Regular City Council - December 14, 202 at 6:30 PM

City Council

Regular Meeting

December 14, 2021

 

The City of Titusville City Council met in regular session on Tuesday, December 14, 2021, at Titusville Fire and Emergency Services, 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 Council Chamber included Mayor Daniel E. Diesel, Vice-Mayor Robert L. Jordan, Jr., and City Council Members Jo Lynn Nelson, Joe C. Robinson, and Dr. Sarah Stoeckel. Also present were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant Emily Campbell completed the minutes.

 

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

 

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APPROVAL OF MINUTES

 

Motion: Vice-Mayor Jordan moved to approve the minutes of the regular City Council meetings on October 26, 2021 (6:30 p.m.) and November 9, 2021. Member Nelson seconded the motion.

 

The motion carried unanimously. 

 

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City Manager Larese stated that staff requested withdrawing Item 9A – Ordinance No. 34-2021 - Relating to Solar Facilities.

 

Motion:

Vice-Mayor Jordan moved to withdraw Item 9A – Ordinance No. 34-2021 - Relating to Solar Facilities, as requested. Member Nelson seconded the motion. 

 

The motion carried unanimously.

 

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SPECIAL RECOGNITIONS & PRESENTATIONS

 

Presentation of the Titusville/Farmton (TIFA), LLC FY 2022 Budget and FY 2023 Pro Forma Projections – Water Resources Director Sean Stauffer and TIFA Board Member Jim Ball who represented the City of Titusville presented a powerpoint on the TIFA 2022 budget. The presentation highlighted as follows:


  • Pre-Area IV
  • Surficial Aquifer
  • Problem
  • New Water Sources
  • Study Findings
  • TIFA LLC
  • 2022 Budget Drivers
  • Water Rate Projections

 

Mayor Diesel thanked Water Resources Director Sean Stauffer and TIFA Board Member Jim Ball for their presentation.

 

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Sand Point Park Sewer Spill Update to City Council - Water Resources Director Sean Stauffer presented a powerpoint on the Sand Point Park sewer spill and consent order update. The presentation highlighted as follows:

 

  • Sand Point Stormwater Ponds Evaluation
  • Crossings Assessment
  • High Vulnerability Crossings
  • Crossings Assessment
  • CMOM & AM
  • Early Warning System
  • New FTE
  • Force Main Replacement
  • Penalties & Costs
  • P2 Project
  • Mourning Dove WTP Improvements
  • Osprey Nutrient Removal Upgrade

 

Mayor Diesel asked Water Resources Director Sean Stauffer what was expected on the finalized report that was not shown today.

 

Water Resources Director Sean Stauffer stated that the stormwater consultant, Environmental Consulting & Technology, Inc. (ECT), took samples of the sediment on the bottom of the ponds in Sand Point Park as well as surveys and they would come back with a final report and recommendation on actions that could be taken by the City of Titusville.

 

Mayor Diesel stated that the private crossings were not the City’s responsibility. If the private crossings were to have any issues then the City would have problems as well. Mayor Diesel asked Water Resources Director Sean Stauffer if there was anything the City could do besides sending them letters and recommendations.

 

Water Resources Director Sean Stauffer stated that the letters had the City’s contact information so if anything were to go wrong, the City would go out and help them address the situation immediately.

 

Mayor Diesel stated that he wanted to see the problems addressed at the private crossings before something goes wrong instead of after and asked Water Resources Director Sean Stauffer if the City could make the property owners update the private crossings to Titusville’s standards.

 

Water Resources Director Sean Stauffer stated that he would speak to the legal department to see what could be done. Mayor Diesel stated he would like an update as soon as possible on what could be done and the finalized report.

 

Member Stoeckel asked how the crossings became private and if people were still able to build private crossings. Water Resources Director Sean Stauffer stated that private utilities could still be built in the City, but that if council wanted to change the design specs to not allow private crossings, staff could evaluate.

 

Member Stoeckel asked what would happen if the City was not able to meet the deadlines for the projects. Water Resources Director Sean Stauffer stated that within the consent order, there was language that talked about an extension to the deadlines for things that occur that are out of the City’s control, but to date, the City was on schedule.

 

Vice-Mayor Jordan stated that the private connections concerned him as well.

 

City Attorney Broome stated that he would need to talk to staff and the owners of the property where these private connections were located to see what kind of permissions the City needed to inspect the connections.

 

Member Robinson asked if the early warning system would alert the City if something were to happen to the private connections. Water Resources Director Sean Stauffer stated that they were too small to be part of the early warning system.  

 

Water Resources Director Sean Stauffer stated that the Water Resources Department had two large construction projects at the Mourning Dove Water Treatment Facility, as well as the Osprey Nutrient Removal Upgrade. Water Resources Director Sean Stauffer invited council to take a tour of either project.

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BOARDS AND COMMISSIONS

 

Titusville Environmental Commission – Chairman Laurilee Thompson presented the Titusville Environmental Commission’s semi-annual report. No action was requested.

