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

City Council

Regular Meeting

August 24, 2021

 

The City of Titusville City Council met in regular session on Tuesday, August 24, 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, 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 

 

Motion:

Vice-Mayor Nelson moved to approve the minutes of the regular City Council meeting on July 27, 2021 (6:30 p.m.), as submitted. Member Jordan seconded the motion and it carried unanimously.


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SPECIAL RECOGNITIONS & PRESENTATIONS – None. 

 

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BOARDS AND COMMISSIONS

 

North Brevard Commission on Parks and Recreation – The request was to appoint two regular members to the North Brevard Commission on Parks and Recreation with terms to expire on August 31, 2023. The terms of regular members Bianca Alaimo and Nitin "Sunny" Aggarwal were due to expire on August 31, 2021. Member Alaimo expressed her desire to continue serving on this board as a City Council appointee: however, Regular Member Aggarwal did not wish to seek reappointment at this time. It was also noted that Mr. Erron Fayson withdrew his request to serve on the North Brevard Commission on Parks and Recreation. 

 

Motion:

Vice-Mayor Nelson moved to reappoint Bianca Alaimo as a regular member to the North Brevard Commission on Parks and Recreation, with a term to expire on August 31, 2023. Member Jordan 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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Titusville Environmental Commission - The request was to appoint one alternate member to the Titusville Environmental Commission with an unexpired term to expire on November 30, 2023.
Three applications were on file for Council’s consideration, from Mr. Robert Johnston (Resident), Mr. Jonathan Van Zyll De Jong (Resident), and Ms. Yvette Flis (Resident). 

 

Yvette Flis spoke on behalf of her application. She also advised that she was an environmental chemist. 

 

Stan Johnston spoke on behalf of his application and distributed information. He advised that he was an engineer. He commented off-topic on personal concerns. He also supported Ms. Flis’ application. 

 

Motion:

Vice-Mayor Nelson moved to appoint Yvonne Flis as an alternate member to the Titusville Environmental Commission, with an unexpired term to expire on November 30, 2023. Member Jordan 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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The Planning and Zoning Commission Semi-Annual Report – The Planning and Zoning Commission's semi-annual written report was included in the agenda packet. No action was required.


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Planning and Zoning Commission - The request was to 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.

 

 

Motion:

Vice-Mayor Nelson moved to accept the resignation of Regular Member Dwight Severs of the Planning and Zoning Commission, with an unexpired term to expire on January 31, 2023, with regret. Member Robinson seconded the motion for discussion.

 

Member Robinson expressed his appreciation and respect for Mr. Severs, as did other Council.

 

Stan Johnston submitted a public speaking card. He supported the request and commented on Mr. Severs’ resignation letter.

 

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

 

Stan Johnston commented on his perception and belief that fraud was occurring in the City. 

 

Douglas DiAngelo expressed support of a potential applicant to fill the vacancy of the North Brevard Commission on Parks and Recreation. City Manager Larese advised Mr. DiAngelo that he should contact the City Clerk’s Office to receive more information on board applications and Council appointment procedures. 

 

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CONSENT AGENDA

 

Member Robinson expressed concern on Consent Agenda Item 8 J or generally on the concept of awarding bids to the lowest bidder, only to later encounter change order requests. Member Stoeckel supported this concept and having a separate and general discussion on the bid award process (the indication was to have this discussion under Council Reports – Agenda Item 14 B). 

 

 

Member Stoeckel confirmed that staff received enough prior direction from the Council on Consent Item 8 J. 

 

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

 

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 an 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.

A revised contract was provided to the Council for Consent Agenda Item 8 G - American Rescue Plan Act – Independent Review/Compliance Audit Contract.

 

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.

 

Nathan Slusher submitted a public speaking card on Consent Agenda Item 8 J. He did not support the cost associated with the agenda item, due to he felt that landscape improvements at the gateway entrances could be completed at reduced costs. 

 

Per Mayor Diesel’s request, Public Works Director Kevin Cook responded to Mr. Slusher’s comments and reviewed information on the Florida Department of Transportation (FDOT) and the FDOT’s design and permitting requirements. He also discussed keeping costs low for items like lighting, the consultants returning with information to be provided to the Council for additional consideration, etc.

