Regular City Council - November 23, 2021 at 6:30 PM

                                                                                                                                                                                            

 

City Council 

Regular Meeting

November 23, 2021

 

The City of Titusville City Council met in regular session on Tuesday, November 23, 2021, at Titusville Fire and Emergency Services (Fire Department), second floor, Multipurpose Room, 550 South Washington Avenue, Titusville, Florida 32796. Mayor Diesel called the City Council meeting to order at 6:30 p.m. 

 

Those present in the Multipurpose Room included Mayor Daniel E. Diesel, Vice-Mayor Jo Lynn Nelson, City Council Members Robert Jordan, Jr. (Member Robert Jordan, Jr. was selected as the Vice-Mayor later in the meeting), Joe C. Robinson, and Dr. Sarah Stoeckel. City Manager Scott Larese, City Attorney Richard Broome, and Assistant City Clerk Jolynn Donhoff, who completed the minutes of the meeting, were also present. 

 

Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag. Assistant City Clerk Jolynn Donhoff read the procedures for public comment and participation. City Manager Larese advised that the City Council meeting was being held at the Fire Department, due to the elevator at City Hall was being repaired.   

 

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SPECIAL RECOGNITIONS & PRESENTATIONS – None. 

 

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Council made two changes to the meeting agenda, as followed: 


Motion:

Vice-Mayor Nelson moved Agenda Item 9 C - Conditional Use Permit (CUP) No. 8-2021 – State Road (SR) 405 and Grissom Parkway Gas Station as the next agenda item to be heard and considered on the Council’s agenda. Member Jordan (Member Robert Jordan was selected as the Vice-Mayor later in the meeting) seconded the motion and it carried unanimously. 

 

Motion:

Vice-Mayor Nelson moved to add an additional agenda item to the Consent Agenda, being Item No. 8 U – Scope and Fee for S&ME, Inc. to Provide Planning Services to Complete a Telling the Full History Preservation Fund Grant. Member Jordan (Member Robert Jordan was selected as the Vice-Mayor later in the meeting) seconded the motion and it carried unanimously. 

 

(An addendum to the regular City Council meeting agenda of November 23, 2021 at 6:30 PM that added Consent Agenda Item No. 8 U – Scope and Fee for S&ME, Inc. to Provide Planning Services to Complete a Telling the Full History Preservation Fund Grant was also published and posted more than 24-hours prior to the Council meeting). 


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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION Agenda Item 9 C – 

 

Conditional Use Permit (CUP) No. 8-2021 – State Road (SR) 405 and Grissom Parkway Gas Station – City Attorney Broome read and reviewed the Quasi-Judicial Rules of Procedure.

 

Member Stoeckel reviewed her familiarity with the subject site of Conditional Use Permit (CUP) Application No. 8-2021, information that she saw on a social media post (Facebook), and receiving an email from a resident that felt or indicated the proposed project did not fit with the nearby neighborhood(s). Member Stoeckel also advised that she had formed no opinion about the requested CUP. Mayor Diesel advised that he received the same email about the project. Member Robinson and Vice-Mayor Nelson advised that they had driven by the subject site. Member Jordan (Member Robert Jordan was selected as the Vice-Mayor later in the meeting) also received the email or correspondence, as discussed. 

 

City Manager Larese highlighted the request provided in the Council agenda packet. The request was to conduct a public hearing and review Conditional Use Permit No. 8-2021 for storage or use of a regulated substance in the Area of Critical Concern (ACC), in order to establish a retail fuel sales use with convenience store at 1245 Grumman Place. The subject property was located at the northwest corner of the intersection of Columbia Boulevard (SR405) and Grissom Parkway. Additionally, City Manager Larese reviewed the following information from the Council agenda packet: 

 

The Titusville Environmental Commission had recommended approval (5:2) with the conditions that the applicant provide a report to the City Council with the following information: life span of all fuel equipment, record of how many alarms go off at locations of the proposed owner, how many tank failures have happened, how many tanker spills, response time to system failures, and cleanup process. Members voting in opposition expressed concerns about toxins that do not go away and stated the tank should be above ground, and because there is no reconciliation to a system failure and there should be a backup tank to capture 110% volume if there was a system failure.

