Regular City Council Meeting

City Council

                                                                                                                                                                                      Regular Meeting

                                                                                                                                                                                      August 10, 2021

 The City of Titusville City Council met in regular session on Tuesday, August 10, 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 E. Diesel, Vice-Mayor Jo Lynn Nelson, and City Council Members Robert L. Jordan, Jr., Joe C. Robinson, and Dr. 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. Additionally, City Clerk Wanda Wells read the procedure 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 July 13, 2021 (6:30 p.m.), July 27, 2021 (5:30 p.m.) and special City Council meeting on July 20, 2021 as submitted. 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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City Manager Larese informed council that the applicant for item 9F Right of Way Vacation (ROW) No. 1-2021 Riverside Drive – River Palms Condominiums requested to withdraw the item. He also advised council that staff requested to withdraw item 10A Ordinance No. 14-2021 – Low Impact Development, and allow Water Resources Director Sean Stauffer to provide an update to council on the boil water alert that was issued on Friday, August 6, 2021 during special recognitions and presentations. 

 

Motion:

Member Jordan Moved to withdraw Item 9F Right of Way Vacation (ROW) No. 1-2021 Riverside Drive – River Palms Condominiums and 10A Ordinance No. 14-2021 – Low Impact Development, and allow Water Resources Director Sean Stauffer to update council on the boil water alert that was issued on Friday, August 6, 2021 during special recognitions and presentations. Member Stoeckel seconded the motion.

 

The motion carried unanimously. 

 

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SPECIAL RECOGNITIONS & PRESENTATIONS 

 

Boil Water Alert Update – Water Resources Director Sean Stauffer updated council on the boil water alert that occurred Friday, August 6, 2021. He stated that E. coli was found in the raw water sample. Mr. Stauffer explained that raw water was the water pumped out of the ground before it goes to the water treatment plant. The boil water alert was sent to be cautious and transparent with customers. He stated that E. coli was not found in any of the drinking water that was treated. Water Resources Director Stauffer stated that if you did not receive a warning call about the boil water alert, citizens can be added through a service called Alert Brevard.

 

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BOARDS AND COMMISSIONS – None.

 

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

 

Stan Johnston asked council which Environmental Protection Agency statute required Titusville to issue the boil water alert. Mr. Johnston stated that he believed the boil water alert was a false alarm.

 

Joseph Hill stated that the pedestrian lights at the intersection of Harrison Street and Hopkins Avenue had been inoperative for over a year. Mr. Hill also stated his concern for the condition of the sidewalk and bicycle access near Titus Landing and asked council if they would do something about it. Public Works Director Kevin Cook stated that Hopkins Avenue was a City road. He explained that the Public Works Department was using impact fees to work on the roads with a collector to fill gaps in the sidewalks, but was not sure if Hopkins Avenue would be a top priority because of the difficulties associated with the older road.

 

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CONSENT AGENDA

 

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

 

City Manager Larese read Consent Agenda items A through F, as followed:

 

  1. Change Order #2 to Work Order #3 - Annual Stormwater and Piping Installation - Approve Change Order #2 to Work Order #3 to contract CN16B038, Annual Stormwater Piping & Installation to SDV Services, LLC, in the amount of $433,076 for repairs and upgrades to the stormwater system at Country Club Drive near La Cita Golf Course. Also approve the associated budget amendment and authorize the Mayor and City Manager to execute the work order per review and approval by City staff.

 

  1. Solid Waste Routing Software and Implementation Services - Approve award of Solid Waste Routing Software and Implementation Services (RFP#21-P-028) to C2Logix, Inc. of Clearwater, Florida in the total amount of $178,089 over 5 years. Authorize the Mayor to execute the contract upon satisfaction of terms and conditions through review of the City Manager and City Attorney. Additionally, approve associated budget amendment in the amount of $75,189 for the implementation.