 

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

 

 

Motion:

Jordan moved to approve Consent Agenda Items A through J, including as revised for Item 8 G, and in accordance with recommendations. 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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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Resolution No. 28-2021 - Certifying the Rate and Annual Stormwater Utility Assessment Roll – A revised copy of Resolution No. 28-2021 was distributed by staff. City Manager Larese highlighted the information provided in the agenda packet. The request was to approve the revised copy of 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.

 

Mayor Diesel opened the public hearing. Due to there were no persons that wished to speak, the public hearing was closed. 

 

Motion:

Member Jordan moved to approve Resolution No. 28-2021, as revised and recommended. 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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Resolution No. 29-2021 State Revolving Fund Resolution for the Wastewater Facilities Plan - City Manager Larese highlighted the information provided in the agenda packet. The request was to 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. This plan was distributed to the Council as an attachment to the agenda packet.

 

Jennifer Lyons with AECOM, engineering consultants gave a presentation on the State Revolving Fund Loan that reviewed information on the presentation’s purpose, background, project description, Capital Financing Plan, and receiving public input. 

 

Vice-Mayor Nelson and Water Resources Director Sean Stauffer discussed Vice-Mayor Nelson’s questions related to when the debt payments or debt service would begin in relationship to when the infrastructure’s completion occurred, the continuation of old debt or an existing bond from 1995, multi-year projects and funding, etc.

 

Mayor Diesel opened the public hearing. 

 

Stan Johnston reviewed why he was against the proposed action.

 

No additional persons wished to speak; therefore, the public hearing was closed. 

 

Motion:

Member Jordan moved to approve Resolution No. 29-2021 State Revolving Fund Resolution for the Wastewater Facilities Plan, 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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Comprehensive Plan Amendment (CPA) No. 2-2021 Property Rights Element - City Manager Larese highlighted the information provided in the agenda packet. The request was to conduct a public hearing and transmit CPA No. 2-2021 to the State's Land Planning Agency (LPA), for the purpose of adding a Property Rights Element, including Goals, Objectives, and Policies relating to property rights into the Comprehensive Plan. He advised that the Planning and Zoning Commission acting as the Local Planning Agency considered this amendment on August 18, 2021 and recommended approval, 6-0.

 

Mayor Diesel opened the public hearing. 

 

Stan Johnston reviewed why he was against the proposed action.

 

No additional persons wished to speak; therefore, the public hearing was closed. 

 

Motion:

Vice-Mayor Nelson moved to approve transmitting Comprehensive Plan Amendment (CPA) No. 2-2021 to the State's Land Planning Agency (LPA), for the purpose of adding a Property Rights Element, including Goals, Objectives, and Policies relating to property rights into the Comprehensive Plan, as recommended by staff and the Planning and Zoning Commission. Member Jordan 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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Ordinance No. 21-2021 - Community Gardens – City Attorney Broome read Ordinance No. 21-2021 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, 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, for the second time, by title only. 

 

City Manager Larese highlighted the information provided in the agenda packet. He advised that the Planning and Zoning Commission considered this ordinance on August 4, 2021 and unanimously voted (7:0) and recommended approval, with an amendment to remove the screening requirements.

 

Per Mayor Diesel’s request, Community Development Director Peggy Busacca reviewed the history and reason for the proposed ordinance and other information. 

 

Council discussion ensued on the positive purpose of the proposed ordinance, screening and setback requirements, the reason for the Planning and Zoning Commissions’ recommendation on appearances related to screening, limitations, irrigation, views from arterial roadways, current fence requirements, types of screening that were permissible or that could be created by the Council (like vegetation), but being careful with these concepts, like if a sunflower stalk planted every few feet was made a screening requirement option, this could also mean a small or baby sunflower plant was used to fulfil the requirement), etc. It was noted in most instances, raised wooden garden beds or boxes would be used with blocks to support them. 

 

Mayor Diesel opened the public hearing. 

 

Lisa Mosier spoke in favor of the proposed ordinance and her desire to allow the community to be able to see the garden from the road, without having a fence.