 

The Planning and Zoning Commission considered this request at their November 17, 2021 meeting and had recommended approval as presented, 7-0.

 

Community Development Director Peggy Busacca highlighted the staff report and information provided in the Council agenda packet on the proposed Conditional Use Permit (CUP) application. Staff also distributed a one page aerial view of the subject site that depicted adjacent properties. Brief Council discussion ensued on questions related to the distance from the subject site to nearby residences and the lifespan of underground tanks and their approximate replacement schedule. 

 

Mayor Diesel opened the public hearing.

 

Matt Williams, on behalf of the CUP application and project, distributed one page with information to the Council. He discussed technology related to the proposed underground tanks, criteria being met, the Planning and Zoning Commission’s recommendations, distance of the proposed underground tanks (in feet) from the nearest drinking well, other individuals that were at the meeting and that represented the project were available to answer questions, etc.   

 

Per Vice-Mayor Nelson’s inquiry, discussion ensued on how spills from underground tanks were handled, etc. Staff also drew attention to page no. 571 of the agenda packet. 

 

Robert Grassman of Wawa, Inc. and an engineer on behalf of the CUP application and project, discussed many details on tanks, the lifespan of tanks, annual inspections, piping, holding tanks, ways to capture fluids in other areas, monitoring technology, tank replacement, etc. 

 

Per Mayor Diesel’s inquiry, discussion ensued on how deep tanks were installed underground (25-feet), the construction of a tank’s barrier (double ply construction), how damage to tanks was determined, which was detected by exact volume loading calculations, tank walls were substantially rigid, inspecting tank walls was performed by draining tanks and having consultants inspect the inside of tanks, retrofitting older tanks, etc. 

 

Nathan Slusher declined to speak when called.

 

Bill Teixeira distributed information. He expressed concerns for groundwater pollution and the proximity of the proposed underground fuel tanks to nearby development. 

 

Courtney Charvet distributed information and expressed concerns on drinking water and groundwater pollution. He discussed a petition to not approve a gas station at the entrance to the Meadowridge Neighborhoods. He also feared fuel spills in the Area of Critical Concern (ACC), etc.  

 

Mayor Diesel reviewed questions with Community Development Director Busacca and discussed the crux or focus of the action that was being requested of the City Council. It was noted this project would undergo substantial and additional review procedures. 

 

Robert Grassman of Wawa, Inc. and an engineer on behalf of the CUP application and project, commented on the public’s concerns for fuel spills from underground tanks. 

 

Vice-Mayor Nelson reviewed questions on the nearby boundary of the Area of Critical Concern (ACC). Staff indicated the proposed tanks would be located at the farthest edge of the ACC. Tank containment, surface materials, and containment areas were also discussed. 

 

Shauna Charvet referred to information distributed by Mr. Courtney Charvet. She expressed concerns on the safety of her neighborhood, individuals lurking around, the nearby school, too much congestion with an additional gas station being added to the area, fear of losing nice trees with new development, the water table, gas spills causing damage to the environment and threating public safety, wildlife, light pollution at nighttime shining into the nearby neighborhoods and hospice businesses, etc.

 

Stan Johnston reviewed the Titusville Environmental Commission’s recommendations and vote,   the difference of extremely hazardous materials, his disagreement with amending the Council agenda and moving the agenda item up during the meeting, issues not being addressed, an example of a leak that concerned him, etc.  

 

Mayor Diesel invited the applicant and its representatives to rebuttal any of the public comments. 

 

Member Robinson and staff discussed his questions related to the potable water and confirmation that the Fire and Emergency Services and Water Resources (Departments) had no concerns. 

 

Vice-Mayor Nelson and staff discussed her questions and concerns related to trees and lighting from the project impacting the nearby neighboring properties. Sean Fortier, a civil engineer on behalf of the CUP application and project, provided information in response to Vice-Mayor Nelson’s questions and concerns. Robert Grassman of Wawa, Inc. also provided information on light emitting diode (LED) lighting that was designed and angled facing downward. 