 

  1. Resolution No. 25-2021 Approving Temporary Closure of State Roads for Special Events - Farmer's Markets and Downtown Street Parties - Approve Resolution No. 25-2021 approving the temporary closure of S. Washington Avenue (US Highway 1) on selected Fridays from August 13, 2021 through December 10, 2021 for Farmer's Markets and Downtown Street Parties.

 

  1. Change Order #1 to Contract #CN20-B-044 with Wharton Smith, Inc. for City of Titusville Building Permit - Fees Approve Change Order #1 in the amount of $37,296.63 to contract #CN20-B-044 with Wharton Smith, Inc. for repayment of the City of Titusville Building Permit fee and authorize the City Manager to execute the change order.

 

  1. Award of Contract - Julia Street Lighting - Approve award of bid #21-PQ-043 for Julia Street Lighting Improvements to Rush Facilities, LLC of Titusville, Florida in the amount of $60,253.24 to construct pedestrian lighting improvements along Julia Street near the Emma Parrish Theater. Additionally, authorize the Mayor to execute the contract or necessary purchasing instrument and approve associated budget amendment.

 

  1. Resolution No. 26-2021 - Kurt Eichin Memorial Trail - Adopt Resolution No. 26-2021 supporting the naming of a portion of the Coast to Coast Connector within Brevard County as the "Kurt Eichin Memorial Trail."

 

Member Stoeckel asked Public Works Director Kevin Cook what they were doing on Country Club Drive with the piping. Public Works Director Cook stated that the Public Works Department was installing a second inlet underground retention system to alleviate the recurring flooding from rainstorms. He stated that the Public Works Department modified the original plan by adding a second inlet and a second retention area underground to increase the storage.

 

Stan Johnston stated that he supported Agenda Items 8a, 8c, 8e, and 8f. Mr. Johnston commented on the consent agenda items, etc.

 

Motion:

Member Jordan moved to approve Consent Agenda items A, B, C, D, E, and F in accordance with recommendations. 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.

 

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

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 for the second time by title only.

 

City Manager Larese highlighted the report to council. This was the public hearing; however, there were no speakers.

 

Motion:

Member Jordan moved to approve Ordinance No. 17-2021 Specific Revisions to the Firefighters' Pension Plan and established "Share Plan" to provide special benefits to Firefighters as recommended by staff. Member Stoeckel 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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Ordinance No. 18-2021 - Relating to Review of Lot Splits and Flag Lot Approvals - City Attorney Broome read,  Ordinance No. 18-2021 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 the second time by title only.

 

City Manager Larese advised this ordinance was reviewed by the Planning and Zoning Commission at their meeting on July 21, 2021 and recommended approval, 5-2. The members that did not vote in favor of the approval said the ordinance change did not resolve the problem.

 

The lot split process included the review and approval of the creation of two (2) lots from one (1) existing lot that ensured that both new lots met the requirements of the Code. The staff recommended removal of the current lot split process because there was no mechanism to ensure that lots splits were reviewed by the City prior to recording of the deeds with the Clerk's Office. The existence of the current code had, in some cases, hindered permitting for proposed development by requiring two property owners to go through the lot split process after the fact.

 

Community Development Director Peggy Busacca read Section 13, any lots created by metes and bounds, which meet all requirements of code shall be entitled to the provisions of this ordinance. She stated that this allowed the lots that were created prior to this ordinance to be legally developed.

 

This was the public hearing.

 

Stan Johnston stated that Ordinance No. 18-2021 had provision for flag lots and stated that the minimum of the stem on a flag lot had to be twenty-five (25) feet wide. Mr. Johnston stated that the sketch plat for Elizabeth Oaks Townhomes showed replacements for a drivable access that was only 8-10 feet wide.

 

There were no more speakers; therefore, the public hearing was closed.

Motion:

Member Jordan moved to approve Ordinance No. 18-2021 - Relating to Review of Lot Splits and Flag Lot Approvals, as recommended by staff. 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.

 

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Ordinance No. 19-2021 Relating to Floodplain Regulations - City Attorney Broome read, Ordinance No. 19-2021 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”, provide for severability, repeal of conflicting ordinance, effective date and incorporation into the code the second time by title only.