 

Stan Johnston reviewed why he was neutral on the proposed ordinance, including that gardens were important to communities.

 

No additional persons wished to speak; therefore, the public hearing was closed. 

 

Motion:

Member Jordan moved to approve Ordinance No. 21-2021 with an amendment to remove the screening requirements, as recommended by the Planning and Zoning Commission. 

 

Council briefly discussed that a fence or screening could be installed at a future time if the appearance of a community garden(s) became unsightly. 

 

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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Ordinance No. 20-2021 - Tree Protection - City Attorney Broome read Ordinance No. 20-2021 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, 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, for the second time by title only.

 

City Manager Larese highlighted the information provided in the agenda packet. The request was to conduct the second reading and public hearing of Ordinance No. 20-2021. He advised that the Titusville Environmental Commission and the Planning and Zoning Commission recommended and provided proposed or draft tree protection ordinances, which were provided in the Council agenda packet. 

 

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 recommended the Planning and Zoning (P&Z) version of the tree protection ordinance, and if the P&Z version was not approved by the City Council, the P&Z recommended approving the staff version that was also being presented to the City Council. The P&Z motion was approved with a 5 yes, 1 no vote. P&Z Member Rice voted no.

 

Member Robinson advised that writing an ordinance that would please everyone was difficult. He felt the existing or the proposed ordinance language was ambiguous, which he did not like. Items that were important to him included tree canopy, location, assisting developers and making regulations clear for them and what they could do, like preserving heritage trees, allowing the “bunching-up” of trees on a specific area(s) of development sites, identifying the age of heritage trees and making evaluations on this information, having a tree in the middle of a proposed building site would not work, counting trees or giving credit to trees located on their own island, revising the proposed ordinance language to be specific and not ambiguous, etc. 

 

Vice-Mayor Nelson commented on items that were important to her, including tree canopy and shade to create cooler temperatures, preserving large heritage trees for their aesthetic value, being objective when discussing or clarifying the size of heritage trees, decreasing the amount of fresh water going into the lagoon by having trees soak up stormwater, agreement with some areas of proposed ordinance language was not as clear as it could be, Mr. Bruce Moia’s letter  had some good ideas, etc. Vice-Mayor Nelson also commented on Brevard County’s regulations that seemed stricter. 

 

Member Jordan supported Member Robinson’s suggestion to continue working on drafting a new ordinance and the sentiment that it would be difficult to please everyone. He also felt that decisions on these matters should be pushed back a little while, to allow ample time for all Council to address “what they wanted”. Some of the things he wanted was for everyone to get along, property owners or developers to get the best return on investment (ROI), having trees, but not being too inflexible that it would prevent development from happening, his desire to remove commercial and industrial areas from the requirements, having a simple and concise ordinance that was easy to understand and that did not cost property owners a great deal of money to address tree requirements, etc.  Looking over the draft ordinance options, Member Jordan did not feel the Council was ready to make a decision at this meeting. 

 

Mayor Diesel commented on the history of when the current or recent Council began discussing these matters. The idea was to achieve some quick-win successes, but this idea had become difficult. These matters would never be considered perfect by all stakeholders. The debate and analysis-paralysis discussions would prevent anything from moving forward. Compromise was a great concept most wanted, until someone or some group did not get their own way. Balance needed to be achieved amongst stakeholders, the environment, jobs, etc. Everyone was trying to do the right thing. Mayor Diesel summarized in short, the present regulations were not perfect. He gave an example that there was no definition for a protected tree. 

 

Member Stoeckel did not feel the Council was ready to approve the ordinance at this meeting. She reviewed options, like leaving the Code as-is, adopting the proposed ordinance(s), or if there were desired changes, identify them. She recognized that significant time and work had been put-in by many individuals, advisory boards, and others thus far. 

 

Mayor Diesel opened the public hearing. 

 

Yvette Flis expressed concern on warmer temperatures in-part caused by the reduction or bull dozing of trees and how regulations were important to offset future unintended consequences. 

 

Kevin Riley supported the proposed ordinance drafted by City staff.