 

Mayor Diesel requested that wherever trees could be saved to save them. He also reviewed the specific requested action that was the focus of the public hearing. (The request was to conduct a public hearing and review Conditional Use Permit No. 8-2021 for storage or use of a regulated substance in the Area of Critical Concern (ACC), in order to establish a retail fuel sales use with convenience store at 1245 Grumman Place)

 

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

 

Motion:

Member Jordan (Member Robert Jordan was selected as the Vice-Mayor later in the meeting) moved to approve Conditional Use Permit Application No. 8-2021, as recommended by staff. 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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BOARDS AND COMMISSIONS

 

Titusville Environmental Commission – The request was to appoint four regular members and one alternate member to the Titusville Environmental Commission for three-year terms to expire on November 30, 2024. The terms of regular members Thomas Perez, Linwood "Woody" Rice, Laurilee Thompson and Beth Ann Tucker were due to expire on November 30, 2021. The term of alternate member William Young was also due to expire on November 30, 2021. All aforementioned individuals desired being reappointed for terms to expire on November 30, 2024. Additionally, an application from Mr. Robert Stanley Johnston was distributed to the City Council for consideration. There were no other applications on file.

 

Robert Stanley Johnston commented on behalf of his application. His main concern was for a prior sewer spill, its handling by City staff, and any threat to public health and safety caused by the spill. This was the subject matter or the types of concerns that he desired addressing, if appointed to serve on the Commission. 

Motion:

Member  Jordan (Member Robert Jordan was selected as the Vice-Mayor later in the meeting) moved to reappoint Thomas Perez, Linwood “Woody” Rice, Laurilee Thompson, and Beth Ann Tucker as regular members on the Titusville Environmental Commission, for three-year terms to expire on November 30, 2024. 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. 

 

Motion:

Member Jordan (Member Robert Jordan was selected as the Vice-Mayor later in the meeting) moved to reappoint William Young as an alternate member on the Titusville Environmental Commission, for a three-year term to expire on November 30, 2024. 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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Board of Trustees of the General Employees' Pension Plan – The request was to appoint one member to the Board of Trustees of the General Employees' Pension Plan for a three-year term to expire on November 30, 2024 and confirm one member chosen by a majority of the four (4) remaining trustees of the General Employees' Pension Plan for a term to expire on November 30, 2024. The term of Member Terry Tolbert was due to expire on November 30, 2021. Member Tolbert had expressed his desire to continue serving on the Board. 


In addition, Stan Retz was appointed by the remaining four trustees of the Board of Trustees of the General Employees' Pension Plan to serve an additional three years term until November 30, 2024. This appointment was made on November 16, 2021 and required the City Council’s confirmation, in order for Mr. Retz to continue serving on the Board. 

 

Motion:

Member Jordan (Member Robert Jordan was selected as the Vice-Mayor later in the meeting)  moved to reappoint Terry Tolbert as a member of the Board of Trustees of the General Employees' Pension Planfor a three-year term to expire on November 30, 2024, Vice-Mayor Nelson seconded the motion and the roll call vote was:

 

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

 

The motion carried unanimously. 

 

Motion:

Member Jordan (Member Robert Jordan was selected as the Vice-Mayor later in the meeting)  moved to confirm the appointment of Stan Retz to the Board to the Trustees of the General Employees' Pension Plan to serve an additional three years, for a term to expire on November 30, 2024. Vice-Mayor Nelson seconded the motion and the roll call vote was:

 

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

 

The motion carried unanimously. 

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

 

Stan Johnston expressed concern on a prior sewer spill from approximately December 2020 and January 2021, concern if human waste flowed into the Indian River Lagoon, the City’s compliance with a Consent Order related to the sewer spill (order issued by a State government agency), his opinions on these matters, etc.

 

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CONSENT AGENDA

 

Member Robinson and Police Department Chief Joh Lau discussed his questions on Consent Agenda Item 8 H. 

 

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

 

  1. Work Order for Engineering Services to Complete a State Revolving Fund Water Facilities Plan - Approve the award of Work Order # AECOMWR017 to AECOM Technical Services, Inc., Orlando, FL in the amount of $52,284 to provide engineering consulting services including, but not limited to, the preparation of a SRF Water Facilities Plan.

