Regular City Council - September 14, 2021

City Council

Regular Meeting

September 14, 2021

 

The City of Titusville City Council met in regular session on Tuesday, September 14, 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 Joe C. Robinson and Dr. Sarah Stoeckel. City Council Member Robert L.  Jordan arrived late for the meeting. 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: Vice-Mayor Nelson moved to approve the minutes of the regular City Council meetings on August 10, 2021, August 24, 2021 (5:30 p.m.) and special City Council meeting on August 11, 2021, as submitted. Member Stoeckel seconded the motion and the roll call vote was:

 

Member Robinson                  Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

 

The motion carried unanimously. 

 

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SPECIAL RECOGNITIONS & PRESENTATIONS – None.

 

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City Manager Larese advised that staff requested council consider the approval of final plat and acceptance of covenants, easement and performance bonds for Tranquility (F/K/A Antigua Bay) Planned Development - Phase I at this point in the meeting.

 

 

Motion: Vice-Mayor Nelson moved to consider the approval of final plat and acceptance of covenants, easement and performance bonds for Tranquility (F/K/A Antigua Bay) Planned Development - Phase I at this point in the meeting. Member Stoeckel seconded the motion.  The motion carried unanimously.

 

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Approval of Final Plat and Acceptance of Covenants, Easement and Performance Bonds for Tranquility (F/K/A Antigua Bay) Planned Development - Phase I – City Manager Larese advised the request was to approve the Final Plat, and covenants for Tranquility Planned Development - Phase I, and accept performance bonds for completion of required infrastructure, sidewalks, and the nature walking trail on Parcel 11A, and required utility easement. (This agenda item was quasi-judicial.)

 

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.

 

City Manager Larese explained that Tranquility Planned Development. - Phase I was a 99 unit single-family subdivision located west of the Indian River Lagoon and north of NASA Causeway (SR 405), which was part of the larger Tranquility mixed-use development.

 

On October 24, 2019, City Council approved Development Agreement No. 1-2015 and Master Plan for Antigua Bay (now known as Tranquility). The sketch plat for Phase I was approved by City Council on November 13, 2018 with conditions as described on the information sheet in the agenda packet. On July 27, 2021, City Council approved the First Amendment to the Development Agreement.

 

On July 23, 2019, the City Council approved bonding of all improvements for Phase I and required a performance bond as surety, with notes on the plat and additional document to be provided, to notify prospective property owners that the plat was approved without completion of infrastructure and that home construction can not commence until required infrastructure was in place.

 

Community Development Director Peggy Busacca reviewed the staff report with council and stated that staff recommended approval.

 

The public hearing was opened.

 

The applicant Gary Allen Jr. stated that they were excited about this project and were ready to move forward with the development.

 

Mayor Diesel asked Mr. Allen what would happen next with the project after approval and what the time frame was for the development. Mr. Allen stated that the first piece of equipment was dropped off at the development site last Friday and that they would start moving dirt as soon as possible. He stated that 12 months was the time frame for the infrastructure.

 

Mayor Diesel asked when people would be able to start purchasing homes or property for this project. Mr. Allen stated that property could be bought when the plat was recorded prior to the infrastructure being completed.

 

Vice-Mayor Nelson asked if they were taking deposits on property now. Mr. Allen stated that they had deposits on all 99 properties.

 

Member Robinson asked Mr. Allen about the contractors working on the homes. Mr. Allen stated that there were five approved builder contractors that knew the architectural guidelines in the community that could be used by the property owners.

 

Member Stoeckel confirmed with Mr. Allen that the land could be purchased and the construction of the infrastructure would start after plat approval. Mr. Allen confirmed that this was correct after the final plat approval.

 

Stan Johnston distributed a handout regarding the sewage leak in Titusville and the health of the Indian River Lagoon.

 

No one else wished to speak; therefore, the public hearing was closed.

 

Motion: Vice-Mayor Nelson moved to approve the Final Plat, and covenants for Tranquility Planned Development - Phase I, and covenants for the master association and accept performance bonds for completion of required infrastructure, sidewalks, and the nature walking trail on Parcel 11A, and required utility easement, as recommended. Member Stoeckel seconded the motion and the roll call vote was:

 

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

 

The motion carried unanimously.