 

City Manager Larese advised the Planning and Zoning Commission considered this ordinance during their meeting on July 21, 2021 and recommended approval (7:0).

 

Based on policy changes issued by FEMA, staff proposed the following amendments to the

flood management regulations:

  • Adopt the most current Flood Insurance Study for Brevard County Florida and Incorporated Areas dated January 29, 20201 as adopted by Brevard County.
  • Remove the definitions of "existing manufactured home park or subdivision", "expansion to an existing manufactured home park or subdivision", and "new manufactured home park or subdivision."
  • Amend the standards for manufactured homes to require that all manufactured homes that are placed, replaced or substantially improved in flood hazard areas be elevated such that the bottom of the frame is at or above the elevation required in the Florida Building Code.

 

This ordinance had been reviewed by the Florida Division of Emergency Management.

 

Building Official Steve Adams stated that in order for property owners to gain access to flood insurance, the community must participate in the national flood insurance program and adopt its own flood plain regulations. He stated that the City of Titusville’s Community Rating System (CRS) had improved, allowing policy holders to be subject to a 15% reduction in premium cost for those associated with a special flood hazard area and a 5% reduction for those who are not associated with a special flood hazard area.

 

This was the public hearing.

 

Stan Johnston stated he opposed Ordinance No. 19-2021. Mr. Johnston claimed that the City of Titusville was not maintaining floodways outside of City limits toward the Saint Johns River, between Fox Lake road and by State Road 50.    

 

There were no more speakers; therefore, the public hearing was closed.

 

Motion:

Member Jordan moved to approve Ordinance No. 19-2021 Relating to Floodplain Regulations, 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.

 

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Ordinance No. 21-2021 - Community Gardens – City Attorney Broome read, Ordinance No. 21-2021 amending the Code of Ordinances to allow community gardens as a permitted use in the Public (P) zoning district and a limited use in Neighborhood Commercial (NC), General Use (GU), Downtown Mixed Use (DMU) and Regional Mixed Use (RMU) zoning districts and to expand the limitation standards; by amending Chapter 28, “Zoning”, specifically amending Sections 28-54 “Use Table” and 28-271 “Community Gardens”; providing for severability; repeal of conflicting ordinances; incorporation into the code; and an effective date the first time by title only. (This was the first of two required public hearings. The second and final public hearing was scheduled to be conducted by City Council on August 24, 2021 at 6:30 p.m.)

 

City Manager Larese advised the Planning and Zoning Commission considered this ordinance at their August 4, 2021 meeting and recommended approval with an amendment to remove the screening requirements, 7-0.

 

Community Development Director Peggy Busacca stated that the current ordinance that governed the community gardens did not have a screening requirement. The staff added language that read a community garden should be screened so that it was not visible from an arterial roadway. The Planning and Zoning Commission recommended that this language be removed.

 

This was the first public hearing; however, there were no speakers. This was the first of two required public hearings. The second and final public hearing was scheduled for the regular City Council meeting on August 24, 201 at 6:30 p.m.

 

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City Attorney Broome read the quasi-judicial rules of procedures. Second Reading, Public Hearing and Related Action (Quasi-judicial) THE FOLLOWING ITEMS ARE SUBJECT TO QUASI-JUDICIAL RULES OF PROCEDURE. ANYONE WISHING TO SPEAK ON AN ITEM MUST FIRST COMPLETE AN AGENDA SIGN-UP CARD AND SIGN THE OATH CONTAINED THEREON. THOSE SPEAKING IN FAVOR OF A REQUEST WILL BE HEARD FIRST. IF YOU HAVE PHOTOGRAPHS, SKETCHES, OR DOCUMENTS THAT YOU DESIRE FOR CITY COUNCIL TO CONSIDER, THEY MUST BE SUBMITTED INTO EVIDENCE AND WILL BE RETAINED BY THE CITY. SUBMIT THESE EXHIBITS TO THE CITY CLERK.