 

  1. FY 2021 Year End Budget Adjustments - Approve the FY 2021 Year End Budget Adjustments.

 

  1. Advisability - Titusville Fire Department/SCRA Fire Station Consolidation Analysis - Fire Department staff will conduct a consolidation analysis, examining the benefit of staffing the Space Coast Regional Airport (SCRA) Fire Station. Staffing an apparatus with firefighter/paramedics at the SCRA Fire Station will provide needed coverage for citizens of Titusville in the south end of the City, surrounding the airport. Additionally, protection services can be provided to the Airport itself. The degree of such benefit will be determined in the study. 

 

  1. Award of Contract - Space View Park Alum Treatment - Approve award of bid #21-B-001 for Space View Park Alum Treatment to MAS Environmental, LLC of Tampa, Florida in the amount of $84,619 to operate the City's alum treatment system and provide repair services as required. Additionally, authorize the Mayor to execute the contract or necessary purchasing instrument upon review and approval of City staff.

 

  1. Award of Contract - Splash Pad O&M - Approve award of bid #22-B-006 for Sand Point Park Splash Pad O&M Services to JD Atlantic Pool Services, LLC of New Smyrna, Florida in the annual amount of $47,400 to operate and maintain the City's splash pad. Additionally, authorize the Mayor to execute the contract or necessary purchasing instrument upon review and approval of City staff.

 

  1. Fleet Services - Add Vendors to Vendor of Record - Approve the addition of vendors for Fleet services to the approved over $15k vendor of record for "Vehicle Repairs" and "Vehicle Repair Parts" and increase the annual estimated expenditure for the vehicle repairs commodity from $400,000 to $650,000 and the vehicle repair parts commodity from $255,000 to $350,000.

 

  1. Purchase of a Replacement Wheel Loader for Water Production - Approve the use of the Florida Sherriff's Association Cooperative Program Bid Award FSA20-EQU18.0 using Great Southern Equipment Company as a vendor to purchase a replacement Hitachi ZW120 Wheel Loader in the amount of $97,779, approve a budget amendment, and authorize the Mayor to execute the necessary purchasing documents.

 

  1. Collective Bargaining Agreement between the Florida State Lodge Fraternal Order of Police, Inc. representing Police Officers, Corporals, Sergeants, and Dispatchers and the City of Titusville - Approve the amendments to the Collective Bargaining Agreement between the FOP representing Police Officers, Corporals, Sergeants, and Dispatchers and the City of Titusville reopened in accordance with Article 38.

 

  1. Collective Bargaining Agreement between the Florida State Lodge Fraternal Order of Police, Inc. representing Lieutenants and the City of Titusville - Approve the amendments to the Collective Bargaining Agreement between the FOP representing Lieutenants and the City of Titusville which was reopened in accordance with Article 38.

 

  1. Accept FY22 Victim of Crime Act (VOCA) Grant Award - Accept the FY2022 VOCA Grant in the amount of $55,831.00 to fund the FY2022 Victim/Family Advocate position and approve the budget amendment upon receipt of the funds.

 

  1. Save Our Indian River Lagoon Contingency Funding Agreement - Draa Field Vegetation Harvesting Project - Approve the Save Our Indian River Lagoon Project Cost-Share Funding Interlocal Agreement between the City of Titusville and Brevard County in the amount of $29,053 in additional funding toward the Draa Field Pond Vegetation Harvesting project, approve associated budget amendment and authorize the Mayor to execute the agreement.

 

  1. America Rescue Plan Act - Water Resources Projects - Approve the use of American Rescue Plan Act (ARPA) Investments in the amount of $300,000 to assist in funding the construction of the Indian River Force Main Project and the associated budget amendment.

 

  1. Work Order for Engineering Services for the Mourning Dove WTP Sand Filter Rehabilitation Project - Approve the award of Work Order #8 to Wright-Pierce, Inc., Orlando, FL in the amount of $152,000 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 Mourning Dove WTP Sand Filter Rehabilitation Project, and authorize the Mayor to execute the Work Order.

