Regular City Council - July 27, 2021 at 6:30 PM


City Council

Regular Meeting

July 27, 2021

 

The City of Titusville City Council met in regular session on Tuesday, July 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 6:55 p.m., not 6:30 p.m. due to the prior Council meeting at 5:30 p.m. ran late.

 

Those present in the Council Chamber 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 procedures for public comment and participation. 


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APPROVAL OF MINUTES – None. 

 

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SPECIAL RECOGNITIONS & PRESENTATIONS – None. 

 

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Motion:

Member Jordan moved to table agenda item 10 D - Ordinance No. 20-2021 - Tree Protection to the regular City Council meeting of August 10, 2021. 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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BOARDS AND COMMISSIONS

 

Board of Adjustment and Appeals – The request was to reappoint two (2) regular members to the Board of Adjustments and Appeals for two (2) year terms to expire on July 31, 2023. The terms of Regular Members Margaret Van Deven (Public at Large), Richard Wheelus (Associated with Building Trades Ind.), and Zoheir Sid Chehayeb (Vice-Chairman, Licensed Engineer) were due to expire on July 31, 2021. Two of the three individuals, with the exception of Regular Member Chehayeb, desired to continue serving on the Board. Alternate Member David Mandernack did not wish to be considered as a Regular Member at the present time. There were no other applications on file for Council’s consideration. 

 

Stan Johnston submitted a public speaking card. He supported reappointing Richard Wheelus as a regular Member. 

 

Richard Wheelus thanked the Council for considering reappointing him to the Board.

 

Motion:

Member Jordan moved to reappoint Margaret Van Deven (Public at Large) and Richard Wheelus (Associated with Building Trades Ind.) as regular members to the Board of Adjustments and Appeals for two-year terms that would expire on July 31, 2023. 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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Titusville Historic Preservation Board (HPB) - Leave of Absence – The request was to approve Historic Preservation Board (HPB) Member Jean Caramanna Collins' four month leave of absence from July 2021 through October 2021.

 

Motion:

Member Jordan moved to approve HPB Alternate Member Jean Caramanna Collins’ four month leave of absence from July 2021 through October 2021, as requested. 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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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS)

 

Stan Johnston distributed information. He commented on an upcoming event at a small pavilion at Sand Point Park to discuss the Indian River Lagoon. He also commented on a prior sewer spill at Sand Point Park and his concern how these matters may have impacted the lagoon, his property, other individuals, etc. 

 

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CONSENT AGENDA

 

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

 

A. Planning and Building Services Continuing Consultant - Approve the final ranking for award of Planning & Building Services: Continuing Consultants (RFQ#21-Q-033) to Joe Payne, Inc. of Tampa, Florida (building services) and Canin and Associates of Orlando, Florida (planning services). Authorize staff to conduct contract negotiations with Joe Payne, Inc. of Tampa, Florida and Canin and Associates of Orlando, Florida. Additionally, authorize the Mayor to execute the contracts upon satisfaction of terms and conditions through review of the City Manager and City Attorney.

 

B. Work Order No. 2 to Terracon Environmental Consultants for Brownfields Environmental Consulting Services - Approve the assignment of Work Order No. 2 to Terracon Environmental Consultants for Brownfields Environmental Site Assessments (ESA) services and authorize the Mayor to execute said Work Order upon acceptance by the City Manager and City Attorney.

 

C. Area III Wellfield Renewal Program - Approve the award of Work Order #BFAWR010 to Barnes Ferland and Associates, Inc. of Orlando, FL in the amount of $174,768 for services including, but not limited to, the modification of Consumptive Use Permit (CUP) Number 10647-10 for the City of Titusville Area II and III Wellfields, and authorize the Mayor to execute the work order.

 

D. Annual Resurfacing Change Order #2 – Masci Construction - Approve Change Order #2 to the Annual Resurfacing Contract to Masci General Contractor, Inc. of Port Orange, Florida in the amount of $35,202 to provide for the final balance of the construction of the project due to actual square yards milled and asphalt tonnage used. Additionally, authorize the City Manager to execute the change order.