 

Jane W. Speidel commented on these complicated matters being initiated two years ago. She supported the proposed ordinance drafted by City staff.

 

Toni Shifalo commented on the important role that trees played by absorbing rain, which reduced the volume of stormwater runoff and harmful nutrients that flowed into the lagoon, which also killed seagrass, manatees, etc. 

 

Laurilee Thompson commented on how the lagoon supported healthy fish populations, dolphins, sea grasses, etc.; however, the lagoon was now severely damaged after decades of stormwater runoff that carried harmful nutrients into the lagoon. Trees were important in their role of soaking up the rain that would otherwise flow into the lagoon as stormwater runoff. Staff’s proposed ordinance was a balance between the tree team and developers. She felt that staff’s proposed ordinance would not kill development, but a lifeless lagoon would kill development and other aspects of a thriving community. 

 

Thomas Perez felt that leaders should make the lagoon a higher priority than development. He also felt there was still a profit to be made with responsible development.

 

Kathleen Perez commented on how the public perceived the City, with headlines of dying sea grass and manatees that were negatively impacted by the poor health of the lagoon. She requested Council approve staff’s version of the proposed ordinance.   

 

Pierre Gravelat commented that no law was perfect, but it was a step toward protecting the environment. The creation of jobs should be the last of the City’s priorities. Instead, he desired prioritizing the environment to offset constant reactions to negative environmental impacts. To this, Mr. Grevelat supported staff’s version of the proposed ordinance. 

 

Dara K. Yarosh commented on seeing a dead manatee at Sand Point Park two months ago. She supported staff’s version of the proposed ordinance. 

 

Nathan Slusher expressed appreciation to all persons that worked on the proposed ordinances. He commented on clear-cutting trees, problem with legal definitions and legislation, controlling behavior(s), future Councils having to readdress these kinds of issues every couple of years based on the legislation not being clear, etc.   

 

Kim Rezanka distributed information. She felt the proposed legislation was not necessary, due to many developers preserved trees under the current ordinance, which involved landscape architects, tree surveys, etc. 

 

Motion:

Member Jordan moved to give Ms. Rezanka one additional minute to speak. Vice-Mayor Nelson seconded the motion and it carried unanimously. 

 

Ms. Rezanka further commented on several development projects, remaining vacant land in the City, the proposed legislation would increase development costs and home buyer costs, tree canopy should be decided by buyers and sellers, the proposed legislation was excessive and too strict, concern for unintended consequences if approved, etc. 

 

Tim McWilliams, a developer, loved manatees, trees, and he had served on varying environmental or habitat boards. He discussed one of his prior projects in the City that preserved thirty percent of the trees. He commented on areas where trees were removed for future homes. The trees removed in these areas were replaced with fill dirt to construct stormwater management infrastructure that would not prohibit stormwater runoff from reaching the lagoon. Mr. McWilliams further felt increased costs on developers would be passed on to home buyers  and properties with big trees added value to projects; however, he preferred adding or replacing trees during projects at the proper elevation for proper growth. He also felt Melbourne’s regulations were good.  

 

Rodney M. Honeycutt was opposed to any more restrictive regulations on trees in the commercial or industrial areas and individual lot owners having to get a permit. He would support regulation maintaining trees planted in big box store parking lots that were not always maintained. In general, he was opposed to the proposed ordinance(s), as he believed it was more restrictive and costly. 

 

Bruce Moia, the chairperson for the Space Coast Home Builders Association, referenced a letter that he wrote in July 2021. He advised that he and the Association opposed any changes to the City’s current ordinance. If any version of the proposed ordinances were supported, it was staff’s version, but with conditions. He also advised that Melbourne had the easiest regulations. 

 

Mr. Moia further felt that current developments that were built 50-40-30 years ago had caused and continued to negatively impact the lagoon’s poor condition with their stormwater runoff. Newer developments were required to develop under different regulations (the indication was stricter regulations) than old development projects, yet new developments were being scrutinized or penalized. 

 

Vice-Mayor Nelson reviewed some of the conditions that Mr. Moia referenced. The concepts concerned hardwood trees, impervious surfaces, tree canopy calculations, diseased heritage trees being removed and the process involved in these actions, mitigation policy language regarding credits, etc.