 

  1. Purchase of 6-Inch Portable Pump for Water Reclamation - Approve the use of the Florida Sherriff's Association Cooperative Program Bid Award FSA20-EQU18.0 to purchase a 6-Inch portable pump from Thompson Pump & Manufacturing Co., Inc. of Port Orange, FL in the amount of $41,269, approve a budget amendment, and authorize the City Manager to execute the purchase order.

 

  1. Work Order for Engineering Services for the Osprey Reject Tank Piping Improvements Project - Approve the award of Work Order #9 to Wright-Pierce, Inc., Orlando, FL in the amount of $32,280 to provide engineering services for an alternative’s analysis for the Osprey WRF Reject Tank Piping Improvements Project, and authorize the City Manager to execute the Work Order.

 

  1. Work Order - Stormwater Billing Assistance - Approve Work Order to CPH, Inc. of Orlando Florida in the amount of $24,584.31 to complete a review of the stormwater utility billing methodology and make recommendations for improvements and authorize City Manager to execute.

 

  1. Purchase of 60" Slope Mower Attachment - Approve the use of Sourcewell Contract #070821-AGI to purchase a Alamo 60" slope mower attachment in the amount of $19,166.20 with the purchase order being issued to Everglades Farm Equipment of Leesburg, FL which is the Alamo dealer for our area.

 

  1. Award of Contract - Baffle Box Design/Build - Approve the award of contract to SDV Services LLC of Titusville, FL for the design and construction of 2 Baffle Boxes in the amount of $724,900.00; and authorize the Mayor to execute the contract.

 

  1. Enhanced Water Treatment Project State Revolving Fund Loan Support Services - Approve the award of Work Order #WR017 to AECOM Technical Services, Inc., Orlando, FL in the amount of $60,418 to provide engineering consulting services to assist with the State Revolving Fund (SRF) loan requirements for the Enhanced Water Treatment Project at the Mourning Dove Water Treatment Plant, approve a budget amendment, and authorize the Mayor to execute the work order.

 

  1. Engagement Letter to Retain Kenneth Artin, Esq. of the Bryant Miller Olive, PA Law Firm as Counsel to the City of Titusville - Authorize Council to accept the Engagement Letter from Attorney Kenneth Artin to expand legal services with Bryant Miller Olive relating to review of the Tranquility Community Development District.

 

  1. Scope and Fee for S&ME, Inc. to Provide Planning Services to Complete a Telling the Full History Preservation Fund Grant - Approve the Scope & Fee for S&ME, Inc. to provide planning services to complete Telling the Full History Preservation Fund Grant. 

 

Stan Johnston submitted public speaking cards on Consent Agenda Items A, B, D, E, G, K, M, N, O, and S. He discussed reasons why he was neutral on Items K, O, and S; however, he also advised that he did not have time to review Item S, but he was displeased with staff. Additionally, Mr. Johnston discussed why he was against Items A, B, D, E, G, M, and N. 

 

Nathan Slusher submitted public speaking cards on Consent Agenda Items A and S. He requested and received clarification on the purpose and funding structures for the agenda items.  

 

Member Robinson and staff briefly discussed his questions on Consent Agenda Item 8 G.  

 

Motion:

Member Jordan (Member Robert Jordan was selected as the Vice-Mayor later in the meeting)  moved to approve Consent Agenda Items A through U, in accordance with the recommendations. 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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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Ordinance No. 33-2021 - Development Fees – City Attorney Broome read Ordinance No. 33-2021 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY INCORPORATING AND ADOPTING FEES RELATED TO BUILDING INSPECTION AND PERMIT FEES, FIRE PERMIT AND INSPECTION FEES, SPECIAL EVENT APPLICATION FEES, AND COMMUNITY DEVELOPMENT FEES; AMENDING CHAPTER 6 “BUILDING AND BUILDING REGULATIONS” BY AMENDING SECTION 6-57 “APPLICATION FORM” AND CREATING SECTION 6A-1 “BUILDING INSPECTION AND PERMIT FEES”; AMENDING CHAPTER 9 “FIRE PREVENTION AND PROTECTION” BY AMENDING SECTIONS 9-6 “BONFIRES AND OUTDOOR RUBBISH FIRES” AND 9-12 “OCCUPANCY INSPECTION FEE SCHEDULE”, AMENDING CHAPTER 11 “LICENSES AND REGULATIONS” BY AMENDING SECTION 11-502 “PERMIT APPLICATION” AMENDING DEVELOPMENT REVIEW PROCEDURES MANUAL BY CREATING SECTION 17 “FEES”; PROVIDING FOR FINDINGS, RATIFICATION, 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 agenda item as provided in the Council agenda packet. 