 

Conditional Use Permit (CUP) No. 4-2021 Rental Car Agency, 1206 South Hopkins Avenue -Approve Conditional Use Permit (CUP) No. 4-2021 to allow a rental car agency at 1026 South Hopkins Avenue within the Midtown Sub-district of the Downtown Mixed Use (DMU) zoning district. Staff recommended approval.

 

City Manager Larese advised that the Planning and Zoning Commission considered this item during their August 4, 2021 regular meeting and recommended approval as presented, 7-0. The Community Redevelopment Agency (CRA) considered this item prior to the City Council meeting and recommended approval.

 

The applicant requested a Conditional Use Permit to locate a rental car agency at 1026 South Hopkins Avenue. The applicant proposed to lease the front 1.1 acre portion of the parcel to operate the rental car agency. The property was zoned Downtown Mixed Use (DMU), Midtown Sub-district. Section 28-107(a) of the Land Development Regulations required rental car agencies to obtain Conditional Use Permit approval in the Midtown Sub-district of the DMU zoning district. The property had been used as a new/used car sales use since the 1960s. Per the submitted plan, the applicant proposed to utilize the existing building, parking, and ingress/egress points for vehicular access.

 

Community Development Director Peggy Busacca stated that staff recommended approval.

 

Motion:

Member Jordan moved to approve Conditional Use Permit (CUP) No. 4-2021 Rental Car Agency, 1206 South Hopkins Avenue, 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.

 

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Right of Way Vacation (ROW) No. 1-2021 Riverside Drive - River Palms Condominiums – Prior to the meeting, the applicant requested this item be withdrawn. This item was withdrawn by Council earlier in the meeting.

 

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ORDINANCES-FIRST READING

 

Ordinance No. 14-2021 - Low Impact Development (LID) – City Manager Larese advised that staff requested this item be withdrawn. It was withdrawn earlier in the meeting.

 

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Ordinance No. 20-2021 - Tree Protection – City Attorney Broome read, Ordinance No. 20-2021 amending the Land Development Regulations to provide for standards of tree protection including the designation of protected trees, creation of total canopy and preserved canopy requirements, standards for removal of heritage trees, establishment of incentives to preserve trees and reduce mitigation, and amending critical root zone, tree survey and buffer yard requirements, by amending Chapter 30 “Development Standards” specifically amending Sections 30-31 “Intent”, 30-32 “Criteria for removal”, 30-33 “Relocation or replacement of trees” 30-34 “Mitigation plan”, 30-35 “Exceptions”, 30-39 “Tree removal, permit required”, 30-40 “Tree survey required before permit” 30-324 “Landscape”, 30-334 “Reduction in required landscape yards”, and 30-338 “Natural buffer yards”, and creating new Section 30-31.5 “Canopy requirements”; providing for grandfather provision, severability, repeal of conflicting ordinances, effective date and incorporation into the code the first time by title only. (This was the first reading of the ordinance. The second reading and public hearing was scheduled to be conducted by Council on August 24, 2021 at 6:30 PM.)

 

City Manager Larese advised that the Titusville Environmental Commission and the Planning and Zoning Commission recommended tree protection ordinances, which was included in the agenda packet.

 

Community Development Director Peggy Busacca presented a power point on the Tree Preservation Ordinance. The presentation was highlighted as follows:

 

  • Current Approach
    1. Preservation in residential subdivisions
    2. Mitigation
    3. Landscaping required
  • Current Code
    1. Trees in excess of 20-inch DBH are considered specimen trees
    2. 2:1 mitigation is required if specimen trees are removed
  • Mandatory Preservation?
    1. Canopy
      • Minimum requirements
      • Exceptions
      • Forested wetlands
    2. Protected Trees
  • Mitigation?
    1. Requirements
    2. Incentives
    3. Waivers/Appeals
  • It’s A Balancing Act

 

Vice-Mayor Nelson asked Community Development Director Busacca if they could have both canopy and preservation of certain trees included in the ordinance. Community Development Director Busacca explained that in the ordinance, there were some canopy requirements as well as heritage tree requirement, which would only be removed through the Developmental Review Committee and then City Council if there was an appeal. Community Development Director Busacca stated that in Brevard County, the minimum size criteria were 24 inches.