 

Dwight Severs distributed information. He requested that Council approve the ordinance recommended by the Planning and Zoning Commission, but if this was not favorable, he subsequently supported staff’s proposed ordinance. Mr. Severs further reviewed technical information on trees in wetlands, calculations, pictures of prior trees at a specific project site, vegetation, the City’s aquifer was unique, water supply required having vegetation present, etc. 

 

Motion:

Member Jordan moved to give Mr. Severs one additional minute to speak. Vice-Mayor Nelson seconded the motion and it carried unanimously. 

 

Mr. Severs continued and commented on protecting vegetation in the Area of Critical Concern, for its relationship with the lagoon and the cost of water. His concerns also included losing water, greed, and protecting environmental resources. 

 

Mary Sphar distributed information. She was affiliated with the Sierra Club. She acknowledged that some on the Council were probably ready to make a decision on these matters. Ms. Sphar liked staff’s draft of the ordinance, but felt that small adjustments to the ordinance’s language were needed, which she highlighted from the information that she distributed. 

 

Stan Johnston commented on his perception and belief that fraud was occurring in the City.

 

Rita Pritchett, Brevard County Commissioner District 1 Representative, commended and extended appreciation to City staff. She commented on various funding sources for lagoon improvement projects, developers were good and did not want to do harm, being competitive with other cities and their regulations, and her recommendation to complete an economic study on the proposed ordinance(s), if it were approved and its economic effects on the local economy.  

 

Commissioner Pritchett requested Council take more time to consider these matters. She added there were more parks in North Brevard than anywhere else in the County. She commented on conservation and as a second recommendation, she recommended the City hold a builder round-table discussion to learn what issues irritated builders on developing in Titusville, etc. 

 

Robin Fisher felt the Code could be difficult for persons to meet if they needed to rebuild their home following a disaster like a hurricane. He also commented on a concept discussed during the public hearing that it may be time to take action in some form or “call the play” (sports terminology). He briefly reviewed the advisory board recommendations. Concerning taking action, he recommended “punting the ball and huddling back-up” to address these matters in some scope or effort, but also as to not hurt developers. 

 

In addition, Mr. Fisher expressed empathy on the issue of Council being routinely criticized and defamed by a particular citizen that attended Council meetings. He advised that he knew each of the Council and they were honorable and ethical individuals.  

 

Kay St. Onge, representing the Titusville Tree Team, read from a prepared statement that reviewed the work put in by many to date, the current estimates on acreage being developed, permitting, issues that she felt were moving slowly, to which she felt would cause further harm to the lagoon and a downward economy, if trees and the lagoon were not prioritized above all else. On the other hand, if the Council approved staff’s version of the proposed ordinance, this would move the City in a more favorable direction to preserve trees, etc. 

 

Information from Eric Hoppenbrouwer was distributed to the Council. 

 

No additional persons wished to speak; therefore, the public hearing was closed. 

 

Council discussion ensued. 

 

Member Jordan thought the current regulations were complicated, but there were some components of the current regulations that were good and could be tweaked by staff. He heard many say they supported staff’s draft of the proposed ordinance. He also commented on how existing development contributed to the problems with the lagoon’s health. Moving forward, new technologies were used to safeguard the environment. On trees, he loved them. He supported the punting football analogy. He also felt property owners should be allowed to burn on their property. Member Jordan also liked some of Mary Sphar’s recommendations, etc. In short, he desired simple and concise regulations. 

 

Mayor Diesel commented on seeing all sides and finding compromise was difficult. He also felt developers did a good job and the community was likely closer to a compromise than they thought. He did not agree the City or collective of stakeholders should start over on these matters, nor should Council delay these issues.  

 

Vice-Mayor Nelson desired incorporating some of Mary Sphar’s and Bruce Moia’s ideas and simplifying the ordinance. Trees were aesthetically pleasing and they were an asset to the community. She did not want to stop development whatsoever. She also wanted to protect the environment and have a balance. Additionally, Vice-Mayor Nelson did not support allowing burning tree stumps and like materials on properties. She also requested staff review the landscaping Code related to box stores and residential homes.   