 

E. Highway Maintenance Agreement - Resolution No, 23-2021 - Approve Resolution No. 23-2021 and the associated Highway Maintenance Agreement authorizing the State of Florida Department of Transportation (FDOT) and the City of Titusville to execute a Memorandum of Agreement between the City and FDOT for the maintenance of state road rights-of-way by the City and authorize the City Manager to execute the agreement.

 

F. Purchase of 4 SpeedCheck Signs - Approve the use of FDOT contract for APL Traffic Equipment for the purchase of four (4) SpeedCheck radar feedback signs in the amount of $20,300 from Temple, Inc. of Decatur, AL to be installed to Deleon Avenue and Hickory Hill Blvd. Additionally authorize the City Manager to approve the purchase order to process this acquisition.

 

G. Engagement Letter to retain Rhonda Bond-Collins, Esq. of the Bryant, Miller, Olive, P.A. law firm as general bond counsel to the City of Titusville - Authorize Council to accept the Engagement Letter of representation from Attorney Rhonda Bond-Collins relating to the review of Leasing 2 documents.

 

H. Resolution No. 24-2021 Approving Temporary Closure of State Roads for Special Event - Astronaut High School Homecoming Parade - Approve Resolution No. 24-2021 approving the temporary closure of Garden Street (SR 406) on September 23, 2021 for the Astronaut High School homecoming parade.

 

Stan Johnston submitted public speaking cards on Consent Agenda items 8 A, B, C, D, E, F, and G. He discussed his reasons why he was against items A, B, and C; why he supported items D, E, F, and G; and why he was neutral on item G. 

 

Motion:

Member Jordan moved to approve Consent Agenda Items, A through H, in accordance with recommendations. Vice-Mayor Nelson 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

 

City Attorney Broome read and reviewed the quasi-judicial rules and procedures. 

 

First Amendment to Tranquility (F/K/A Antigua Bay) Development Agreement - DA #1-2021 – The request was to approve the First Amendment to the Tranquility Development Agreement. The Planning and Zoning Commission (P&Z), acting as Local Planning Agency, reviewed this request at their meeting on July 21, 2021 and recommended approval, 7-0. The P&Z members encouraged an alternative to using impervious concrete for the walking trail, but keep it ADA accessible.

 

Community Development Director Peggy Busacca highlighted the staff report provided in the Council agenda packet. She highlighted proposed changes to the development agreement located approximately on pages 141-145 of the Council agenda packet, which concerned block (road) length, trail recommendations and clearing, fire safety provisions, the developer providing an analysis on a 1-acre portion of the site for the potential of a future City fire station on the acreage, if the City were to obtain future funding to build a future fire station, Planning and Zoning Commission recommendations, etc. 

 

Mayor Diesel opened the public hearing. 

 

Gary Allen, Jr., representing the developer, was available to answer questions. 

 

Council discussed their individual questions with Mr. Allen that touched on the desire to see the project completed, lot sales, the estimate of when the first home might be built, the developer working to address all City requirements and staff comments on the project, construction timeline, infrastructure contract, marketing materials, etc.

 

Stan Johnston waived his right to speak.

 

As there were no additional persons that wished to speak, the public hearing was closed. 

 

Motion:

Member Jordan moved to approve the First Amendment to the Tranquility Development Agreement as recommended. Vice-Mayor Nelson seconded the motion. 

 

City Attorney Broome clarified whether it was Council’s intention to consider the Planning and Zoning Commission’s (P&Z) recommendation. The indication was yes and staff reviewed the P&Z recommendation.   

 

 Member Jordan moved to modify the motion of approval to allow walking trails to be constructed of asphalt or an alternative pervious material that meets the Americans with Disabilities Act (ADA) requirements. Vice-Mayor Nelson’s second held 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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ORDINANCES-FIRST READING

 

Ordinance No. 17-2021 Specific Revisions to the Firefighters' Pension Plan and established "Share Plan" to provide special benefits to Firefighters – City Attorney Broome read Ordinance No. 17-2021 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING CHAPTER 15, PENSIONS AND RETIREMENT, ARTICLE III, POLICE OFFICERS’ AND FIREFIGHTERS’ PENSION PLAN, OF THE CODE OF ORDINANCES OF THE CITY OF TITUSVILLE; AMENDING DIVISION 5, SECTION 15-222, BENEFITS EFFECTIVE JUNE 30, 2013, AND DIVISION 5, SECTION 15-237, SUPPLEMENTAL BENEFIT COMPONENT FOR SPECIAL BENEFITS; CHAPTERS 175 AND 185 SHARE ACCOUNTS; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time, by title only. 

