Regular City Council - October 26, 2021 at 6:30 PM

 

 

 

City Council 

Regular Meeting

October 26, 2021

 

The City of Titusville City Council met in regular session on Tuesday, October 26, 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 7:40 p.m., not 6:30 p.m., due to the prior City Council meeting for presentations and special recognitions ran late. 

 

Those present in the Council Chamber included Mayor Daniel E. Diesel, Vice-Mayor Jo Lynn Nelson, City Council Members Robert L. Jordan, Jr., Joe C. Robinson, and Dr. Sarah Stoeckel. City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells were also present. Assistant City Clerk Jolynn Donhoff completed the minutes of the meeting. 

 

Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag. City Clerk Wanda Wells read the procedures for public comment and participation. 

 

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APPROVAL OF MINUTES – None. 

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City Manager Larese requested Council’s consideration to amend the meeting’s agenda and add an agenda item, as discussed. 

 

Motion: 

Member Jordan moved to add a new item to the meeting’s agenda as New Business, Item C. The agenda item concerned a staff request for Council’s authorization for the Mayor to execute Amendment 1 to the Save Our Indian River Lagoon (SOIRL) Project Cost Share Funding Interlocal Agreement between Brevard County, Florida and the City of Titusville, Florida (Amendment Number SOIRL 19-109).  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. 

 

The Mayor and City Attorney discussed the public would have the opportunity to speak on the additional agenda item under New Business, Item C. 

 

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SPECIAL RECOGNITIONS & PRESENTATIONS – All presentations were completed at the regular City Council meeting at 5:30 p.m.

 

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BOARDS AND COMMISSIONS

 

Historic Preservation Board – The request was to appoint four (4) regular members and one (1) alternate member to the Historic Preservation Board (HPB) with terms to expire on October 31, 2023. The terms of Regular Members Rosalie Foster, William Gaetjens, Allen Kiesel, Joseph Adams and Alternate Member Toni Shifalo were due to expire on October 31, 2021. Each of the aforementioned members indicated their desire to continue serving on the Board for terms due to expire on October 31, 2023. An additional application from Rhonda Harrell (non-resident) was also on file for the Council’s consideration. 

 

Motion:

Member Jordan moved to reappoint Regular Members Rosalie Foster, William Gaetjens, Allen Kiesel and Joseph Adams and Alternate Member Toni Shifalo to the Historic Preservation Board and for terms to expire on October 31, 2023. Vice-Mayor Nelson seconded the motion for discussion.

 

Vice-Mayor Nelson desired hearing from any applicants that might be at the meeting. 

 

HPB Board Secretary Joseph Adams spoke on behalf of his application, his current role on the board, other individuals that supported the board, board events, presentations, and work with designating local historic structures, writing grants, technology that allowed citizens to view the citizens to read about the City’s history, etc. 

 

HPB Alternate Member Toni Shifalo spoke on behalf of her application, her historic residence, her passion for the Board’s scope of work, board accomplishments, historic tours, community workshops on neighborhood revitalization, etc. 

 

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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North Brevard Library District Board - The request was to appoint one (1) regular member to the North Brevard Library District Board with a term to expire on September 30, 2023. Applicant Ms. Ma Joyce Romero commented on behalf of her application and her desire to serve on the board. There were no other applications on file for Council’s consideration. 

 

Motion:

Member Jordan moved to appoint Ma Joyce Romero as a regular member to the North Brevard Library District Board, for a term to expire on September 30, 2023. Vice-Mayor Nelson seconded the motion and the roll call vote was:

 

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

 

The motion carried unanimously. 

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Space Coast Transportation Planning Organization Citizens Advisory Committee – The request was to accept the resignation of Regular Member David Carter of the Space Coast Transportation Planning Organization (SCTPO) Citizens Advisory Committee, with an effective date of October 11, 2021. The SCTPO had several key sub-committees that member communities were eligible to appoint members. One such committee was the SCTPO Citizens Advisory Committee (CAC). The function of the CAC was: conduct public information programs on the activity of SCTPO, provide citizens' views of the findings and recommendations of the SCTPO and to provide comment and recommendations to the SCTPO Governing board on SCTPO plans referred to the Committee, including, but not limited to the Long Range Transportation Plan (TIP), and the Unified Planning Work Program.

 

County Commissioners selected representatives to the CAC from their respective County Commission Districts, and City or Town Council/Commission shall selected a representative to the CAC from their respective municipalities. Additionally, the Canaveral Port Authority members designated representative shall reside within the jurisdictional boundaries of the Canaveral Port Authority's district. 

 

To the above, the request for City Council to accept the resignation of Regular Member David Carter effective on October 11, 2021. There were no applications on file to fill the vacancy. 

 

Stan Johnston submitted a public speaking card. He advised that he was a registered professional engineer. He was concerned on building high rise buildings, increased traffic on arterial roadways, and sea level rise. He encouraged these subjects take priority at the SCTPO. 

 

Motion:

Vice-Mayor Nelson moved to accept the resignation Space Coast Transportation Planning Organization Citizens Advisory Committee Regular Member David Carter effective on October 11, 2021. Member Nelson seconded the motion and the roll call vote was:

 

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

 

The motion carried unanimously. 