 

Discussion ensued with Community Development Director Busacca on requirements in commercial and industrial areas, the County’s requirements, future considerations for these areas, offering potential options to developers, buffers used for aesthetics or noise purposes and potentially using buffers more often, etc. 

 

Member Robinson felt the ordinance needed to have a living element to it, which persons like an administrator would need to assist to ensure the intent of the ordinance. He desired cleaning-up the ordinance, installing some of the recommendations, and moving forward. 

 

Member Stoeckel asked staff what they needed to move forward. Community Development Director Busacca responded by asking specific questions of the Council:

 

  1. Does Council want canopy requirements for residential? YES---indicating a consensus or a majority consensus. 

1A. With incentives, including that developers would not need to do as much mitigation (Stoeckel)?  YES. 

  1. Does Council want canopy requirements for commercial and industrial? NO (without canopy there were no incentives for commercial or industrial)
  2. Community Development Director Busacca advised that they would basically be looking at the landscape ordinances as it stood for industrial and commercial. YES. 
  3. Does Council like waivers? YES.
  4. Keep grandfathering---everything grandfathered (Stoeckel)? YES.
  5. Preserving heritage trees (Nelson)? YES. 

6A. If preserving heritage trees impeded development on sites where “they” could not

develop, then seek staff assistance or send these issues to the Development Review Committee. YES.

6B. Appeals to City Council? NO.  (Only for City building or public purpose matters should 

            those types of appeals go to City Council---a procedure in the City Code)

6C. Appeals to the Board of Adjustment and Appeals? YES

  1. Burning allowed? YES (4 yes to 1 no; Vice-Mayor Nelson did not support). 

 

Member Jordan and staff discussed tree canopy rules or calculations, concepts that the Council may and may not want when considering amending the requirements, tree canopy calculation methodologies were not a perfect science, these matters may also involve negotiation and discussions during development projects, etc. 

 

Concerning determining or identifying tree canopy, staff gave an example that instead of drawing a circle or boundary line around a specific area where there were trees or a tree, the area or criteria might include trees that were within a vicinity---rough thinking of what may be included in amending the ordinance.  

 

  1. Vice-Mayor Nelson discussed whether the City could encourage planting trees in the required landscape areas of commercial and industrial areas, to which staff discussed the current requirement on trees, but that also staff interpreted the Council indicated they wanted flexibility or mitigation in this area, and not exactly require tree canopies in the commercial and industrial areas. YES. (Flexibility desired).

 

  1. A current mechanism that was working in staff procedures, but was not in the Code was the Administrator had interpreted the survey requirements allowed for sampling, which worked well for large sites that a great number of trees. Did Council support sampling? YES. 

 

  1. There were additional waivers staff interpreted; the Council were agreeable with these. 

 

Member Jordan and staff discussed that when no tree canopy was on site and mitigation was necessary, staff interpreted at this meeting that the Council desired flexibility in this area. 

 

  1. Mandatory preservation was basically for heritage trees and the Council could return later and work on size requirements of heritage trees.

 

Community Development Director Busacca advised that she had the items and information that Council wanted. She would report back to the Council at the regular City Council meeting of September 28, 2021 at 6:30 p.m.  Member Stoeckel confirmed that staff also had the recommendations made by Mary Sphar and Bruce Moia. 

 

Mayor Diesel and Community Development Director Busacca discussed that based on what Council wanted, re-advertising the tree ordinance should not be necessary; however, staff advised the landscape ordinance would have to be reviewed and advertised separately. Staff would also revise the proposed ordinance based on the Council’s discussion at this meeting.  

 

Motion:

Vice-Mayor Nelson moved to table Ordinance No. 20-2021 – Tree Protection to the regular City Council meeting on September 28, 2021 at 6:30 p.m.  Member Jordan 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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At 10:08 p.m., Mayor Diesel called for a recess. The meeting resumed at 10:15 p.m.

 

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ORDINANCES-FIRST READING – None. 

 

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OLD BUSINESS – None. 