 

The public hearing was scheduled for the regular City Council meeting on August 10, 2021 at 6:30 p.m.


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Ordinance No. 18-2021 - Relating to Review of Lot Splits and Flag Lot Approvals – City Attorney Broome read Ordinance No. 18-2021 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS TO DELETE PROVISIONS RELATED TO LOT SPLITS AND AMEND PROVISIONS RELATED TO FLAG LOTS  BY AMENDING CHAPTER 30 “DEVELOPMENT STANDARDS” SPECIFICALLY AMENDING SECTIONS 30-140 “FLAG LOTS” AND 30-237 “PUBLIC STREETS AND PRIVATE ROADS IN SUBDIVISIONS”, CHAPTER 34 “PROCEDURES”, SPECIFICALLY RENAMING ARTICLE III “SUBDIVISIONS” DIVISION 2 “LOT SPLIT”, RENAMING AND AMENDING SECTION 34-113 “LOT SPLIT QUALIFICATIONS”, DELETING SECTIONS 34-111 “INTENT”, 34-112 “APPLICATION” AND 34-114 “APPROVAL”, AMENDING CHAPTER 34 “PROCEDURES” BY AMENDING SECTIONS 34-126 “INTENT”, 34-143 “SMALL-SCALE PLAT QUALIFICATIONS”, AND 34- 214 “APPLICATION CLASSIFICATIONS AND REVIEW SCHEDULES”, AMENDING CHAPTER 37 “DEFINITIONS” BY AMENDING SECTION 37-1 “DEFINITIONS” AND AMENDING “DEVELOPMENT REVIEW PROCEDURES TECHNICAL MANUAL” BY DELETING SECTION 8 “LOT SPLIT”, PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time by title only. 

 

City Manager Larese highlighted the information in the Council agenda packet. He also advised the ordinance was reviewed by the Planning and Zoning Commission (P&Z) at their meeting on July 21, 2021, who recommended approval, 5-2. The P&Z members that did not vote in favor of the approval said the ordinance change did not resolve the problem. 

 

Council discussed their individual questions related to Class I (Minor) and Class II (full Engineering) improvements and the history behind the purpose of the proposed ordinance. 

 

Stan Johnston submitted a public speaking card. He indicated that he did not approve of how the lot split process and other issues were handled in the past.

 

The public hearing was scheduled for the regular City Council meeting on August 10, 2021 at 6:30 p.m.


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Ordinance No. 19-2021 Relating to Floodplain Regulations – City Attorney Broome read Ordinance No. 19-2021 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING FLOODPLAIN MANAGEMENT STANDARDS TO BE CONSISTENT WITH FEDERAL EMERGENCY MANAGEMENT REQUIREMENTS BY AMENDING CHAPTER 30 “DEVELOPMENT STANDARDS”, SPECIFICALLY AMENDING SECTIONS 30-92  “APPLICABILITY”, “(C), BASIS FOR ESTABLISHING FLOOD HAZARD AREAS”, 30-100 “DEFINITIONS”,  AND 30-104 “MANUFACTURED HOMES”, “(D), ELEVATION”, PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time by title only.

 

City Manager Larese highlighted the information in the Council agenda packet. He also advised the ordinance was reviewed by the Planning and Zoning Commission (P&Z) during their meeting on July 21, 2021, who recommended approval as presented, 7-0.

 

Stan Johnston submitted a public speaking card. He reviewed a prepared statement that expressed why he was opposed to the proposed ordinance. 

 

The public hearing was scheduled for the regular City Council meeting on August 10, 2021 at 6:30 p.m.


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Ordinance No. 20-2021 - Tree Protection – The Council tabled (rescheduled) proposed Ordinance No. 20-2021 earlier in the meeting to the regular City Council meeting of August 10, 2021.