 

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

 

Dwight Severs, accompanied by Laurie Severs, distributed information and pictures. Mr. Severs expressed concern on his witnessing a truck(s) discharging a reddish-brown liquid into the Indian River Lagoon near Riverside Drive and Grace Street on approximately September 22, 2021 and October 14, 2021 or on other dates. He recorded a video of the occurrence(s), which he had on his phone. Mr. Severs advised that he researched the company’s name on the truck that dispensed the liquid. He found a contract with the City and the company for rehabilitation of stormwater pipes with cured in place pipe (CIPP) liner. 

 

Member Jordan referenced receiving communications from Mr. Severs on these matters only a few short days ago. Member Jordan indicated that staff subsequently went to the site of one of these occurrences and reported back that nothing that occurred was wrong. 

 

Mr. and Mrs. Severs indicated they were not sure of when and how many trucks and the times the liquid was dispensed into the lagoon. 

 

Motion:

Vice-Mayor Nelson moved to give Mr. Severs and additional 3-minutes to speak. Member Stoeckel seconded the motion and the roll call vote was: 

 

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       No

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

 

The motion carried unanimously. 

 

Mr. Severs continued. He discussed various times and dates that he saw a truck discharging liquid into a pipe and outfall area that was approximately 30 feet leading into the river and at another location and other infrastructure near his house. He also commented on whether the dispensing location(s) was an approved dump site that was pre-approved by the City, etc. 

 

Council discussion ensued with Mr. Severs on his concerns, suggestions to contact staff to receive information on the activity, care and concerns for the lagoon and water quality, an idea to have City staff present when discharging liquid was approved, providing after-hours contact information to citizens, knowing if any chemicals or organic compounds were in the water to be dispensed into the lagoon, the contractor or company connecting their truck to a designated lift station and pumping the liquid to the lift station (requested by Mr. Severs), having City staff report back to Mr. Severs’ claim, working together to have a comprehensive understanding of the events, the community’s concern for water quality, the importance of prompt communication and response, etc.  


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Stan Johnston distributed information. He expressed concerns on a prior sewer spill at Sand Point Park, communication with the City and citizens, etc. 

 

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Joyous Parrish expressed concern on manatee deaths, loss of sea grass in the Indian River Lagoon, the larger coastal area and ecosystem being at risk, affects to tourism and revenue, prioritizing these concerns, etc.

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Laurilee Thompson read from a prepared statement that discussed tannic or discolored water that was observed being discharged into the lagoon (The topic discussed by Dwight Severs). She advised that fresh water should not be allowed to flow into the lagoon. This caused manatees to starve and the death of sea grass, as well as other harmful effects to the environment. 

 

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Susan Palma commented on understanding if the Council or City would make a decision, investigate, or act on the information discussed by Dwight and Laurie Severs and Laurilee Thompson. She supported keeping the dialogue open on these matters. 

 

Mayor Diesel responded and discussed Mr. Severs’s communication or the citizens’ report about a reddish-brown liquid being discharged into the lagoon, an after-hours staffed telephone number available to citizens to report concerns, issues that negatively impacted the lagoon began decades ago, elected officials taking-in information and learning about the benefits or downside of items intended to improve the health of the Indian River Lagoon, etc. 

 

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CONSENT AGENDA

 

A contract was distributed to the City Council prior to meeting for Consent Agenda Item C - Osprey Water Reclamation Facility Belt Filter Press Rehabilitation. 

 

Per Member Stoeckel’s request, Water Resources Director Sean Stauffer reviewed more information on Consent Agenda Item L - Work Order for Design Services for the Enhanced Water Treatment Project. 

 

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

 

  1. Purchase of Automatic Ambulance Stretcher - Authorize the purchase of (1) Stryker Power-PRO XT ambulance cot from Stryker Medical for a total amount not to exceed $19,442.14.

 

  1. Change Order #1 to Contract #CN20-B-030 with Hinterland Group, Inc. for the South Carpenter Road Water Main Project - Approve Change Order #1 in the amount of $42,045 to Contract #CN20-B-030 with Hinterland Group, Inc. to include additional construction requirements by Brevard County, extend the contract time by 90 days, and authorize the City Manager to execute the change order.

 

  1. Osprey Water Reclamation Facility Belt Filter Press Rehabilitation - Approve a budget transfer of $51,000 from Contingency Unreserved to the Osprey Belt  Press Rehab Capital Improvement Project WR2110. In addition, approve use of sole source OEM (original equipment manufacturer) with Alfa Laval, Inc. of Richmond, VA as authorized parts supplier and repair service of Ashbrook-Simon Hartley filter press belt equipment in the amount of $50,376.63 for rehabilitation of belt filter press at the Osprey Water Reclamation Facility (WRF) and authorize the Mayor to execute a contract or any necessary purchasing instrument as approved by City Attorney and Purchasing. Furthermore, authorize Alfa Laval to be added to the FY22 Vendor of Record as OEM parts and service provider for Ashbrook Belt Filter Press products: Klampress, Winklepress, and Aquabelt. (A contract was distributed to the City Council prior to meeting for Consent Agenda Item C) 

 

  1. Work Order for Engineering Services for the Blue Heron Water Reclamation Facility Sludge Dewatering Project - Approve the award of Work Order #15 to AECOM Technical Services, Inc., Orlando, FL in the amount of $388,532 to provide engineering consulting services including, but not limited to, the preparation of design drawings and specifications, permitting, bidding assistance and construction administration services for the Blue Heron WRF Sludge Dewatering Project, and authorize the Mayor to execute the Work Order.