 

Member Jordan stated that he did not support the ordinance for industrial and commercial areas, only residential. He did not want to prevent developers and businesses from receiving a return on their investment.

 

Mayor Diesel asked if there had been more emphasis on land owner rights by the state. Community Development Director Busacca advised that the state required a property rights element to be included in the comprehensive plan. There had also been a provision that the City can not require a permit or tree replacement from a residential property if it had been declared dangerous from an arborist.

 

Member Stoeckel agreed with Member Jordan that they did not want the requirements for industrial and commercial areas.

 

The public hearing was opened.

 

Joe Hill discussed the clear cutting that occurred at Publix. He stated that the City could do a better job protecting the trees.

 

Kay St. Onge discussed the current code that required only 10% area of vegetation, not trees. Ms. St. Onge stated that trees helped filter storm water, which also helped the Indian River Lagoon. She stated that trees helped with temperature reduction as well.

 

Kim Rezanka handed out a report to council that highlighted as follows:

  • Excessive Regulation with unknown evidence to support
  • Ambiguous and Vague
  • Unintended Consequences
  • Request
  • Heritage Trees
  • Heritage Oaks
  • Defining special trees: heritage, historic, and landmark trees
  • Tree Pricing

Ms. Rezanka stated that she was against the tree protection ordinance. She stated that the intent was preservation, not protection.

 

Thomas Perez, a member of Titusville Environmental Commission, stated that development was a necessary part of the community, but should not occur at the expense of our environment. He stated that there was no flow current in the Indian River Lagoon between the causeways around Titusville, which meant that whatever was put into the Indian River Lagoon would stay in the Indian River Lagoon. Mr. Perez stated that Titusville Environmental Commission’s recommendations were based on science.  

 

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There was a pause in the meeting to table items to a future meeting due to the meeting running late.

 

City Manager Larese stated that staff recommended tabling Item 12C – Solid Waste Rate Review and Item 12D Stormwater Rate Review to the regular city council meeting (Presentation meeting) on August 24, 2021 at 5:30 p.m.

 

Motion:

Member Jordan moved to table Item 12C – Solid Waste Rate Review and Item 12D Stormwater Rate Review to the regular city council meeting (Presentation meeting) on August 24, 2021 at 5:30 p.m. Vice-Mayor Nelson seconded the motion.

 

The motion carried unanimously.

 

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The public hearing on the tree ordinance continued.

 

Toni Shifalo stated that a vocal minority was not who asked for these changes to the tree protection ordinance. Ms. Shifalo stated that if the ordinance was not mandatory, people would not follow the ordinance and protect the trees.

 

Yvette Flis stated that saving only 10% of the trees was not enough. Ms. Flis stated that the businesses or developments should not be the most important and the City needed to make changes for the wellbeing of future generations.

 

Katherine Perez stated that the main people complaining about the tree ordinance including the developers and lawyers were people who did not live in Titusville. She stated that they were land owners that were trying to profit off of development of the land. Ms. Perez explained how trees are a free water retention system.

 

Pam Dirschka stated that the current tree requirements were not strong enough and asked for at least 25% to be required near houses, not only surrounding the edges of the development. Ms. Dirschka stated that trees provide quality of life, produce shade, reduce stormwater discharge and provide wildlife habitat.

 

William Klein stated that heat killed people and tree canopy shading reduces air and surface temperatures. Mr. Klein stated that the City of Titusville needed to reduce polluted storm water from entering the Indian River Lagoon. He stated that preserving trees for their cooling shade, reducing storm water pollution, and providing food and habitat for wildlife would make us the gateway to nature.

 

Stan Johnston stated that there was a distinction between live oak trees and other types of trees that had a shorter limited life span. He stated that the expected life span of trees should be considered in the ordinance.

 

Patricia Weeks, the President of Space Coast Association of Realtors, thanked council for choosing not to include the commercial and industrial areas. She stated that the requirements would increase the cost of homes because the developers would charge more if they had to spend more to build them.