 

Chairman Thompson distributed a copy of the editorial guest page in the Florida Today newspaper from Sunday, December 12, 2021.

 

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North Brevard County Hospital District Board - The request was to appoint one (1) regular member to the North Brevard County Hospital District Board for a four-year term to expire on December 31, 2025. Confirm one member appointed by the Brevard County Board of County Commissioners to the North Brevard County Hospital District board for a term to expire on December 31, 2025.

 

The term of Regular Member Peggy Crooks expired on December 31, 2021 and she does not wish to be reappointed at this time.

 

Mr. William "Billy" Specht expressed both his willingness and desire to serve on this board as a City Council appointee.

 

In addition, the term of Billie Fitzgerald expired on December 31, 2021. This appointment was made by the Brevard County Board of County Commissioners and was confirmed by the City Council. Ms. Fitzgerald has expressed her willingness and desire to continue to serve on this commission.

 

Billy Specht stated that he had been a resident of Titusville for thirteen years. Mr. Specht stated that his wife worked for Titusville High School and he served as a general manager at the Great Outdoors. Mr. Specht stated that Parrish was a great hospital and he looked forward to supporting it.

 

Stan Johnston distributed a Christmas letter to council and stated that on December 7th, he filed an affidavit that has to do with the North Brevard County Hospital District Board, etc.

 

Motion: Vice-Mayor Jordan moved to approve Mr. William "Billy" Specht as a regular member to the North Brevard County Hospital District Board for a four-year term to expire on December 31, 2025. Member Nelson seconded the motion and the roll call vote was:

 

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

 

The motion carried unanimously.

 

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Motion: Vice-Mayor Jordan moved to confirm reappointment of Regular Member Billie Fitzgerald appointed by the Brevard County Board of County Commissioners for a term to expire on December 31, 2025. Member Stoeckel seconded the motion and the roll call vote was:

 

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Nelson                      Yes

 

The motion carried unanimously.

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North Brevard Economic Development Zone Dependent Special District Board The request was to reappoint one (1) regular member to the North Brevard Economic Development Zone Dependent Special District Board for a four (4) year term to expire on December 31, 2025.

 

The term of regular Member Alan Matroni expired on December 31, 2021. Member Alan Matroni expressed his willingness and desire to continue to serve on this board as a City Council appointee and requested reappointment for a four (4) year term to expire on December 31, 2025.

 

In addition, the terms of Regular Members Dan Aton and Stan Retz expired on December 31, 2021. These members are appointed by the Brevard Board of County Commissioners, subject to confirmation by City Council. The Brevard Board of County Commissioners was making appointments and reappointments at their December 21, 2021 meeting.

 

City Manager Larese advised that City Council could confirm these reappointments subject to the reappointments made by the Brevard Board of County Commissioners.

 

Mr. Alan Matroni stated that he appreciated the confidence of the board and stated that he was a developer for over 40 years and had a lot of experience.

 

Stan Johnston stated that the City was wasting money. Mr. Johnston stated that the City of Titusville would not hire a professional engineer, etc.

 

Motion: Vice-Mayor Jordan moved to reappoint Alan Matroni as a regular member to the North Brevard Economic Development Zone Dependent Special District Board with a term to expire on December 31, 2025. Member Nelson seconded the motion and the roll call vote was:

 

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Nelson                      Yes

                                    Mayor Diesel                          Yes

 

The motion carried unanimously.

Motion: Vice-Mayor Jordan moved to confirm reappointments of Regular Members Dan Aton and Stan Retz to the North Brevard Economic Development Zone Dependent Special District Board subject to the reappointment by the Brevard Board of County Commissioners scheduled for December 21, 2021. Member Stoeckel seconded the motion and the roll call vote was:

 

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Nelson                      Yes

                                    Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

 

The motion carried unanimously.

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North Brevard Library District Board – The request was to appoint two (2) regular members to the North Brevard Library District Board with terms to expire on September 30, 2022 and September 30, 2023. Council will need to designate the term expiration for each member appointed to this board.

 

Ms. Suzanne Noel-Copeland expressed both her willingness and desire to serve on this board as a City Council appointee.

 

Ms. Julie Weaver expressed both her willingness and desire to serve on this board as a City Council appointee.

 

Ms. Suzanne Noel-Copeland stated that she has lived here for over sixteen years and previously served on the Planning and Zoning Commission for about five years. Ms. Noel-Copeland stated that she was a user of the Library and would like to be involved in the board.

 

Ms. Julie Weaver stated that she was a big fan of libraries and had lived in Titusville since 2019. Ms. Weaver stated that it would be an honor for her to serve on the board.

 

Motion: Vice-Mayor Jordan moved to appoint Suzanne Noel-Copeland as a regular member to the North Brevard Library District Board for an unexpired term to expire on September 30, 2022 and appoint Julie Weaver as a regular member to the North Brevard Library District Board with an unexpired term to expire on September 30, 2023. Member Stoeckel seconded the motion and the roll call vote was:

 

       Member Robinson                  Yes

        Member Nelson                      Yes

                                    Mayor Diesel                          Yes

       Vice-Mayor Jordan                 Yes

                                    Member Stoeckel                    Yes

 

The motion carried unanimously.