 

  1. Battalion Chief Emergency Response Vehicle - Authorize purchase of (1) 2021 Chevy Silverado 2500HD Crew Cab 4WD Pick Up, to  include associated emergency lighting and siren packages and associated equipment from Alan Jay Fleet Sales for a total amount not to exceed $59,990.85.

 

  1. Purchase of Ambulance Rescue Vehicle - The Fire Department is requesting approval to proceed with purchasing a new 2022 ambulance rescue vehicle from REV RTC located in Ocala, FL. Purchase of ambulance rescue vehicle and all associated rescue/firefighting equipment will not exceed the price of $275,000.00 and authorize issuance of a purchase order.

 

  1. Purchase of Fire Engine and Associated Tools and Equipment - Approve purchase of a new 2022 Pierce custom pumper fire engine to replace 2008 Pierce pumper fire engine. 2008 Pierce pumper is being replaced due to exceeding life expectancy as a mainline apparatus. Purchase consists of fire engine from Ten-8 Fire Equipment Inc. including (1) chassis and all associated tools and equipment for a total purchase price not to exceed $639,008.78; (2) approve purchase of all associated extrication equipment from Municipal Emergency Services (MES) for a total price not to exceed $45,487.00; and (3) approve purchase of FLIR thermal camera from Team Equipment for a price not to exceed $4,460.80. Purchase shall be made in accordance with Lake County contract #RFP19-0707. The difference between the total approved amount of $690,000.00, and the items listed above is $1043.42 and will be used for the purchase of miscellaneous equipment. Total project cost not to exceed $690,000. In addition, authorize issuance of purchase order(s).

 

  1. FY 22 Local Justice Assistance Grant (JAG) - Approve acceptance and receipt of fund in the amount of $25,981.00.

 

  1. Purchase of Vehicles - Public Works - Approve the use of Florida Sheriffs Association Cooperative Purchasing Program contract #FSA20-VEH18.0, Heavy Trucks effective until 9/30/22 to purchase the budgeted vehicle replacement Z0223 to Nextran Truck Center Orlando, Florida in the total amount of $181,739.86 for the purchase of a 2022 Mack MD7 truck with Person Grapple and authorize issuance of a purchase order. Additionally, approve the associated budget amendment transferring funds from reserves to capital outlay project Z02235 for this purchase.

 

  1. South Street Lift Station Seawall Emergency Repair - Approve an emergency work order in accordance with Contract No. 18-B-050 to Gregori Construction Inc. of Titusville, Florida, in the amount of $48,000 to repair the existing seawall and stabilize the terrain at the City's South Street Lift Station.

 

  1. Utility Locating Services Contract Increase - Increase the approved annual authorized amount for contract #SV-18B-025 between the City of Titusville and USIC, LLC of Indianapolis, IN, to perform utility locating services and approve Purchasing Department to process a contract amendment, to increase the amount from $83,875 to $130,000 due to an increase in the required number of locates.

 

  1. Work Order for Design Services for the Enhanced Water Treatment Project - Approve the award of Work Order #16 to AECOM Technical Services, Inc. in the amount of $474,234 to provide engineering consulting services including, but not limited to, the design of treatment improvements at the Mourning Dove Water Treatment Plant to achieve 4-LOG treatment, approve a budget amendment to fully fund the project, and authorize the Mayor to execute the Work Order.

 

  1. Replacement of Solid Waste Containers and Vendor of Record Addition - Approve creation of project for Solid Waste Containers for the Public Works Department Solid Waste Division in the total of amount of $150,000. Additionally, approve the addition of Rehrig Pacific Company to the approved vendor of record for Carts, Containers, Dumpsters, Lids & Recycle Totes. Furthermore, approve associated budget amendment.

 

  1. Ready Mix Concrete - Add to Vendor of Record - Approve the addition of four vendors to the approved vendor of record for "Concrete Materials" with an annual amount of $100,000.

 

  1. Florida Division of Emergency Management Lift Station Generator Grant Agreement Funding Increase - Authorize the Mayor to execute Modification #1 to Grant Agreement H0410 with the Florida Division of Emergency Management for the installation of seven (7) standby generators at City lift stations. Modification #1 will increase the funding by $11,200 for subrecipient (City of Titusville) grant management costs.

 

  1. Collective Bargaining Agreement between the Laborers' International Union of North America Local 630 and the City of Titusville - Approve the Wage Reopener in accordance with Article 32 - Duration of the Collective Bargaining Agreement between the Laborers' International Union of North America Local 630 and the City of Titusville.

 

  1. Traffic Signal Repair at Country Club and Barna - Approve Piggyback of Brevard County Contract B-4-18-52 Traffic Signal Agreement to Traffic Control Devices, Inc. Traffic Control Devices, LLC (TCD) of Altamonte Springs, FL in the amount of $17,138 to repair the Traffic Signal at Country Club and Barna and authorize issuance of a purchase order.

 

Matt Mahoney submitted a public speaking card on Consent Agenda Item J. He distributed information. He supported the requested action. His property and sea wall had been affected by erosion near the site that was subject to the requested improvements and nearby lift station.  