 

Mayor Diesel opened the public hearing. 

 

Stan Johnston reviewed his concerns on costs. He also discussed that he was displeased with a particular department in the City. 

As there were no other individuals that wished to speak, the public hearing was closed. 


Motion:

Member Jordan (Member Robert Jordan was selected as the Vice-Mayor later in the meeting)  moved to approve Ordinance No. 33-2021, as recommended. 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. 34-2021 - Relating to Solar Facilities – City Attorney Broome read Ordinance No. 34-2021 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES CHAPTER 28 “ZONING” TO ALLOW SOLAR FACILITIES AS A PERMITTED USE IN THE GENERAL USE (GU)  AND INDUSTRIAL (M-2) ZONING DISTRICTS BY AMENDING SECTIONS 28-54 “USE TABLE” AND CREATING SECTION 28-255.5 “SOLAR FACILITY”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time by title only. (This was scheduled as the first of two required public hearings. The second and final public hearing was originally scheduled to occur on December 14, 2021; however this would not take place based on the following action at this meeting). 

 

City Manager Larese highlighted the agenda item as provided in the Council agenda packet. The Planning and Zoning Commission considered this ordinance on November 17, 2021 and recommended approval as presented, 7-0.

 

Member Jordan (Member Robert Jordan was selected as the Vice-Mayor later in the meeting) desired adding and allowing solar facilities as a permitted use in all of the City’s Industrial and Manufacturing zoning districts. Council and staff discussed expanding the scope of the ordinance, which would require re-advertising a new or revised ordinance. 

 

Mayor Diesel opened the public hearing. 

 

Stan Johnston commented on General Use (GU) zoned properties. He also commented on his concerns on a property with a wetland, his recollection that a change to the zoning of a property occurred based on a survey, another acre parcel and its history, Open Space and Recreation (OR) zoning, etc. He indicated his request was for Council to consider other zoning categories in the proposed ordinance. 

 

There were no additional persons that wished to speak.

 

By consensus approval, Council withdrew Ordinance No. 34-2021 and authorized staff to draft and re-advertise a new and revised ordinance for the purpose of adding and allowing solar facilities as a permitted use in all of the City’s Industrial and Manufacturing zoning districts. The indication was this would add and include Light Industrial Services and Warehousing (M-1) zoning, Highway Industrial Infill (M-3) zoning, and Planned Industrial Development (PID) zoning areas. A new and revised ordinance would be advertised and presented for City Council’s consideration at upcoming City Council meetings and public hearings. 

 

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Conditional Use Permit (CUP) No. 8-2021 – State Road (SR) 405 and Grissom Parkway Gas Station – The Council considered this agenda item earlier in the meeting. 

 

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The following item was subject to the Quasi-Judicial Rules of Procedure.

 

Resolution No. 39-2021 - Vacate Right of Way (ROW) Application No. 2-2021, Aguinaldo Avenue - City Manager Larese highlighted the agenda item as provided in the Council agenda packet. The request was to conduct the public hearing and adopt Resolution No. 39-2021 vacating, abandoning, and discontinuing certain public streets for a portion of the public right-of-way of Aguinaldo Avenue and providing for an effective date. The Planning and Zoning Commission considered this item on November 17, 2021 and recommended approval as presented, 7-0.

 

Community Development Director Busacca briefly highlighted the staff report provided in the Council agenda packet. She also commented on staff recommended conditions of approval, should the Council consider approving the applicant’s request. 

