoeckel moved to extend the meeting until 10:45 p.m. By consensus, council extended the meeting. 

 





American Rescue Plan Act (ARPA) COVID-19 Community Assistance Programs Implementation – City Manager Larese advised that the request was to approve the implementation of the COVID-19 community assistance programs provided under the American Rescue Plan Act through the Neighborhood Services Department.

 

Highlights of the program are:

 

  • Provide assistance to those households that have experienced a disproportionately

economic impact or who have experienced a job loss or reduction of income directly

related to the public health emergency (COVID-19) with rent, mortgages, and utilities

payments.

 

  • Through a Request for Proposal process and/or applications for low-income tax credit

projects, allocate funding to developers to increase the supply of affordable and high-quality housing for the homeless.

 

  • Through a Request for Proposal process, provide funding to service providers to provide

ARPA eligible services such as:

  1. Food assistance
  2. Job training or other efforts, such as transportation to and from jobsite or
  3. interview, to accelerate rehiring and reduce unemployment
  4. Counseling and Legal Aid to prevent eviction or homelessness
  5. Community violence intervention programs
  6. Navigators to assist the community in applying for public benefits
  7. Supportive housing services for those experiencing homelessness
  8. Early learning services, educational services like tutoring or afterschool programs,
  9. and support for students' social, emotional, and mental health needs
  10. Child care or home visiting programs for families with children

 

Staff identified an application period of August 1, 2021 through September 1, 2021 for the

Request for Proposal Cycle, for service providers. Staff also expected to issue a Request for

Proposal for affordable housing around the same timeframe.

 

Jason Larson, an affordable housing provider form Housing Trust Group, expressed his interest in submitting a proposal for the Affordable Housing Project for the Homeless. This would bring in another $17,000,000, which Mr. Larson said would be used to build a mixed-income development with units set aside for homeless households.

 

Member Jordan expressed his support for the affordable housing project. Neighborhood Services Director Terrie Franklin explained that Mr. Larson would have to submit an application to the City to be reviewed and then Neighborhood Services would make the recommendations to Council.

 




Motion: Vice-Mayor Nelson moved to extend the meeting to 11:00 p.m. Member Jordan seconded the motion.

 

The motion carried unanimously.

 




Motion:

Member Jordan moved to approve the implementation of the COVID-19 community assistance programs provided under the American Rescue Plan Act through the Neighborhood Services Department, as recommended by staff. Vice-Mayor Nelson seconded the motion. The roll call vote was as follows:

 

    Member Jordan                       Yes

                        Mayor Diesel                          Yes

                        Vice Mayor Nelson                 Yes

                        Member Stoeckel                    Yes

                        Member Robinson                  Yes

                        

 

The motion carried unanimously.

 

 

Motion:

Member Jordan moved to approve the budget amendment in the amount of $1.2 million dollars for the American Rescue Plan Act Covid-19 Community Assistance Programs Implementation, as recommended by staff. 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.

 




Verona, Village D - Sketch Plat – This item was considered earlier in the meeting.  

 




PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS)- None.

 




 

MAYOR AND COUNCIL REPORTS

 

Mayor's Report – Mayor Diesel submitted his written report. Mayor Diesel stated that the Red White and Boom event went very well.




Council Reports

 

Member Robinson advised that he went to Orlando to attend the Metro Transportation Planning Organization.





 

Member Stoeckel informed Council that the Space Coast League of City’s meeting are now in person. She invited the council to attend the general meeting and dinner.

 





Member Stoeckel also mentioned that on Friday, she would be in Orlando for a Policy Committee meeting to discuss short term rentals and regulations for smoking on beaches and in the parks.

 




 

City Managers Report – City Manager Larese submitted his written report.

 




 

City Manager Larese stated that staff was requesting Council authorize a $1,895 change order to the Marina Storage building contract (MM2002). This amount covered a price increase in the cost of lumber needed to complete the Storage building and raised the total price for the project from $90,285 to $92,180. The price increase was a result of COVID-19 supply chain shortages nation-wide in building materials.

 

Motion: Member Jordan moved to approve the change order of $1,895 to Marina Storage Building Contract (MM2002), as recommended by staff. Vice Mayor Nelson seconded the motion.

 

The motion carried unanimously.




City Manager Larese stated the proclamation Termination of City of Titusville Local Emergency Order started on July 1, 2021.

 



City Manager Larese also advised the Council that the fifth annual Talking Points would be released on Wednesday or Thursday of that week.

 




 CITY ATTORNEY’S REPORT

 

Increase in hourly rate for legal representation by Jeffrey Mandel and the Firm of Fisher & Phillips effective October 1, 2021 – City Attorney Broome advised the request was to authorize Council to approve Attorney Jeffrey Mandel and the firm of Fisher & Phillips' increase in hourly rate for legal services on behalf of the City.

 

Motion: Member Jordan moved to authorize Council to approve Attorney Jeffrey Mandel and the firm of Fischer & Phillips increase in hourly rate for legal services on behalf of the city, as recommended. Vice-Mayor Nelson seconded the motion.

 

The motion carried unanimously. 



 

Engagement Letter from Attorney Thomas A. Cloud of GrayRobinson, P.A. – City Attorney Broome advised the request was to authorize approval of the Engagement Letter of Representation from Attorney Thomas A. Cloud of GrayRobinson, P.A.

 

Motion: Member Jordan moved to authorize approval of the Engagement Letter of Representation from Attorney Thomas A. Cloud of GrayRobinson, P.A., as recommended. Vice-Mayor Nelson seconded the motion.

 

The motion carried unanimously.       

 



Purdue Pharma L.P. et al, Chapter 11 Bankruptcy Ballot for Voting to accept or reject debtor's amended Chapter 11 Plan – City Attorney Broome advised that the request was to authorize City Attorney to vote to accept Debtor's Fifth Amended Joint Chapter 11 Plan of Reorganization of Purdue Pharma L.P. and its affiliated debtors

 

Motion:

Member Jordan moved to authorize City Attorney to vote to accept Debtor's Fifth Amended Joint Chapter 11 Plan of Reorganization of Purdue Pharma L.P. and its affiliated debtors. Vice-Mayor Nelson seconded the motion.

 

The motion carried unanimously.       

 



 

City Attorney Broome distributed an engagement letter from Nikki Day with Bryant Miller Olive P.A. to provide special counsel legal services – procedures and code reviews.  No action required.

 



With no further business to discuss, the meeting adjourned at 10:55 p.m.