 

Stan Johnston submitted public speaking cards on Consent Agenda Items C, D, J, K, L, and O. He discussed reasons why he was neutral on Items C, D, J, K, and O. He also discussed why he was against Item L.    

 

Motion:

Member Jordan moved to approve Consent Agenda Items A through Q, in accordance with the recommendations. Member Stoeckel 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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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Ordinance No. 30-2021 - Low Impact Development (LID) – City Attorney Broome read Ordinance No. 30-2021 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES TO ADOPT LOW IMPACT DEVELOPMENT STANDARDS, AMENDING CHAPTER 30 “DEVELOPMENT STANDARDS” BY AMENDING SECTIONS 30-8 “TECHNICAL MANUALS”, 30-163 “OPEN SPACE STANDARDS”, 30- 278 “SATELLITE PARKING”, 30-324. “LANDSCAPE”, AND 30-337 “PERMITTED USES WITHIN THE LANDSCAPE BUFFER YARD”; AMENDING CHAPTER 30 “DEVELOPMENT STANDARDS” BY CREATING ARTICLE V. “LOW IMPACT DEVELOPMENT” TO INCLUDE SECTIONS 30-421 “INTENT” AND 30-422 “LID ANALYSIS”; AMENDING CHAPTER 34 “PROCEDURES” BY AMENDING SECTION 34-306. “ADMINISTRATIVE WAIVER OF SETBACK REQUIREMENTS”; AMENDING THE “DEVELOPMENT REVIEW PROCEDURES MANUAL” BY AMENDING SECTION 3.4 “APPLICATIONS TO BE PROCESSED EXPEDITIOUSLY”; AMENDING THE “STORMWATER MANAGEMENT TECHNICAL MANUAL” SECTION 7.4 “STORMWATER MANAGEMENT DESIGN CRITERIA”; AMENDING THE “TRANSPORTATION INFRASTRUCTURE TECHNICAL MANUAL” BY AMENDING SECTIONS 9.7, 9.16.4, 9.16.8, 9.17.1.1, AND 9.19.3 TO ENABLE SPECIFIC LID INCENTIVES; CREATING “THE LOW IMPACT DEVELOPMENT TECHNICAL MANUAL” BY ADDING SECTIONS 11.1 “INTENT”, 11.2 “GOALS OF LOW IMPACT DEVELOPMENT”, 11.3 “LOW IMPACT DEVELOPMENT PLAN”, 11.4 “OPERATIONS AND MAINTENANCE (O&M) DOCUMENTS”, 11.5 “LOW IMPACT DEVELOPMENT (LID) BEST MANAGEMENT PRACTICE (BMP) LIST”, 11.6 “LOW IMPACT DEVELOPMENT INCENTIVES MATRIX”, AND 11.7 “MINIMUM PARKING REQUIREMENTS FOR DEVELOPMENT UTILIZING LOW IMPACT DEVELOPMENT”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE, AND INCORPORATION INTO THE CODE.for the second time by title only.

 

City Manager Larese highlighted the request provided in the Council agenda packet on the proposed Low Impact Development (LID) ordinance. Additionally, the Titusville Environmental Commission (TEC) considered this ordinance at their May 12, 2021 and June 9, 2021 meetings and recommended several changes to the ordinance (provided in the Council agenda packet). The TEC recommended that all terms “encourages/encouraged" to "requires/required". 

 

The Planning and Zoning Commission considered the ordinance at their meeting on July 7, 2021 and recommended approval, including the TEC recommendations, requiring that project utilize more than one BMP and that 50% of stormwater be processed through LID techniques and adding an additional Whereas clause. 

 

Community Development Director Peggy Busacca reviewed various information with the Council. The proposed ordinance was an incentive ordinance. Mayor Diesel reviewed a prior meeting that provided substantive information on Low Impact Development (LID) techniques and incentives, to which Member Robinson felt the information provided at the meeting referenced by Mayor Diesel was thorough. (The indication was a meeting hosted by the Marine Resources Council)

 

Mayor Diesel opened the public hearing. 

 

Kay St. Onge thanked Mayor Diesel for attending a recent LID focused meeting hosted by the Marine Resources Council. She read from a prepared statement that reviewed information on the recent meeting’s attendees, proposed and future State legislation regarding stormwater, the importance of trees, recommendations, the Basin Management Action Plan (BMAP), etc.

 

Toni Shifalo read from a prepared statement that reviewed information on Low Impact Development (LID) being a stormwater management technique, LID served to preserve natural resources, site specific specifications, and actions to promote and improve LID, benefits to the environment would take time, etc.

 

Kathleen Perez requested Council approve the proposed ordinance. She expressed concern on a news article earlier in the day that discussed manatee deaths and why LID was important to these issues.  

 

Stan Johnston was neutral on the proposed ordinance. He questioned whether the City was equipped to write and enforce the proposed ordinance. 

 

With no additional persons that wished to speak, the public hearing was closed. 

 

Motion:

Member Jordan moved to approve Ordinance No. 30-2021, as recommended by staff. Vice-Mayor Nelson 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. 31-2021 Relating to Social Services in the Indian River City Neighborhood (IRCN) Zoning District – City Attorney Broome read Ordinance No. 31-2021 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING THE DEFINITION OF “SOCIAL SERVICES” CONTAINED IN SECTION 28-21 “INDIAN RIVER CITY NEIGHBORHOOD ZONING”, SUBSECTION (C) “NONCONFORMING USES”; PROVIDING SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time by title only.