 

Mayor Diesel opened the public hearing. 

 

Rodney Honeycutt, P.E., on behalf of the application, reviewed the history of or purpose of the requested action, a portion of the larger subject site that was never vacated, and he and his client had agreed to staff’s conditions of approval.

 

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



Motion:

Member Jordan (Member Robert Jordan was selected as the Vice-Mayor later in the meeting) moved to approve Resolution No. 39-2021 and Vacation Right of Way (ROW) Application No. 2-2021, as recommended by staff, which included the following conditions: (1) That cross access and maintenance easements are provided over all existing City owned utilities, Florida Power and Light, AT&T, Spectrum and Florida City Gas facilities in the area to be vacated; and (2) In the event that compliance with the conditions set forth herein was not achieved within one-hundred eighty (180) days of the date of approval of this vacation, Resolution No. 39-2021 shall become null and void. Member Stoeckel 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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ORDINANCES-FIRST READING

 

Ordinance No. 35-2021 - Capital Improvement Element Annual (CIE) Update – City Attorney Broome read Ordinance No. 35-2021 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, UPDATING THE FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE OF THE COMPREHENSIVE PLAN OF THE CITY OF TITUSVILLE FOR THE 2022 – 2026 HORIZON RELATING TO THE CAPITAL IMPROVEMENT ELEMENT; 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. The Planning and Zoning Commission/Local Planning Agency would consider this item at their meeting on December 8, 2021.

 

Stan Johnston submitted a public speaking card. He indicated that Council was provided his handout or information that he distributed earlier in the evening (at the regular City Council meeting at 5:30 PM on November 23, 2021). He was opposed to the proposed ordinance. He felt that stormwater maintenance and operational systems outside the City limits needed to be maintained and the City should obtain federal funding to do this; otherwise the City could be negatively impacted in the future. 

Ordinance No. 35-2021 was read by title only. The public hearing on the proposed ordinance was scheduled for the regular City Council meeting on December 14, 2021.

 

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OLD BUSINESS – None.

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NEW BUSINESS

 

Selection of a Vice-Mayor – The request was for Council to nominate and select a Vice-Mayor. Council discussed their individual viewpoints on the requested action. 

 

Stan Johnston submitted a public speaking card. He desired three council members resign from the Council. He also discussed his dissatisfaction with a prior sewer spill and concern for contaminants, etc. 

 

Robert Jordan and Jo Lynn Nelson indicated they were willing to serve as the Vice-Mayor and they discussed their strengths and preferences related to the position’s responsibilities. Member Stoeckel commented that other cities had varying procedures of how they selected the Vice-Mayor. Mayor Diesel advised that all of the Council Members were excellent candidates. After some discussion, Jo Lynn Nelson withdrew her name from further consideration. Mayor Diesel nominated Robert Jordan to serve as the Vice-Mayor. There were no other nominations. By consensus approval, the Council selected Robert Jordan as the Vice-Mayor.

 

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Designation of the Chair and Vice-Chair of the Titusville Community Redevelopment Agency - The request was for Council to designate the Chair and Vice-Chair of the Titusville Community Redevelopment Agency (CRA). 

 

Stan Johnston submitted a public speaking card. He expressed concerns on a prior sewer spill, etc. 

 

Mayor Diesel advised that the Mayor of the City Council traditionally served as the Chairperson of the CRA.

 

 

 

Motion:

Vice-Mayor Jordan moved to designate Daniel E. Diesel as the Chairperson of the Titusville Community Redevelopment Agency (CRA). Member Stoeckel seconded the motion and it carried unanimously. 

 

Mayor Diesel advised that Vice-Mayor Robert Jordan would also serve as the Vice-Chair of the Titusville Community Redevelopment Agency. There was no objection from Council. 

 

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Update Council Member Appointments to Serve on Outside Agencies - The request was for Council to update Council Member appointments to serve on Outside Agencies. Members of City Council were appointed to serve on various outside agencies to represent the interests of the citizens of the City of Titusville.

 

Stan Johnston submitted a public speaking card. He requested the City Council discontinue their involvement in outside agencies, due to he felt the issues that concerned him were being ignored. 