 

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BOARDS AND COMMISSIONS –

 

Affordable Housing Advisory Committee (AHAC) Appointment – The request was to confirm Planning and Zoning Commission Regular Member Joseph Richardson, to the Affordable Housing Advisory Committee to fill the vacant classification of Liaison.

 

At their September 18, 2021 meeting, the Planning & Zoning Commission appointed Regular Member Richardson to serve as the board liaison to fill the vacant position.

 

Staff was seeking Council's confirmation of Planning and Zoning Commission Regular Member Richardson's to serve as the Liaison on the Affordable Housing Advisory Committee. Recent changes to the SHIP Rule no longer required confirmation via an adopted resolution; however, City Attorney Broome advised the City codes required a resolution and it was distributed. Terms would renew automatically for the appointment member unless a resignation was received and approved, or the member no longer meets the qualification criteria.

 

Motion: Vice-Mayor Nelson moved to approve the confirmation of Planning and Zoning Commission regular member Joseph Richardson to the Affordable Housing Advisory Committee to fill the vacant classification of Liaison and approve related Resolution No. 33-2021. Member Stoeckel seconded the motion and the roll call vote was:

 

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Mayor Diesel                          Yes

 

The motion carried unanimously.

 

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Planning and Zoning Commission – The request was to appoint one (1) regular member to the Planning and Zoning Commission with an unexpired term to expire on January 31, 2023. If an alternate member was appointed as a regular member, appoint one (1) alternate member to the Planning and Zoning Commission with an unexpired term to expire on January 31, 2022 or January 31, 2023.

 

There were five (5) applications on file for consideration. Mr. Erron Fayson, Mr. Jonathan Van Zyll De Jong, Mr. Christopher Childs (alternate member), Mr. Stan Johnston, and Ms. Catherine Riley (alternate member) and they have all expressed their willingness and desire to serve on the Planning and Zoning Commission as a regular member with an unexpired term to expire on January 31, 2023.

 

If Alternate Members Catherine Riley and Christopher Childs are not appointed as a regular member, they would like to continue to serve as alternate members. Alternate Member Catherine Riley’s current term as an alternate member expires on January 31, 2022 and Alternate Member Christopher Child’s current term as an alternate member expires on January 31, 2023. If one of the alternate members was appointed as a regular member, Council may appoint one of the new applicants as an alternate member.

 

Alternate Member Catherine Riley stated that serving on the Planning and Zoning Commission was a lot of work, but something she was used to doing in the past. Ms. Riley discussed some of her experiences as an attorney including grant writing, serving as an attorney for Sheriff Jake Miller for five years and bulk reading.

 

Vice-Mayor Nelson stated that being an attorney was helpful for Ms. Riley when reading the ordinances and materials needed to prepare for a Planning and Zoning Commission meeting.

 

Erron Fayson stated that he previously served on the Planning and Zoning Commission in 2018, but had to resign because of work that caused him to be out of town a lot. Mr. Fayson discussed his experience as a contracting officer serving the Army for ten years and discussed how he served the country a total of 22 years all around the world.

 

Jonathan Van Zyll De Jong stated that he was a new member to this community and moved here about five years ago. Mr. Van Zyll De Jong explained that he worked on software and contracts at NASA before he retired and he would now like to spend time giving back to the community.

 

Stan Johnston stated that he was a professional engineer. Mr. Johnston stated that he has lived in Titusville for fifty years and was a registered mechanical and civil engineer, who did site plans and surveys for subdivisions throughout the City of Titusville.

 

Vice-Mayor Nelson stated that she would like to appoint Catherine Riley as a regular member and Erron Fayson as an alternate member to the Planning and Zoning Commission.

 

Council agreed with Vice-Mayor Nelson.

 

Motion: Vice-Mayor Nelson moved to appoint Catherine Riley as a regular member to the Planning and Zoning Commission with an unexpired term to expire on January 31, 2023. Member Stoeckel seconded the motion and the roll call vote was:

 

Member Stoeckel                    Yes

Member Robinson                  Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

 

The motion carried unanimously.

 

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Motion: Vice-Mayor Nelson moved to appoint Erron Fayson as an alternate member to the Planning and Zoning Commission with an unexpired term to expire on January 31, 2022. Member Stoeckel seconded the motion and the roll call vote was:

 

Member Robinson                  Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

 

The motion carried unanimously.

 

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City Council Member Robert Jordan arrived at the meeting.