City Manager Larese highlighted the agenda item as provided in the Council agenda packet. The Planning and Zoning Commission would consider this ordinance at their meeting on November 3, 2021.

 

Mayor Diesel opened the first of two required public hearings. 

 

Ed Springer expressed concern on businesses being too close to neighborhood homes and if medical or counseling businesses were allowed to dispense drugs in the Indian River City Neighborhood, he was concerned how this would affect the community.

 

City Attorney Broome reviewed background information and the reason for the proposed ordinance. Community Development Director Busacca did the same. 

 

As no one else wished to speak, the first public hearing was closed. This was the first reading and first public hearing on Ordinance No. 31-2021.  The second reading and final public hearing was scheduled for the regular City Council meeting on November 9, 2021 at 6:30 p.m.

 

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Comprehensive Plan Amendment (CPA) Application No. 1-2020 Titusville Mall – City Attorney Broome read the following ordinances for the second time, as followed:

 

Ordinance No. 27-2021 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO. 60-1988, WHICH ADOPTED THE COMPREHENSIVE PLAN OF THE CITY OF TITUSVILLE, BY ADOPTING COMPREHENSIVE PLAN AMENDMENT 1-2020 AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN BY REPLACING THE COMMERCIAL HIGH INTENSITY FUTURE LAND USE DESIGNATION WITH THE URBAN MIXED USE FUTURE LAND USE DESIGNATION ON APPROXIMATELY 22 ACRES OF LAND LOCATED WEST OF SOUTH WASHINGTON AVENUE, EAST OF SOUTH HOPKINS AVENUE, SOUTH OF COUNTRY CLUB DRIVE, AND NORTH OF NARVAEZ DRIVE, AND HAVING AN ADDRESS OF 3550 SOUTH WASHINGTON AVENUE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

 

Ordinance No. 28-2021 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO. 60-1988, WHICH ADOPTED THE COMPREHENSIVE PLAN OF THE CITY OF TITUSVILLE, BY ADOPTING COMPREHENSIVE PLAN AMENDMENT 1-2020 AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY CHANGING POLICY 1.11.15 TO ADD THE MAXIMUM DENSITY AND INTENSITY FOR REDEVELOPMENT SITE #2 (3550 SOUTH WASHINGTON AVENUE); PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

 

Ordinance No. 29-2021 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO. 5-1993 OF THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY REPLACING THE REGIONAL COMMERCIAL (RC) ZONING DISTRICT WITH THE URBAN VILLAGE (UV) ZONING DISTRICT ON APPROXIMATELY 22 ACRES OF LAND LOCATED WEST OF SOUTH WASHINGTON AVENUE, EAST OF SOUTH HOPKINS AVENUE, SOUTH OF COUNTRY CLUB DRIVE, AND NORTH OF NARVAEZ DRIVE, AND HAVING AN ADDRESS OF 3550 SOUTH WASHINGTON AVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. 

 

City Manager Larese highlighted the agenda item as provided in the Council agenda packet. Additionally, the State Land Planning Agency (LPA) had no objection to the comprehensive plan amendments. The Planning and Zoning Commission, acting as the Local Planning Agency considered these items on October 6, 2021 and recommended approval with conditions as recommended by staff, 7-0.

 

Community Development Director Busacca gave a presentation and reviewed the purpose of each proposed ordinance and master plan, as well as she reviewed the staff report provided in the Council agenda packet. 

 

City Attorney Broome reviewed the Quasi-judicial Rules of Procedure. The comprehensive plan amendments to the Future Land Use Element and the Future Land Use Map were legislative items. The rezoning request with master plan was a quasi-judicial item.

 

Mayor Diesel opened the public hearing.

 

The applicant Jesse Wright reviewed another local project that he felt was similar to his (The Titus Landing Mall), the estimated investment costs for completion of his proposed project, areas at the application subject site that were targeted to be demolished and redeveloped, construction phases, the creation of jobs, residences, desired heights of a hotel and apartment buildings, areas designated for senior living, medical, retail, restaurants, etc. Additionally, Mr. Wright provided a video presentation on the intended or future improvements that he planned for the subject site. 

 

Rodney Honeycutt, an engineer on behalf of the application, reviewed the intended or future improvements that the applicant envisioned for the subject site. He felt the site was not difficult to design, but the development project was complex, due to it would require several phases to complete the intended improvements. 

 

Council individually reviewed questions and viewpoints on the requested actions and the applicant’s proposed improvements. 

 

Bruce Hall, a landscape architect on behalf of the application, compared the proposed improvements to the Winter Park Village and how Urban Village (UV) zoning complimented or would facilitate the applicant’s plans for the applicant’s subject site. This included a residential component. Mr. Hall also reviewed information on street front curbing and plazas, the use of Low Impact Development (LID) in the project, spaces in between the buildings and areas for respite, vegetation, efforts to make the site attractive, providing certain types of amenities, open space, carefully reviewing stormwater, having trees, etc.

 

Joe Roviaro of Luke Transportation Engineering Consultants on behalf of the application, advised his firm completed a traffic study that coincided with the proposed land use changes, in comparison with the allowable capacity under City’s Comprehensive Plan. He also reviewed the maximum amount of development at the site that was presently permissible under City policies. Mr. Roviaro advised that the applicant’s proposed project would reduce the traffic load by 48 percent. He also reviewed a reduction in parking areas, additional traffic studies and access management studies that were planned if the current requests were approved, etc.

