Regular City Council at 6:30 PM - August 24, 2021

CITY OF TITUSVILLE

COUNCIL AGENDA

 

August 24, 2021

6:30 PM - Council Chamber at City Hall

555 South Washington Avenue, Titusville, FL 32796

 

Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

 

Applicants for land use and zoning related items are advised that the resumes of staff members who prepare applicable staff reports are on file in the City Clerk's Office.

 

The City desires to accommodate persons with disabilities. Accordingly, any physically handicapped person, pursuant to Chapter 286.26 Florida Statutes, should, at least 48 hours prior to the meeting, submit a written request to the chairperson that the physically handicapped person desires to attend the meeting.

 

1. CALL TO ORDER

 

2. INVOCATION

 

A moment of silence will be held.

 

3. PLEDGE OF ALLEGIANCE

 

4. APPROVAL OF MINUTES

 

A. Minutes - Approve the minutes of the regular City Council meeting on

July 27, 2021 (6:30 p.m.).

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

A. Reserved for Presentations - There may not be adequate time at the regular City Council meeting scheduled for August 24, 2021 at 5:30 p.m. to hear all the presentations as outlined in the agenda. If necessary, the presentation(s) will be heard at this time during the regular City Council meeting on August 24, 2021 that commences at 6:30 p.m.

 

6. BOARDS AND COMMISSIONS

 

A. North Brevard Commission on Parks and Recreation - Appoint two regular members to the North Brevard Commission on Parks and Recreation with terms to expire on August 31, 2023.

 

B. Titusville Environmental Commission - Appoint one alternate member to the Titusville Environmental Commission with an unexpired term to expire on November 30, 2023.

 

C. The Planning and Zoning Commission Semi-Annual Report – The Planning and Zoning Commission's semi-annual written report is included in the agenda packet. No action is required.

 

D. Planning and Zoning Commission - Accept the resignation of Regular Member Dwight Severs of the Planning and Zoning Commission with an unexpired term to expire on January 31, 2023. His resignation was effective on August 19, 2021.

 

7. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS)

 

8. CONSENT AGENDA

 

A. Advisability - Car Rental Agency Zoning - Approve advisability for the Planning staff to research the zoning of car rental agencies.

 

B. Titusville Police Department Collaboration Video with IACP (International Association of Chiefs of Police) - Approve contract and funding of $24,300 to allow the Titusville Police Department to create a video with members of the International Association of Chiefs of Police.

 

C. Human Resources, Employee Benefits and Risk Management Services RFP # 21-P- 005 - Approve the contract award to Robinson Bush Consulting, a division of Digital Insurance, LLC to provide Human Resources, Employee Benefits and Risk Management Services during a three year term in the amount of $58,550.00 for year one and renewable for two (2) optional one (1) year periods upon mutual consent of the parties and authorize the Mayor to execute the contract subject to review and approval by the City Manager and City Attorney from City staff.

 

D. Assignment of Investment Advisory Agreements from PFM Asset Management, LLC to U.S. Bancorp Asset Management - Approve assignment of the investment advisory agreements for the City of Titusville and the Other Post Employment Benefits (OPEB) Trust Fund from PFM Asset Management,

LLC to U.S. Bancorp Asset Management and authorize the Mayor to execute.

 

E. Award of Contract for Mourning Dove Facility – Fiber Optic Improvements - Approve bid award of a ITB No. #21-B-045, Mourning Dove Fiber Optics Install to Modern Media Communications of Melbourne, FL in the amount of $24,906.12 and authorize the City Manager to execute the contract as approved by City Attorney and City staff.

 

F. Continuing Consultant Contract Award for Stormwater Continuing Consultant A&E Services - Approve, subject to the resolution of the contract terms by the City Attorney and City Manager, the award of contract to the top three ranked firms, Infrastructure Solution Services of Melbourne, Florida; CPH, Inc. of Orlando; Florida and Geosyntec of Titusville, Florida to provide Continuing Engineering Consultants for Stormwater A&E Services for a three (3) year initial term with two (2) optional one (1) year extensions; and authorize the Mayor to execute the contracts.

 

G. American Rescue Plan Act – Independent Review/Compliance Audit Contract - Award contract to "piggyback" from State of Florida, Department of Management Services contract #80101500-20-1, Management Consulting Services to Government Services Group of Tallahassee, Florida in the amount of $41,430 to conduct Independent Compliance Auditing, reporting and verification of the use of ARPA funds allocated to the City of Titusville. Also, approve attached budget amendment.