 

Laurilee Thompson discussed manatees in the Indian River Lagoon and stated that they were malnourished because of the lack of sea grass in the Indian River Lagoon. She stated that trees were an investment in the health of the Indian River Lagoon.

 

Bruce Moia represented the Home Builders & Contractors Association (HBCA). He stated that he was in favor of the staff’s version of the ordinance, but disagreed with a few things including that all trees were created equal. Mr. Moia stated that council should add language to the ordinance to prevent mitigating for palm trees.  

 

Mary Sphar represented the Sierra Club. She stated that there would need to be a balance between the environmental and development community. She suggested that a good balance was an ordinance that included strong canopy requirements and reduced mitigation along with incentives to tie the two together.

 

Robin Fisher, a business owner in Titusville, stated that he did not like this ordinance and that North Brevard did not have a tree problem. Mr. Fisher stated that this ordinance would slow down growth and development in Titusville.

 

There were no more speakers; therefore, the public hearing was closed.

 

The public hearing was scheduled for the regular meeting City Council meeting on August 24, 2021 at 6:30 p.m.

 

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Mayor Diesel called for a five-minute recess from 9:50 p.m. to 9:55 p.m.

 

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OLD BUSINESS –

 

American Rescue Plan Act - Farmers Market Memorandum of Understanding (MOU) with the Greater Titusville Chamber of Commerce – City Manager Larese reviewed the information and advised Council to authorize the Approval of the Memorandum of Understanding (MOU) for the Greater Titusville Chamber of Commerce to operate a Farmers Market Token Program to be funded by the American Rescue Plan Act and authorize the Mayor to execute the agreement.

 

Motion:

Member Jordan moved to approve American Rescue Plan Act - Farmers Market. Vice-Mayor Nelson seconded the motion, as recommended. 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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NEW BUSINESS –

 

American Rescue Plan Act - Low Income Housing Tax Credit Development Application Funding Request – City Manager Larese advised the request was to provide direction on the allocation of American Rescue Plan Act funds for the proposed Forest Glen low-income housing tax credit housing project located at 2001 South Street.

 

On July 13, 2021, City Council approved the Neighborhood Services Department portion of the City's American Rescue Plan Act (ARPA) grant program. This approval included allocating $460,000 for affordable housing developments. The Forest Glen development proposal indicated that when the development was complete, it would consist of ninety (90) units for low-income households making up to 80% of the area median income consisting of one, two, and three-bedroom options, as well as ten percent (10%) of the units’ set-aside for those individuals or families who met the HUD definition of homeless. The applicant was aware that final approval of these funds would be based upon a third-party auditor review for compliance with ARPA guidelines

 

The Neighborhood Services staff reviewed the Forest Glen proposal, and found that it meets the intent of the current American Rescue Plan Act program guidelines, as well as the City's housing goals and objectives found in its Community Development Block Grant and Five-Year Strategic Plan.

 

Member Stoeckel asked Neighborhood Services Director Terrie Franklin the last time the City had done something like this request. Ms. Franklin stated that the City contributed to Park Villas, which was funded through the State Housing Initiative Program.  

 

Member Robinson stated that he supported housing for people that were economically disadvantaged. He stated that he liked the location of the development because it had access to transportation and met the requirements. Member Robinson stated he was in full support and hoped Titusville would continue to do more in the future to help people that are economically disadvantaged.

 

Jason Larson from the Housing Trust Group was responsible for developing Forest Glenn. He thanked Council for considering this item. He stated the approval of this request would help the development apply to the state for seventeen million dollars in tax credit financing for the development of 90 units of affordable and mixed income housing.

 

Member Jordan asked Mr. Larson if they did not receive the financing, would the money become unobligated. Mr. Larson stated that the application to the state would be made on August 26, 2021, and they would know if the project would be funded by April, 2022.

 

Stan Retz stated that this project would be an investment by the City for the Tax Revenue. Mr. Retz asked if the City would use other funds if the auditor found that this project did not qualify for the funding.