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OLD BUSINESS

 

Landscape Gateway Concept Plan Updates - City Manager Larese highlighted the information in the Council agenda packet. The request was for Council to provide staff direction for implementation of landscape gateway locations. On March 10, 2020, the City Council approved Work Order No. KMPW001 to Kimley Horn, Inc., in the amount of $25,180 to provide engineering consulting services including, but not limited to, landscape design, plans preparation, utility coordination, and survey services for the improvement of nine (9) gateway locations, as followed:


1. SR 50 (Cheney Highway) and Interstate 95 intersection

2. SR 50 (Cheney Highway) and SR 405 (South Street) intersection

3. SR 406 (Garden Street) and Interstate 95 intersection

4. SR 406 (Garden Street) from US 1 north-bound (Washington Ave.) to Max Brewer Bridge

5. SR 50 (Cheney Highway) and Hopkins Ave.

6. Hopkins Ave. and Sycamore Street

7. Hopkins Ave. and Harrison Street

8. Hopkins Ave. and Country Club Drive

9. Hopkins Ave. and Knox McRae Drive

 

Opportunity areas and concept plans were provided in the Council agenda packet, but further direction was needed from the City Council prior to staff moving this concept into final design and permitting. 

 

Several individuals submitted public speaking cards.

 

Kay St. Onge read from a prepared statement that reviewed the purpose of the City’s Landscape Trust Fund, her concerns on cutting trees down, and few trees were proposed in the gateway updates, not to the extent that Ms. St. Onge desired. Her desire was to provide large shade trees in the gateway project and elsewhere, allowing the Titusville Environmental Commission (TEC) to review these matters, and more. 

 

Member Robinson supported the TEC reviewing these matters. Mayor Diesel commented that the gateways were a continuous and important subject to the citizens. Public Works Director Kevin Cook reviewed permitting processes, like with the Florida Department of Transportation (FDOT) that would not allow large oak trees at Interstate 95, concept plans and classification or types of trees, going through the sheets and menus on tree choices in the agenda packet and areas where trees were not allowed, but ground cover vegetation was allowed, etc. From a maintenance point of view, live oak trees were challenging near sidewalks and buildings and caused undesirable and costly issues. Instead, palm trees matched or were alike to other trees in the corridors or nearby park(s) and there were a variety of opportunities for vegetation, etc. Having Council identify their high priority areas was also important due to costs may not allow completing all nine areas.  

 

Vice-Mayor Nelson’s priority order were the City’s two intersections at Interstate 95, Cheney Highway, U.S. Highway 1 at both north and south ends, then Garden Street, then maybe some smaller roads. She desired trees and understood there were some areas they were not allowed and did not want shrubbery to affect driving visibility. 

 

Member Stoeckel’s priority order were the City’s two intersections at Interstate 95. Her priority was also the look or aesthetics of the materials used and safety for driving visibility. 

 

To the above, Public Works Director Cook reflected that he heard Council thus far was indicating the main corridors were Council’s concern. He advised that the consultant could design and bring plans forward to the TEC for input, prior to the FDOT permitting processes. He advised that the improvement’s actual implementation and construction costs of the improvements carried the heavier cost burden.  

 

Mayor Diesel’s priority order were the City’s two intersections at Interstate 95 and also U.S. Highway 1 at both the north (higher preference at north end) and south ends. 

 

Stan Johnston seemed to comment off topic. 

 

Member Jordan felt the City’s signage at its entrances could be more attractive. He also liked palm trees. He was concerned for maintenance of ground cover. The maintenance of such areas was covered through a contract vendor.

 

Member Jordan also desired more attractive light poles in main corridor areas---a project already included on a deferred maintenance project list, per City Manager Larese, at a cost of $2 million per phase per Public Works Director Cook, who added that the City was looking at options to update the older light system for the future, such as light emitting diode (LED) lighting or allowable lighting by FDOT, etc.  

 

Public Works Director Cook added that $45,000 was allocated at midyear budget requests for signage. Staff was going to come back with some presentations on what the City could do with its existing signs or approve new sign packages that were personalized designs for City signs at its entrances. The question for a future time would be to either reface City entrance signs or replace them (two different paths). 