 

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NEW BUSINESS

 

Approval and Authorization of Florida Department of Environmental Protection (FDEP) Short Form Consent Order No. 21-0545 – City Manager Larese highlighted the request as provided in the agenda packet. The request was to 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. The request also included authorizing 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. Additionally, the request included authorizing the City Manager to execute Appendix B of the Consent Order and authorize the contract with EA Tapping Services.

 

Water Resources Director Sean Stauffer gave a presentation that reviewed the following information:

 

  • An unauthorized discharge of untreated wastewater along State Road 50 or Cheney Highway on April 27, 2021 (Florida Power and Light (FPL) contractor involved in cause. No surface waters affected in the area)
  • An unauthorized discharge of untreated wastewater along State Road 405 or Columbia Boulevard on April 29, 2021 (1960s original force main failure. No surface waters affected in the area)
  • Penalties and costs
  • In-kind project and costs – improving the system rather than paying regulatory penalty costs
  • Estimated costs
  • Recommended actions

 

Discussion ensued on the Wastewater Facilities Plan that identified replacement of aging infrastructure, like the aforementioned 1960s force main. There was funding over the next 5-years to make improvements.   Infrastructure was expensive. Being reimbursed by the entity that caused the unauthorized discharge at State Road 50 for the City’s repair or replacement costs, as well as the penalty costs, was also discussed. 

 

It was 10:30 p.m. 

 

Motion:

Member Jordan moved to extend the meeting to 10:45 p.m. Member Stoeckel seconded the motion and it carried unanimously.

 

Discussion continued on:

 

  • Florida Power and Light’s (FPL) procedures to research or survey underground utilities prior to digging holes for electric poles and staff reviewing information with the FPL contractor to mitigate causing future damage
  • Communication system to learn about a problem
  • Ongoing construction in the area of the break on Cheney Highway
  • Software or technology was not available to detect these types of breaks
  • Smell or visual observations made by individuals was the present detection and reporting system when there was an unauthorized discharge of untreated wastewater

 

Stan Johnston submitted a public speaking card. He commented on his concerns for fraud on a sewer spill that occurred in December 2020, subsequent concerns following the spill, and a consent order related to this occurrence.  

 

Motion:

Member Jordan moved to approve and authorize the Florida Department of Environmental Protection (FDEP) Short Form Consent Order No. 21-0545, including authorizing 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, as recommended. Member Stoeckel 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

 

Motion

Member Jordan moved to 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. The motion also included authorizing the City Manager to execute Appendix B of the Consent Order and authorize the contract with EA Tapping Services, 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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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) – None. 

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MAYOR AND COUNCIL REPORTS

 

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

 

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Council Reports - Member Stoeckel asked the Council if they were interested in having more discussion on awarding bids to the lowest bidder, with a concern that additional change order requests may be requested. Discussion ensued on the current procedure only considered qualified bids. A specific scenario was also discussed concerning a contractor that could not have foreseen buried construction debris on a project site. 

 

Additional discussion ensued on contract terms, price escalator contract terms, the recent renovations of the City Hall restrooms, the contractor’s difficulty receiving supplies and materials to complete the job, installers were removed, and whether there was room for improvement in the bid process.    

xxx

 

It was 10:45 p.m.

 

Motion:

Member Jordan moved to extend the Council meeting until 10:45 p.m. Vice-Mayor Nelson seconded the motion and it carried unanimously. 

 

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CITY MANAGER’S REPORT

 

City Manager's Report – City Manager Larese submitted his written report. All items were informational only, as followed:

 

  • 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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CITY ATTORNEY’S REPORT

 

City Attorney Broome requested Council’s consideration of issues that individuals were encountering with the current Code Enforcement Lien Amnesty Program. 

 

 

Motion:

Member Jordan moved authorized staff to prepare an amendment to Resolution No. 13-2021 – Code Enforcement Lien Amnesty Program to allow 120 days versus 60 days to pay the total reduced lien amount and administrative fine from the date of approval.   Vice-Mayor Nelson seconded the motion and it carried unanimously. 

 

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With no further business to discuss, the meeting adjourned at 10:50 p.m.