 

Motion:

Member Jordan moved to direct staff to allocate $460,000 of the American Rescue Plan Funds for the proposed Forest Glenn low-income housing tax credit housing project grant, contingent upon the approval of the auditor, as recommended. 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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Motion: Member Jordan moved to extend the meeting until 10:40 p.m. Vice-Mayor Nelson seconded the motion.

 

The motion carried unanimously.

 

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Historic Property Ad Valorem Property Tax Exemption Code Amendment – City Manager Larese advised the request was to provide advisability on amending the Historic Property Ad Valorem Tax Exemption Code to be consistent with the Florida Administrative Code Rule 1A-38.003 (1) Application for Exemptions.

 

Member Robinson asked for clarification on the tax exemption. City Manager Larese explained how the City’s code stated that in order to apply for the tax exemptions, you have to apply prior to the project, and the Florida Statute stated that you can apply before, during, or after.

 

Motion:

Member Jordan moved to approve advisability to staff to amend the Historic Property Ad Valorem Property Tax Exemption Code to be consistent with the Florida Administrative Code Rule 1A-38.003 (1) Application for Exemptions, as recommended. 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.

 

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Solid Waste Rate Review – This item was tabled to the August 24, 2021 City Council meeting (Presentation Meeting) at 5:30 p.m.

 

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Stormwater Rate Review - This item was tabled to the August 24, 2021 City Council meeting (Presentation Meeting) at 5:30 p.m.

 

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA

ITEMS) – None.

 

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MAYOR AND COUNCIL REPORTS

 

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

 

 

Mayor Diesel stated that he attended five back to school events at Imperial Estates, Madison Middle School, Astronaut High School, Titusville High School, and Oak Park Elementary.

 

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Council Reports –

 

Vice-Mayor Nelson thanked Mayor Diesel for addressing covid at the meeting.

 

Member Stoeckel also thanked the Mayor for addressing covid. She also stated that she had seen the number of people being vaccinated increasing.

 

Member Robinson stated that the City Council needed to be careful on how the vaccines and covid were addressed.

 

Member Robinson also thanked the Finance Department for coming to the giveaway for school supplies at Gibson Gym in Titusville.

 

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

 

City Manager Larese stated that traffic enforcement was increased prior to the beginning of the school year so that people are cautious around school zones to protect our children.

 

City Manager Larese commented on the upcoming Boards and Commissions’ Ceremony scheduled for October 7, 2021. He requested that Council cancel the Boards and Commissions’ Ceremony due to the increase numbers of covid 19 cases.

 

Motion:

Member Jordan moved to cancel the boards and commissions’ annual recognition dinner. 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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CITY ATTORNEY’S REPORT –

 

Conflict of interest waiver between the City of Titusville and the Gray/Robinson Law Firm – City Attorney Broome advised Council that the request was to authorize the City to waive any conflict of interest it may have in its representation by the Law Firm of Gray/Robinson and any of its associates regarding the American Charter Development rezoning matter in the City of Titusville.

 

The City Attorney's Office was informed that Attorney Paul H. Minoff of the Gray/Robinson Law Firm had a possible conflict in its representation of the American Charter Development, owned by Village Charter Holdings, LLC, who was attempting to rezone the property at 1927 Knox Mc Rae Drive in Titusville. They asked the City to waive any potential conflicts associated with their representation of this client. The City Attorney's office had no objection to waiving any conflict of interest regarding this matter.

 

Vice-Mayor Nelson stated that she did not have a problem with an attorney processing an application, but when it came to litigation, she did not support it. City Attorney stated that they are not requesting the City to waive a conflict to any potential litigation and if the matter becomes adversarial, they would no longer be involved in the representation.

 

Motion: Member Jordan moved to authorize the City to waive any conflict of interest between the City of Titusville and the Gray/Robinson Law Firm. Member Stoeckel seconded the motion, as recommended. 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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With no further business to discuss, the meeting adjourned at 10:42 p.m.