 

H. Agreement with GIS Inc. to Provide Professional Services for Geographical Information Services - Approve the agreement for a GIS Support Block from GIS Inc. based upon federal GSA Contract Schedule 70 GS-35F-0682R for up to, but not to exceed, $25,000. Authorize the Mayor or City Manager to execute the agreement.

 

I. Osprey Nutrient Removal Project - Change Order #2 to Contract #CN20-B-044 with Wharton Smith, Inc. for Unforeseen Debris Impacts related to BNR structure - Approve Change Order #2 in the amount of $287,440.15 to Contract #CN20-B-044 with Wharton Smith, Inc. for the Osprey Water Reclamation Facility Nutrient Removal Upgrade Project to include the payment of the unforeseen debris encountered in the area of the biological nutrient removal structure, extend the contract time by 38 days, and authorize the Mayor to execute the change order.

 

J. Landscape Gateway and Signage Work Order #2 - Approve Work Order #2 (KHLAWR002) to Kimley-Horn and Associates, Inc in the amount of $29,959.84 for the final design/permitting of selected gateway locations, addition of two gateway concepts, gateway signage concept designs and presentations to City Council.

 

9. ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

A. Resolution No. 28-2021 - Certifying the Rate and Annual Stormwater Utility Assessment Roll - Approve Resolution No. 28-2021 confirming and certifying the rate and annual stormwater utility assessment roll for the municipal fiscal year beginning October 1, 2021 and forwarding the same to the Tax Collector's Office for collection, utilizing the uniform method of collecting non-ad valorem special assessments levied within the incorporated area of the City.

 

B. Resolution No. 29-2021 State Revolving Fund Resolution for the Wastewater Facilities Plan - Approve Resolution No. 29-2021 related to the Florida Department of Environmental Protection (FDEP) State Revolving Fund (SRF); adopting the Wastewater Facilities Plan dated July 2021 for the replacement of various force mains, master pump station improvements, inflow/infiltration mitigation improvements, Lime Street Lift Station improvements, and other improvements to the wastewater system; and providing for an effective date.

 

C. Comprehensive Plan Amendment (CPA) 2-2021 Property Rights Element - Conduct a public hearing and transmit CPA 2-2021 to the State's Land Planning Agency (LPA) for add a Property Rights Element including Goals Objectives and Policies relating to property rights into the Comprehensive Plan; providing for severability and providing for an effective date.

 

The Planning and Zoning Commission acting as the Local Planning Agency considered this amendment during their meeting on August 18, 2021 and recommended approval, 6-0.

 

D. Ordinance No. 21-2021 - Community Gardens - Conduct the second public hearing of 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 for severability; repeal of conflicting ordinances; incorporation into the code; and an effective date.

 

The Planning and Zoning Commission considered this ordinance at their August 4, 2021 meeting and unanimously (7:0) recommended approval with an amendment to remove the screening requirements.

 

E. Ordinance No. 20-2021 - Tree Protection - Conduct the second reading and public hearing of 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 Titusville Environmental Commission and the Planning and Zoning Commission have recommended tree protection ordinances which are included as a part of this agenda item.

 

At the regular Planning and Zoning Commission meeting on August 18, 2021, A motion was made to recommend to City Council that the Planning and Zoning Commission recommends the Planning and Zoning version of the tree protection ordinance, and if the P&Z version is not approved by City Council, P&Z recommends approving the staff version that is being presented to City Council.

 

Motion was approved with a 5 yes, 1 no vote. Member Rice voted no.

 

10. ORDINANCES-FIRST READING

 

11. OLD BUSINESS

 

12. NEW BUSINESS

 

A. Approval and Authorization of FDEP Short Form Consent Order No. 21-0545 - Authorize Sean Stauffer, Water Resources Director, to enter into, and accept the terms of short form Consent Order No. 21-0545 on behalf of the City of Titusville upon final negotiation of terms and conditions by the City Attorney. Authorize the expenditure of $34,500 to fund the In-Kind project and approve the award of contract to EA Tapping Services LLC, of Apopka, FL in the amount of $34,500 for the purchase and installation of two 12-inch insertion valves. Authorize the City Manager to execute Appendix B of the Consent Order and authorize the contract with EA Tapping Services.

 

13. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS)

 

14. MAYOR AND COUNCIL REPORTS

 

A. Mayor's Report - The Mayor's Report is included in the agenda packet.

 

B. Council Reports

City Council Members will provide their individual reports.

 

15. CITY MANAGER’S REPORT

 

A. City Manager's Report - The City Manager's Report is included in the agenda packet.

 

16. CITY ATTORNEY’S REPORT