 

In summary, Council supported the Landscape Gateway Concept Plan Update and discussed their priorities for improvements of the gateway locations, which included the main corridors of the City. Council also discussed improving the aesthetics of the entrance signs to the main corridors of the City. In addition, Council supported allowing the Titusville Environmental Commission to discuss this item at one of their future meetings.  

 

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NEW BUSINESS

 

Proposed Tentative Operating Millage of $8.2461 mils and Proposed Tentative Voted Debt Service Millage at $0.2941 mils - City Manager Larese highlighted the information in the Council agenda packet. The request was to set the tentative Operating Millage rate for the Fiscal Year 2022 budget at $8.2461 mils, which is 10.00% above the rolled back millage rate of $7.2145 mils. Set the Voted Debt Service millage rate (Riverfront Acquisition Referendum) at $0.2941 mils. The maximum levy authorized by the Series 2005 General Obligation Bonds was $0.5930 mils.

 

Stan Johnston submitted a public speaking card; however, he was not present in the Council chamber.

 

Motion:

Member Jordan moved to set the tentative operating millage rate for the Fiscal Year 2022 budget at $8.2461 mils, which was 10% above the rolled back millage rate of $7.2145 mils.  Council set the voted debt service millage rate (Riverfront Acquisition Referendum) at $0.2941 mils, 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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Elizabeth Oaks Townhomes - Sketch Plat - City Manager Larese highlighted the information in the Council agenda packet. The request was to approve the Sketch Plat for Elizabeth Oaks Townhomes. The Planning and Zoning Commission considered this item during their meeting on July 21, 2021 and recommended approval as presented, 7-0.

 

Community Development Director Busacca reviewed the item’s staff report and requirements for the sketch plat, on page 282 of the Council agenda packet, which she advised the proposed sketch plat met the requirements. The sketch plat was the first step of the process, the next being the preliminary plat to be reviewed by staff, and the final plat to be considered by the City Council. One unique situation was pointed out on page 274 of the agenda packet. There were two landlocked parcels on the south of the subject site that were using an informal or non-legal access to get to their properties. The applicant intended to provide an easement in this area (to be later reviewed during the preliminary plat process), so that persons using the informal access would have a formal access easement. 

 

Member Robinson and staff discussed the zoning of the property that occurred in 1993. He also discussed his familiarity with the nearby area. 

 

Several individuals submitted public speaking cards.

 

Kim Fischer on behalf of the Elizabeth Oaks Townhomes Sketch Plat reviewed the developer’s prior evaluation of housing needs in the area. 

 

Member Jordan and Mayor Diesel discussed their questions with Ms. Fischer, some that touched on the estimated cost for one of the new pending townhomes may fall in the range of $180,000 to $200,000. The townhomes would also be approximately 1,600 square feet in size, 2-stories high with a garage or two, the price point may accommodate medium income families or starter home consumers, etc.  

 

Laura Dandridge submitted a public speaking card. She advised that her property was next to the subject site. Her concern was access to her property or the relocation of the access or Mockingbird Lane, to which she advised was to be on the developer’s property with an opaque fence. She was concerned what would become of Mockingbird Lane that she used and had been there at least 50 years and provided access to her home. 

 

Ms. Fischer, on behalf of the project, advised that Ms. Dandridge’s street was a dirt road that was not previously put in the correct place, but instead the road was located on her client’s property. For this reason, it was her client’s intention to provide legal access to the two nearby homes or properties east of the subject site. The dirt road had been used as an informal or non-legal access, but her client intended to make it a legal access for the two properties east of the subject site. 

 

Stan Johnston submitted a public speaking card. He felt the lots next door to the subject site were not landlocked and there was an existing access or road leading to the lots next door. There was also a street sign indicating Mockingbird Lane. The City street map and other maps showed evidence of Mockingbird Lane being in existence. He did not agree with a land survey that indicated otherwise and the road in question was not a legal access. 

 

Ms. Fischer rebutted some of the comments. She advised that she was a registered engineer with a background working in government as a County engineer, City engineer, etc. She also advised the scenario on the non-legal access was not uncommon. It was not presently a public street and the road did not have a public street sign. It was presently a private road and there was no public maintenance of the existing road. Her firm worked through many legal instruments and discussions with Public Works on the dirt road located on the subject site. The end result would satisfy the citizens that were expressing concerns at this meeting on the dirt road, being that Ms. Fischer’s client planned to dedicate a legal easement for ingress and egress to the two properties or property owners to the east of the subject site. 