 

Member Stoeckel and Community Development Director Busacca discussed her questions on the City’s evaluation processes on traffic studies and traffic requirements, including a traffic study being submitted with the first site plan. 

 

Cindy Mott, a current business tenant at the subject site and who was affiliated with an antique store, advised that she and the various vendors of the antiques store supported the applicant’s request. They desired having a new and larger building to occupy for their business. 

 

Lisa McCotter supported the proposed ordinances. She was excited of the proposed improvements in the community and near her home. Ms. McCotter felt the project would bring more events normally held in the historic downtown area a little closer to another part of town. 

 

It was 10:30 p.m.

 

Motion:

Vice-Mayor Nelson moved to extend the Council meeting until 11:00 p.m. Member Stoeckel seconded the motion and it carried unanimously. 

 

The public hearing continued.

 

Mark Frank felt the old buildings on the subject site were unattractive. He supported the applicant’s request and bringing new development to the City.  

 

The applicant Jesse Wright commented on accommodating existing anchor or business tenants, a similar project located in the Tampa area, retrofitting the old Sears store did not work out that was originally intended years ago, and additional tasks or requirements ahead in the proposed project. 

 

Mayor Diesel and Mr. Wright discussed his questions related to whether Mr. Wright had alternative plans for the project, if there were issues completing the current proposed development plans at the subject site. Mr. Wright discussed working with lenders, securing financing, and debt service and how these items were related to Mayor Diesel’s questions, etc. 

 

William Cassell and Kathy Laws, who had submitted a public speaking and oath cards, were not present when called to speak. 

 

Stan Johnston did not oppose the project. Instead, Mr. Johnston expressed concern with building heights extending too high and how he felt this took away from the type of community that he desired. These concepts were also discussed by the community in the City’s past. 

 

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

 

 

Motion:

Member Jordan moved to approve Comprehensive Plan Amendment (CPA) Application No. 1-2020 and Ordinance No. 27-2021, as recommended by staff. Vice-Mayor Nelson seconded the motion.

 

Member Stoeckel requested more discussion. Mayor Diesel allowed the discussion. Member Stoeckel requested feedback from staff on any options that staff may recommend. Community Development Director Busacca felt Member Stoeckel may be concerned with the project’s Master Plan. Member Stoeckel agreed this was correct. Staff continued and reviewed information on Urban Village zoning required a master plan, Member Stoeckel was okay with the proposed land use changes, the proposed changes to the Comprehensive Plan’s Future Land Use Element that concerned floor area ratio, maximum density, etc. 

 

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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Motion:

Member Jordan moved to approve Ordinance No. 28-2021, as recommended by staff. Member Stoeckel seconded the motion and the roll call vote was:

 

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

 

The motion carried unanimously. 

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Motion:

Member Jordan moved to approve Ordinance No. 29-2021, as recommended by staff and with the following nine conditions: (1) Add benches or other amenities in the landscape islands to meet the open space requirement; (2) The driveway located between Country Club Drive and Narvaez Drive will meet City street standards per Section 33-55(b) as a private road dedicated for public use guaranteeing access; (3) The screening adjacent to Narvaez Drive shall be substantially consistent with the master plan; (4) A multifamily building shall be constructed prior to the completion of Phase 2 or 3; (5) The developer or successor property owner shall provide vehicular cross access to the adjacent corner lots. The site plan should include sufficient width to accommodate two-way travel aisles, and stub-outs and other design features that make it visually obvious that the abutting properties may be tied in to provide cross-access; (6) An updated traffic study shall be submitted with the first site plan; (7) A master drainage plan shall be submitted with the first site plan; (8) A master sewer plan shall be submitted with the first site plan; and (9) A minimum of five bicycle racks will be located in the parking garage. Vice-Mayor Nelson seconded the motion and the roll call vote was:

 

Member Stoeckel                    No

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

 

The motion carried, 4 yes to 1 no, with Member Stoeckel in objection.  

 

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ORDINANCES-FIRST READING

 

Comprehensive Plan Amendment (CPA) 2-2021 Property Rights Element – City Attorney Broome read Ordinance No. 32-2021 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO. 60-1988, WHICH ADOPTED THE COMPREHENSIVE PLAN OF THE CITY OF TITUSVILLE, BY ADOPTING COMPREHENSIVE PLAN AMENDMENT 2-2021 ADDING 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, for the first time by title only. 

City Manager Larese highlighted the agenda item as provided in the Council agenda packet. Additionally, the Planning and Zoning Commission, acting as the Local Planning Agency, considered this plan amendment on October 20, 2021 and recommended approval, 7-0.

 

Stan Johnston submitted a public speaking card. He supported the proposed ordinance, but had reservations. He advised that a small pink card that he distributed to Council earlier in the meeting concerning a four-way test and truth applied to this agenda item. He also commented on his concerns for a flood zone map, etc. 

 

The public hearing for Ordinance No. 32-2021 was scheduled for the regular City Council meeting on November 9, 2021 at 6:30 p.m.

 

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OLD BUSINESS – None. 

