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

 

 

 

CITY OF TITUSVILLE

COUNCIL AGENDA

October 26, 2021

6:30 PM - Council Chamber at City Hall

555 South Washington Avenue, Titusville, FL 32796

 

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

 

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

 

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

 

1. CALL TO ORDER

 

2. INVOCATION - A moment of silence will be held.

 

3. PLEDGE OF ALLEGIANCE

 

4. APPROVAL OF MINUTES

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

A. Reserved for Presentations - There may not be adequate time at the regular City Council meeting scheduled for October 26, 2021 at 5:30 p.m. to hear all the presentations as outlined in the agenda. If necessary, the presentation(s) will be heard at this time during the regular City Council meeting on October 26, 2021 that commences at 6:30 p.m.

 

6. BOARDS AND COMMISSIONS

 

A. Historic Preservation Board - Appoint four (4) regular members and one (1) alternate member to the Historic Preservation Board with terms to expire on October 31, 2023.

 

B. North Brevard Library District Board - Appoint one (1) regular member to the North Brevard Library District Board with a term to expire on September 30, 2023.

 

C. Space Coast Transportation Planning Organization Citizens Advisory Committee - Accept the resignation of Regular Member David Carter of the Space Coast Transportation Planning Organization Citizens Advisory Committee. The resignation was effective on October 11, 2021.

 

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

ITEMS)

 

8. CONSENT AGENDA

 

A. 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.

 

B. 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.

 

C. 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.

 

D. 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.

 

E. 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.

 

F. 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.

 

G. 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).

 

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

 

I. 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.

 

J. 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.

 

K. 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.

 

L. 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.

 

M. 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.

 

N. 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.

 

O. 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.

 

P. 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.

 

Q. 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.

 

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

 

A. Ordinance No. 30-2021 - Low Impact Development (LID) - Conduct the public hearing for Ordinance No. 30-2021 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.

 

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 (attached). 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 (7:0) 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.

 

B. Ordinance No. 31-2021 Relating to Social Services in the Indian River City Neighborhood (IRCN) Zoning District - Conduct the first reading and first public hearing of Ordinance No. 31-2021 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 for

severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (This is the first of two required public hearings. The second public hearing is scheduled to be heard by the City Council on November 9, 2021 beginning at 6:30 PM.)

 

The Planning and Zoning Commission will consider this ordinance at their meeting on November 3, 2021. 

 

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.

 

C. Comprehensive Plan Amendment (CPA) Application No. 1-2020 Titusville Mall Conduct the public hearing for Ordinance No. 27-2021 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.

 

AND

 

Ordinance No. 28-2021 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.

 

AND

 

Ordinance No. 29-2021 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.

 

The comprehensive plan amendment to the Future Land Use Element is a legislative item. The comprehensive plan amendment to the Future Land Use Map is a legislative item. The Rezoning request with master plan is a quasi-judicial item.

 

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.

10. ORDINANCES-FIRST READING

 

A. Comprehensive Plan Amendment (CPA) 2-2021 Property Rights Element - Conduct the first reading of Ordinance No. 32-2021 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 (CPA) 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. (This is the first reading. The second reading and public hearing is scheduled to be considered by City Council on November 9, 2021.)

 

The Planning and Zoning Commission, acting as the Local Planning Agency, considered this plan amendment on October 20, 2021 and recommended approval, 7-0.

 

11. OLD BUSINESS

 

12. NEW BUSINESS

 

A. Titusville Environmental Commission (TEC) Recommendation Related to the Titusville Landscape

Gateway and Signage Concept Plan - Receive the recommendation and provide direction to staff as

desired.

 

B. Titusville Environmental Commission (TEC) Recommendation Related to the Public Landscape Trust

Fund - Receive the recommendation and provide direction to staff as desired.

 

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

 

14. MAYOR AND COUNCIL REPORTS

 

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

 

B. Council Reports - City Council Members will provide their individual reports.

 

15. CITY MANAGER’S REPORT

 

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

 

16. CITY ATTORNEY’S REPORT

 

A. LIBOR (London Interbank Offered Rate) class action litigation settlement discussion - For Informational Purposes. City Attorney's Office will continue to monitor the status of the LIBOR Green Pond class action litigation settlement.