 

Community Development Director Busacca reviewed the next steps and upcoming project reviews by the City that were required of the project. 

 

Motion:

Member Jordan moved to approve the Sketch Plat for Elizabeth Oaks Townhomes, 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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Use of the City Portion of NBEDZ TIF for US 1 Sanitary Sewer Installation and Lift Station Construction Project - City Manager Larese highlighted the information in the Council agenda packet. The request was to approve the use of the City's portion of the North Brevard Economic Development Zone's (NBEDZ) tax increment financing (TIF) for US Highway 1 sanitary sewer installation and lift station construction project, and authorize the Mayor to execute the agreement.

 

Economic Development Director Lisa Nicholson and North Brevard Economic Development Zone (NBEDZ) Director Troy Post were available to answer questions.

 

Mayor Diesel and Member Jordan reviewed why they supported the requested action. Member Robinson discussed the use of funding with staff was encouraged for infrastructure improvements.

 

Stan Johnston submitted a public speaking card; however, he was not present in the Council chamber.

 

City Attorney Broome reviewed additional language the Council may consider if considering approval of the request.  

 

Motion:

Member Jordan moved to approve the use of the City's portion of the North Brevard Economic Development Zone's (NBEDZ) tax increment financing (TIF) for US 1 sanitary sewer installation and lift station construction project, and authorize the Mayor to execute the agreement, as recommended. The approval also included adding additional language to the agreement in section 3.2 - City Obligations.  This language was to recognize that currently there were tax increment financing (TIF) dollars associated with the Miracle City Mall Redevelopment and this language identified that this was a debt service payment on debt obligations of the City in connection with the mall project. Member Stoeckel 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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American Rescue Plan Act - Water Resources Projects and Programs - City Manager Larese highlighted the information in the Council agenda packet. The request was to approve the following American Rescue Plan Act (ARPA) Investments in Water and Sewer: Causeway Lift Station Improvements $800,000, Armstrong Chemical Addition Project $600,000, Backflow Preventers $100,000, and Grease Interceptors $300,000 and the associated budget amendments for each of these items.

 

Vice-Mayor Nelson requested reviewing whether retro costs spent by individuals for the installation of grease interceptors over the past year or during the COVID-19 pandemic could be eligible for reimbursement of their costs. Water Resources Administration Director Sean Stauffer advised he could review the ARPA requirements to see if this was appropriate use of funds.

 

City Attorney Broome advised these matters would need to be in compliance with the American Rescue Plan Act (ARPA) and final rules on use of the funding. Funding recipients were also required to maintain recordkeeping for how the pandemic negatively impacted them and how the financial assistance helped them. The City would be hiring an outside firm to evaluate these matters and for compliance of the rules associated with the funding. He reiterated the purpose of the request at hand was for the programs for contract and procurement, but he recommended a condition of vetting these matters through an auditor or outside firm to ensure whether they were or were not in compliance with the ARPA rules. If not, staff could return to Council and reallocate the funding.

 

City Manager Larese advised that each of the ARPA programs would endure the auditing process to ensure compliance with the rules.

 

Stan Johnston submitted a public speaking card; however, he was not present in the Council chamber.

 

Nancy Hoffman submitted a public speaking card. She was presently working to open a restaurant in Titusville and had already installed a grease interceptor at the restaurant site. She requested a retro reimbersurement of the costs for the grease interceptor, if ARPA rules allowed for this type of payment. 

 

Water Resources Director Sean Stauffer stated that he would consider Ms. Hoffman’s request, but it would also need to be reviewed by the external auditor of the ARPA funds.

 

Motion:

Member Jordan moved to approve the American Rescue Plan Act - Water Resources Projects and Programs and the following American Rescue Plan Act (ARPA) Investments in Water and Sewer: Causeway Lift Station Improvements $800,000, Armstrong Chemical Addition Project $600,000, Backflow Preventers $100,000, and Grease Interceptors $300,000, as recommended. Member Stoeckel seconded the motion. 