 

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North Brevard Commission on Parks and Recreation – The request was to appoint one member to the North Brevard Commission on Parks and Recreation for an unexpired term to expire on August 31, 2023.

 

There was one application on file for consideration. Ms. Koren Odermann expressed her willingness and desire to serve on the commission.

 

Mayor Diesel stated that as a liaison for the North Brevard Commission on Parks and Recreation, he would like to see more applications.

 

Vice-Mayor Nelson agreed with Mayor Diesel and suggested that Council table this item so the City could advertise the vacancy longer.

 

Member Robinson stated that Ms. Koren Odermann was very well qualified and a good candidate, but would like to see more applications as well.

 

Mayor Diesel stated that at the next City Council meeting on September 28, 2021, he would like Council to appoint someone to the North Brevard Commission on Parks and Recreation because there were currently not enough members to hold a quorum.

 

Ms. Koren Odermann stated that she was a program manager for Cubic Defense and was previously project manager for the marine core for thirteen years. She stated that she just recently moved to Titusville and would like to be involved in the community.   

 

Member Stoeckel stated that she would move forward with appointing Ms. Koren Odermann. She stated that if this item does get tabled, then it needed to be on the next agenda at the September 28, 2021 City Council meeting at 6:30 p.m.

 

Member Jordan stated that he would like to appoint Ms. Koren Odermann, but would do what the majority of Council wanted to do at this meeting

 

Motion: Vice-Mayor Nelson moved to table the appointment of a member to North Brevard Commission on Parks and Recreation to the next meeting on September 28, 2021 at 6:30 p.m. Member Jordan seconded the motion and the roll call vote was:

 

Member Joran                         Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

 

The motion carried unanimously.

 

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Code Enforcement Special Magistrate – The Code Enforcement Special Magistrate's semi-annual written report was included in the agenda packet. No action was required.

 

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

 

Stan Johnston discussed his handout on the sewage spill in the Indian River Lagoon near Space View Park, etc.

 

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CONSENT AGENDA

 

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

 

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

 

  1. Resolution No. 32-2021 Approving Temporary Closure of State Roads for Special Events -Titusville Christmas Parade - Approve Resolution No. 32-2021 approving the temporary closure of S. Washington Avenue (US Highway 1) on December 11, 2021 for the Titusville Christmas Parade.

 

  1. 2021 Urban and Community Forestry Grant - Authorize the Mayor to sign the attached letter in support of the “Titusville Urban Tree Canopy Assessment” project proposal being submitted for the 2021 Urban and Community Forestry grant program.

 

  1. Brevard County Save our Indian River Lagoon Grant Extension - Titusville High School Baffle Box - Authorize the Mayor to execute Amendment No. 2 to the Save our Indian River Lagoon Cost-Share Funding Interlocal Agreement Number SOIRL 19-97.

 

  1. Acceptance of Easement from RW Kirk Family Limited Partnership- Florida Wonderland Lift Station - Accept a Utility Easement from RW Kirk Family Limited Partnership for the Florida Wonderland Lift Station

 

  1. Medical Stop-Loss Insurance for October 1, 2021 - September 30, 2022 - Approve the renewal of medical reinsurance coverage, subject to the approval of the FY 2022 budget, with Symetra to cover medical reinsurance costs at a renewal rate of $91.62 per single employee per month from the current rate of $86.81 per single employee and $239.03 per employee family per month from the current rate of $230.96 per employee. This recommended renewal action is referred to as Option 1 in the attachment.

 

  1. Acceptance of Utility Easement (53.9 square feet) from Pop Holdings LP - Popeyes Restaurant - Accept a 53.9 square foot Utility Easement from Pop Holdings LP for the Popeyes restaurant project.

 

  1. Acceptance of Utility Easement (70 square feet) from Pop Holdings LP - Popeyes Restaurant - Accept a 70 square foot Utility Easement from Pop Holdings LP for the Popeyes restaurant project.

 

  1. Permission to Issue Open Blanket Purchase Orders During FY 2022 to Approved Vendors of Record Exceeding the $50,000 and $15,000 Ordinance Limits - Approve the use of the Vendors of Record (VOR) for the commodities shown on the attached list subject to the

appropriation of funds for FY 2022 for such operational requirements and programs; Approve any changes to the VOR list resulting from competitive procurement actions conducted by other governmental agencies for those expired contracts being used by the City under piggyback and/or cooperative purchasing programs; Approve the issuance of purchase orders, work orders, and contract renewal options to VOR; Delegate authority to the City Manager to award purchases, exceeding the Ordinance limits, to VOR subject to the appropriation of funds for FY 2022 for such operational requirements and programs; and Authorize the Mayor to execute all contracts to VOR exceeding $50,000; and Authorize the City Manager to execute all contracts with VOR up to $50,000.