 

Council did not make any changes to the prior annual outside agency appointments, with the exception that a scrivener error correction was made to the Space Coast Transportation Planning Organization Alternate (SCTPO) Member Representative. Member Robinson advised that he had been serving as the City’s alternate representative on the SCTPO. By consensus, Council indicated that Member Joe C. Robinson was the alternate member and had been representing the City as such; therefore, the 2021 outside agency appointments were, as followed: 

 

  • Florida League of Cities: Current Member – Dr. Sarah Stoeckel, Alternate – Joe C. Robinson.

 

  • Space Coast League of Cities: Current Member – Dr. Sarah Stoeckel, Alternate – Joe C. Robinson 

 

  • Space Coast Transportation Planning Organization: Current Member – Robert L. Jordan, Jr., Alternate - Joe C. Robinson. (More information on the City’s SCTPO representatives was scheduled for the regular City Council meeting of December 14, 2021). 

 

  • North Brevard Commission on Parks and Recreation: Current Member – Daniel E. Diesel, Alternate Member – Jo Lynn Nelson.

 

  • Economic Development Commission of Florida Space Coast: Current Member –           Jo Lynn Nelson (voting member), Alternate Member – Daniel E. Diesel (non-voting member).

 

  • North Brevard Economic Development Zone/Spaceport Commerce Park Authority:  Current Member – Daniel E. Diesel, Alternate Member – Robert L. Jordan, Jr. 

 

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) – None. 

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MAYOR AND COUNCIL REPORTS

 

Mayor's Report - Mayor Diesel submitted his written report, as provided in the Council agenda packet. 

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Council Reports – 

 

Member Robinson commented on how the COVID-19 pandemic had disrupted the City from hosting the 2020 and 2021 Annual Boards and Commissions Appreciation Dinner. To this, Council requested City Manager Larese report back to Council with information on holding a Board and Commissions Ceremony and Appreciation Dinner during the spring of 2022. It was noted that in place or lieu of holding the annual ceremony in 2020 and 2021, the City had issued appreciation certificates to the City’s board and commission members. Some volunteers also received plaques for years of service. 

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Member Robinson thanked and honored U.S. military veterans, with respect to Veterans Day that was recognized on November 11, 2021. 

 

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Member Nelson commented on recent events or the upcoming opening related to the Boys and Girls Club. 

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Vice-Mayor Jordan commented on not being able to attend the upcoming Christmas parade. 

 

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Mayor Diesel reviewed his recent visit with City Manager Larese to Imperial Estates Elementary and the presentation provided to the students on City government. 

 

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CITY MANAGER’S REPORT

 

City Manager's Report - City Manager Larese submitted his written report, as provided in the Council agenda packet. One item required the Council’s consideration. 

 

2022 Appointment of League Voting Delegate Director - The By-Laws of the Space Coast League of Cities required each municipality appoint a Voting Delegate and an Alternate to the League every December. 

 

Motion:

Vice-Mayor Jordan moved to approve Council Member Dr. Sarah Stoeckel to serve as the 2022 Voting Delegate/Director to the League. The motion also included approving Council Member Joe C. Robinson to serve as the 2022 Alternate Voting Delegate/Director to the League. Member Nelson seconded the motion and it carried unanimously. 

 

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The remaining items on the City Manager’s Report were informational only, as followed:

 

  • Surplus Asset Disposal
  • Special City Council meeting on January 18, 2022 at 5:00 p.m. at City Hall (Community Development Block Grant or CDBG funding requests)
  • Special City Council meeting on February 19, 2022 at 9:00 a.m. at City Hall (Fiscal Year 2023 Strategic Planning meeting and Community Conversation)
  • Special City Council meeting on March 15, 2022 at 5:30 p.m. (Fiscal Year 2023 Strategic Planning meeting and Staff Workshop)

 

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CITY ATTORNEY’S REPORT

 

New lawsuit, Hair vs. City of Titusville, et al. – A memorandum was provided in the Council agenda packet for the Council’s information. No action was requested. 

 

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With no further business to discuss, the meeting adjourned at 9:10 p.m.