 

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NEW BUSINESS

 

Titusville Environmental Commission (TEC) Recommendation Related to the Titusville Landscape Gateway and Signage Concept Plan – City Manager Larese highlighted the request provided in the Council agenda packet. The request was to receive City Council’s recommendations and provide direction to staff, as desired. During the July 27, 2021 regular City Council meeting, the Council supported the Landscape Gateway Concept Plan and supported soliciting feedback from the Titusville Environmental Commission (TEC).

 

During the October 13, 2021 regular TEC meeting, the TEC recommended approval of the Titusville Landscape Gateway & Signage Concept Plan, with two conditions: (1) that all proposed date palms be replaced with native palms (approved 4:0) and (2) that no more than 50% of the current balance of the Public Landscape Trust Fund be used for the implementation of the plan (approved 3:1). 

 

Member Stoeckel and staff discussed her questions on the difference between palm trees, the pros and cons of the recommendations, concerns for the environment, traffic, public safety, etc.

 

Titusville Environmental Commission (TEC) Chairperson Laurilee Thompson was asked to come to the podium and provided feedback to the Council. She believed the intent of the TEC’s recommendations were applicable to all exotic palm trees. Date palms were used as an example of an exotic tree. She advised that near Disney and elsewhere, she felt something was negatively affecting exotic palms. They were dying or diseased. She felt climate change would cause these conditions to worsen.    

 

Council discussion ensued on Florida friendly landscape versus exotic trees.

 

Kay St. Onge submitted a public speaking card. She read from a prepared statement that requested the Council to use the trust funds on urban forestry projects rather than landscape concept plans. She also requested a City wide tree planting campaign to replace lost tree canopy, the benefits that trees provided, etc. 

 

Council discussed their viewpoints that touched on funding needed for the City’s gateway improvements, the gateways project was a project already in progress, whether the Public Landscape Trust Fund could be used for planting trees outside of the gateways project, etc.

 

It was 11:00 p.m.

 

Motion:

Vice-Mayor Nelson moved to extend the Council meeting for another 15-minutes. Member Robinson seconded the motion and it carried, 4 yes to 1 no, with Member Jordan in objection.

 

Member Robinson recalled the first telephone calls that he received as a Council Member concerned beautifying the City and its gateways. Council discussed these matters and a prioritized lighting project presently listed on a deferred maintenance list. 

 

Kathleen Perez submitted a public speaking card. She clarified how the funds in the Public Landscape Trust Fund could be spent, per City policy. She felt local citizens already knew where they lived and they did not need new signs at the City’s gateways to impress themselves. Instead, she desired more trees to be planted throughout the City be prioritized above using this funding at the City’s gateways. 

 

Toni Shifalo submitted a public speaking card. She felt more shade trees should be planted throughout the City by the trails and elsewhere, using the Public Landscape Trust Fund. 

 

Susan Canada submitted a public speaking card. She read from a prepared statement. She felt there was a way to achieve both goals. She felt more trees should be planted to provide shade at parks and she felt a vendor afforded at lower costs should be used to improve the appearance of the City’s gateways. 

 

It was 11:15 p.m.

 

Motion:

Member Robinson moved to extend the Council meeting for another 10-minutes. Member Stoeckel seconded the motion and it carried unanimously. 

 

Upon Council consensus and approval, Ms. Canada was given an additional minute to speak. 

 

Ms. Canada continued. She felt there were other vendors that would complete the gateway improvements at a cheaper cost. She also reviewed details about the current vendor of the gateway improvements and its customer service ranking, percentage of women in leadership roles at the company, bidding the work rather than using a sole source vendor, etc.

 

Per Mayor Diesel’s request, Community Development Director read aloud correspondence from the City’s Purchasing & Contracting Manager on October 11, 2021 that indicated the vendor, Kimberly-Horn, was not given a sole source and n-bid contract, but rather the contract was awarded by formal solicitation procedures and professional qualifications, along with landscape architect provided in the City’s Codes. She further reviewed specific requirements of the solicitation, such respondents would provide engineering services and other services as defined in specific work orders, etc. Each action taken thus far was in accordance with the City’s Purchasing Policies. Other items ahead in the project would also be processed according to the City’s bid procedures.

 

Stan Johnston submitted a public speaking card. He commented on another agency’s prior program to plant and dedicate trees in honor of others. He was also sympathetic to Ms. Canada’s comments. 

 

After brief discussion, City Manager Larese advised that he had the Council’s feedback. The indication was that Council supported the Titusville Environmental Commission’s recommendation related to the Titusville Landscape Gateway and Signage Concept Plan that included one condition:  (1) that all proposed date palms be replaced with native palms.

 

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Titusville Environmental Commission (TEC) Recommendation Related to the Public Landscape Trust Fund - City Manager Larese highlighted the request provided in the Council agenda packet. The request was to receive City Council’s recommendations and provide direction to staff, as desired. During the October 13, 2021 regular TEC meeting, the TEC approved a recommendation (4:0) that the City Council amend the City's Public Landscape Trust Fund (Resolution No.30-2001) to require that at least 50% of the Public Landscape Trust Fund revenues be used specifically for the purchase and installation of the highest quality canopy hardwood trees only, which did not include the purchase or installation of other vegetationThe resolution (provided in the Council agenda packet) required that all funds within the Public Landscape Trust Fund be used to "beautify publicly-owned or publicly maintained property."