 

  1. Renewal of All Lines of Insurance Coverage - Approve the renewal of all lines of insurance coverage for FY 2022 at a premium of $825,395, which is a decrease from last year's cost of $863,717 and authorize the City Manager to put in place all the necessary instruments for this renewal.

 

Stan Johnston stated that he supported Agenda Items 8a, 8b, 8c, and 8d. Mr. Johnston discussed his handout regarding the City employees who were working with raw sewage. Mr. Johnston stated that he had trouble getting in contact with Water Resources Director Sean Stauffer when he asked him to turn off the fountains at Sand Point Park on January 12, 2021.

 

Motion: Member Jordan moved to approve Consent Agenda items A, B, C, D, E, F, G, H and I in accordance with recommendations. 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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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION – None

 

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ORDINANCES-FIRST READING – None.

 

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OLD BUSINESS – None.

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NEW BUSINESS –

 

Resolution No. 31-2021 - Code Enforcement Lien Amnesty Program Amendment – City Manager Larese advised the request was to extend the time period for repayment under the Code Enforcement Amnesty Program, an amendment to Resolution No. 13-2021 was proposed for adoption (Resolution No. 31-2021). Staff was requesting approval of Resolution No. 31-2021 amending Resolution No. 13-2021 to modify the code enforcement lien amnesty program to modify the terms of repayment, and providing for an effective date.

 

Motion: Member Jordan moved to approve Resolution No. 31-2021 - Code Enforcement Lien Amnesty Program Amendment, as recommended. Vice-Mayor Nelson seconded the motion.  The roll call vote was as follows:

                        

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

                   Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

 

The motion carried unanimously.

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Approval of Final Plat and Acceptance of Covenants, Easement and Performance Bonds for Tranquility (F/K/A Antigua Bay) Planned Development - Phase I – This item was considered earlier in the meeting.

 

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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.

 

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Mayor Diesel stated that he participated in the 9/11 service at St. Theresa Church with Member Robinson. Mayor Diesel presented a proclamation to Titusville’s Police and Fire Department and Member Robinson did the first reading for the service.

 

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Mayor Diesel discussed the time limit for the public to speak on the consent agenda. Mayor Diesel expressed that the time limit could be reduced.

 

City Attorney Broome stated that the City had the rights to enforce the rules of decorum, but speakers have the right to speak on any proposition brought before council.

 

Mayor Diesel stated that shortening the time would be a good option for Council so that they were not taking away anyone’s first amendment right.

 

City Attorney Broome stated that the City retained an attorney to analyze the processes and procedures of the council meetings.  

 

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Council Reports –  

 

Vice-Mayor Nelson stated that the Boys and Girls Club of Central Florida hired a director for the Titusville Club named Jeremy Jones.

 

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Member Stoeckel stated that she was appointed from the Florida League of Cities to serve as the Vice-Chair for the Advocacy Committee for the entire state. Member Stoeckel stated that she would be going to Tallahassee to discuss the legislative priorities including short term rentals, communication services, tax reform, tree protection, etc.

 

City Manager Larese advised he would add the legislative priorities as an agenda item to the regular City Council meeting on September 28, 2021 at 6:30 p.m.

 

Member Stoeckel requested funding for her to attend the Florida League of Cities legislative conference in November, which included the registration fee, two nights lodging and per diem. The conference would be held at the Embassy Suites Orlando – Lake Bueno Vista South on November 3-5, 2021.

 

Motion: Vice-Mayor Nelson moved to approve funding for Member Stoeckel to attend the Florida League of Cities legislative conference, as recommended. Member Jordan seconded the motion. The motion carried unanimously.

 

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

 

City Manager reminded Council that on September 15, 2021, the final budget hearing would take place at 5:30 p.m. He also reminded council that the tree ordinance would be heard at the next regular City Council meeting on September 28, 2021 at 6:30 p.m.

 

 

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CITY ATTORNEY’S REPORT – None.

 

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With no further business to discuss, the meeting adjourned at 8:18 p.m.