 

City Manager Larese requested clarification if the pending motion presently on the floor for Council’s consideration included approving the associated budget amendments for each of the items specified in the request, to which Member Jordan amended the motion and to include approving the associated budget amendments for each of the items specified in the agenda packet for this agenda item, as recommended. Member Stoeckel’s second held 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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American Rescue Plan Act - Stormwater Projects - City Manager Larese highlighted the information in the Council agenda packet. The request was to approve and allocate $590,000 American Rescue Plan Act (ARPA) funds for stormwater water quality projects. Additionally, the request included approving the associated budget amendment to create the projects.

 

Stan Johnston submitted a public speaking card; however, he was not present in the Council chamber.

 

Motion:

Member Jordan moved to approve the American Rescue Plan Act – Stormwater Projects and approve and allocate $590,000 American Rescue Plan Act (ARPA) funds for stormwater water quality projects, as recommended. The motion also included approving the associated budget amendment(s) to create the projects, 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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American Rescue Plan Act - City of Titusville Premium Pay - City Manager Larese highlighted the information in the Council agenda packet. The request was to approve the allocation and use of American Rescue Plan Act (ARPA) funds in the amount of $350,000 to provide premium pay for City of Titusville employees who meet the eligibility requirements outlined in the ARPA of 2021. The request also included approving the associated budget amendment for this item.

 

Stan Johnston submitted a public speaking card; however, he was not present in the Council chamber.

 

Motion:

Member Jordan moved to approve the allocation and use of American Rescue Plan Act (ARPA) funds in the amount of $350,000 to provide premium pay for City of Titusville employees who meet the eligibility requirements outlined in the ARPA of 2021, as recommended. The motion also included approving the associated budget amendment(s), 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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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) – 

 

Nathan Slusher distributed information titled Homelessness Solution 2021. He advised that at the last Council meeting, Council dedicated $460,000 to homelessness from American Rescue Plan Act (ARPA) funding. A developer at the same meeting suggested using the money to build low income housing, which he felt was a good idea under the right stewardship for the project’s funding; however, Mr. Slusher felt the homeless needed assistance now versus waiting on future housing to be built. To this, he reviewed his solution from the information that he distributed. This included hiring a homeless liaison and placing homeless persons in rental properties without any qualifications.

 

Member Robinson advised that the type of program that Mr. Slusher suggested was previously implemented by former U.S. President Barrack Obama and called Housing First. In the cities where the program was implemented or tested, Member Robinson indicated the program was not successful, due to there was more to homelessness than the average person realized. It was a wonderful concept; however, case management was an issue and changing a person that did not want to change was an issue. Crime and drugs in the residences could also be an issue. Member Robinson advised he was an experienced advocate for the homeless and the economically disadvantaged. He was available to talk to Mr. Slusher, if ever he desired having conversations on these matters. 


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MAYOR AND COUNCIL REPORTS

 

Mayor's Report - Mayor Diesel submitted his written report.

 

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Council Reports – 

 

Member Jordan commented on current hospitalization statistics and the COVID-19 pandemic and the medical community’s concerns on the rise in patients and deaths. Elective surgeries were also being deferred for a period of time. 

 

Member Robinson commented on the recent employee picnic, which he enjoyed and felt was successful. 

 

Mayor Diesel commented on the New Life Church opening an adult day care, which he felt was a growing need in the community. 

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CITY MANAGER’S REPORT

 

City Manager's Report - City Manager Larese submitted his written report. The following items were provided for informational purposes:

 

  • Low Impact Development Ordinance (Previous advertisement for public hearing on July 27, 2021 at 6:30 p.m. no longer valid and postponed to a future Council meeting)
  • FY 2022 Budget Workshop – August 11, 2021 at 5:00 p.m. at City Hall
  • First hearing on the FY 2022 Budget        – September 7, 2021 at 5:30 p.m. at City Hall
  • Final hearing on the FY 2022 Budget        – September 15, 2021 at 5:30 p.m. at City Hall

 

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All items were informational only.

 

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CITY ATTORNEY’S REPORT - No action.

 

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With no further business to discuss, the meeting adjourned at 9:18 p.m.