 

Community Development Director Busacca advised that following the TEC’s meeting, the terminology of hardwood should not have been used and was used in error in the TEC’s draft meeting minutes (the TEC’s meeting minutes were not yet approved). Instead, the terminology in the draft TEC minutes should have used the terminology of canopy trees.  

 

Kathleen Perez and Toni Shifalo submitted a public speaking cards, but declined to speak. 

 

Susan Canada submitted a public speaking card. She requested Council direct staff to seek individuals, businesses, and garden clubs to donate trees to be planted along the walking trails and in the parks. This would provide shade to trail users during hot parts of the day. 

 

Mayor Diesel supported Ms. Canada’s comments. 

 

It was 11:25 p.m.

 

Motion:

Member Stoeckel moved to extend the Council meeting until 11:45 p.m. Vice-Mayor Nelson seconded the motion and it carried unanimously. 

 

Kay St. Onge submitted a public speaking card. She read from a prepared statement that reviewed her appreciation to the Titusville Environmental Commission (TEC) and their recommendation to amend Resolution No. 30-2021. She further commented on various and specific funding and revenues how the funds might be used, being clear what and how mitigation and use of the funds was used, including to increasing the percentage of funding to be used to have more trees in the City. Trees provided many critical benefits to the community and to offset worsening environmental impacts. 

 

Stan Johnston submitted a public speaking card. He felt more information should have been provided to the TEC. He also reviewed various pieces of information, such as a prior restaurant project he felt was not handled correctly, disbelief a melaleuca tree may be planted in a median on U.S. Highway 1, etc. 

 

Laurilee Thompson submitted a public speaking card. She commented on the discussion at the last TEC meeting and the TEC’s recommendations. She also reviewed that in south Florida, a community there was replacing its palm trees with other trees.  She explained the reason why was that the annual absorption rate of carbon dioxide (CO2) for palm trees was substantially much lower than replacement trees that were used and would absorb much more CO2---being a 5% to 400% difference in the annual absorption rates of CO2 in the atmosphere or layers of gases surrounding Earth. Another article that discussed climate change and palm trees indicated palm trees shortcomings, in relationship to mitigating climate change and earth becoming warmer. Additionally, Ms. Thompson commented on her vote on these matters at the TEC meeting. 

 

After brief discussion, the indication was that Council supported the Titusville Environmental Commission’s recommendation for the City Council to amend the City’s Public Landscape Trust Fund (Resolution No. 30-2001) to require at least 50% of the Public Landscape Trust Fund revenues be used specifically for the purchase and installation of the highest quality canopy trees only, which did not include the purchase of installation of other vegetation with the understanding that the gateway project would be completed before the change in policy was effective. The resolution required that all funds within the Public Landscape Trust Fund be used to “beautify publicly-owned or publicly maintained property.”

 

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New Business Item C - 

 

Amendment to the Save Our Indian River Lagoon Project Cost Share Funding Interlocal Agreement Between Brevard County, Florida and the City of Titusville, Florida (No. SOIRL 19-109) – Earlier in the meeting, Council added this new item to the agenda as New Business, Item C. City Manager Larese and staff distributed information to the Council. Staff requested Council’s authorization for the Mayor to execute Amendment 1 to the Save Our Indian River Lagoon Project Cost Share Funding Interlocal Agreement between Brevard County, Florida and the City of Titusville, Florida (Amendment Number SOIRL 19-109).  

 

Stan Johnston submitted a public speaking card. He objected to the requested action or felt the Council should postpone considering the agenda item to a future City Council meeting, when other citizens that may be interested would be present to speak on the agenda item. He also felt septic tanks worked well and it was nonsense to think they were causing damage to the lagoon. 

 

Motion:

Member Jordan moved to authorize the Mayor to sign and execute the Amendment to the Save Our Indian River Lagoon Project Cost Share Funding Interlocal Agreement Between Brevard County, Florida and the City of Titusville, Florida (Amendment Number SOIRL 19-109), 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) –

 

Toni Shifalo requested the City’s assistance to communicate with the company of a communication tower at the 900 block of Tropic Street. She advised that repeated bothersome noises from the tower designed to scare birds away sounded-off roughly every 19 to 22 minutes, 24-hours per day. She would continue and attempt to make contact with the company that owned or managed the tower and seek their help to find a solution to the bothersome noise that affected her enjoyment of her property and for the sake of nearby neighbors. 

 

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Nathan Slusher commented on the Marine Resources Council. He asked whether the City had addressed testing for a certain acid or compound in the Indian River Lagoon. Mayor Diesel responded on conversations he had with a college or others. Mr. Slusher was concerned that no one or no agency was considering testing for the acid or compound that he was concerned with. 

 

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MAYOR AND COUNCIL REPORTS

 

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

 

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Council Reports – None. 

 

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CITY MANAGER’S REPORT

 

City Manager's Report - City Manager Larese submitted his written report. There were no action items or informational items.

 

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CITY ATTORNEY’S REPORT

 

LIBOR (London Interbank Offered Rate) class action litigation settlement discussion – City Attorney Broome briefly highlighted the information provided for Informational Purposes. The City Attorney's Office would continue to monitor the status of the LIBOR Green Pond class action litigation settlement.

 

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With no further business to discuss, the meeting adjourned at 11:45 p.m.