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Titusville Housing Authority – The request was to reappoint two (2) regular members to the Titusville Housing Authority for terms to expire on May 31, 2025. The member is appointed by the Mayor with the approval of the City Council.

 

Regular members Mary Polk and Michael Van Heusen both expressed their willingness and desire to continue to serve on this authority and have requested reappointment to a four (4) year term to expire on May 31, 2025.

 

Stan Johnston stated that he reported an issue at 1026 First Avenue regarding a 48-inch RCP going through the property. Mr. Johnston stated that a house could not be built on this property because of the pipe and the City did not get the proper easements when the pipe was installed.

 

Neighborhood Services Director Terrie Franklin stated that 1026 First Avenue was not owned by the Titusville Housing Authority, but was owned by the City of Titusville. Ms. Franklin stated that it was on the list of surplus properties to be considered for affordable housing, but was removed from that list because of the pipe.

 

Motion: Vice-Mayor Jordan moved to reappoint Regular Members Mary Polk and Michael Van Heusen to the Titusville Housing Authority for four-year terms to expire on May 31, 2025. Member Nelson seconded the motion and the roll call vote was:

 

       Member Nelson                      Yes

                                    Mayor Diesel                          Yes

       Vice-Mayor Jordan                 Yes

                                    Member Stoeckel                    Yes

                                    Member Robinson                  Yes

 

The motion carried unanimously.

 

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS)

 

Frank Margiotta stated that he was the dean of Career and Technical Education at Eastern Florida State College and the site administrator for the Titusville campus. Mr. Margiotta stated that he was approached by the Aerospace Industry to expand the Aerospace technology two-year program that was currently based in Cocoa. There was no room to expand at the Cocoa campus so he was proposing to expand the program at the Titusville campus. Mr. Margiotta stated that another initiative was the aviation maintenance program at the Melbourne International Airport that they are looking to relocate and one opportunity was to move it to the Titusville campus. Mr. Margiotta requested a letter of support from the City of Titusville to accompany the proposal.

 

Member Nelson stated that she met with Mr. Margiotta the previous week and she was excited and hopeful for the projects. Member Nelson stated that the Titusville campus was underutilized and it was nice to see someone with a vision for it.

 

Mayor Nelson stated that his career had been in education she also asked Mr. Margiotta what the population was at the Titusville campus and if they would like to see more students enrolled at the campus.

 

Mr. Margiotta stated that pre-pandemic, there was about 20,000 students attending college wide and Titusville had about 2,000 students on their campus.

 

Member Robinson asked what the job placement rate after graduation was for this program. Mr. Margiotta stated that in both the aerospace and aviation programs, it was well above 90 percent. Mr. Margiotta stated that the school had a very successful internship program with ASRC Lockheed Martin.

 

Frank Margiotta requested Council provide a letter of support for Eastern Florida State College to relocate and expand the Aviation Maintenance Technology Program to Titusville.  The letter also included support for Eastern Florida State College’s Workforce Training application to the Florida Department of Economic Opportunity, Florida Job Growth Fund and recognize funding from the Department of Economic Opportunity was necessary for program relocation and expansion.  He distributed an example of a letter of support along with additional information.  City Manager Larese advised that staff would add this request to the next agenda for the City Council.

 

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Stan Johnston stated that he taught seven engineering courses at Brevard Community College. Mr. Johnston stated that he had a Christmas letter for Council regarding the sewage spill that occurred in December 2020.

 

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Laurilee Thompson discussed the Indian River Lagoon and the starving manatees. Ms. Thompson asked City Council to write a letter to Florida Governor Ron Desantis on City letterhead asking him to order the Florida Fish and Wildlife Commission (FWC) to commence feeding the manatees now.

 

Mayor Diesel stated that he would like to help the manatees and confirmed with City Manager Larese that the City was ahead of schedule on the Indian River Lagoon actions.

 

Member Nelson stated the she would support writing the letter to Governor Desantis, but asked if FWC would let the Marine Resources Council do it.

 

City Attorney Broome stated that council could authorize the Mayor to write a letter or create a resolution that would need to come back to council.

 

City Manager Larese stated that council could contact Florida’s State Representatives.

 

Following the City Council’s discussion, Council provided their consensus to authorize the Mayor to execute a letter to the Governor of Florida Ron Desantis requesting he direct the Florida Fish and Wildlife Conservation Commission (FWC) to provide food to the manatees, based on Laurilee Thompson’s request.   Staff also advised each of the Council Members that they can individually contact their local representatives.  

 

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Vice-Mayor Jordan stated that he would like to consider Item 9C- Conditional Use Permit (CUP) Application No. 9-2021 – Childcare Facility and Item 9D - Second Amendment to Tranquility (F/K/A Antigua Bay) Development Agreement (DA) No. 2-2021 prior to the consent agenda.

 

Motion: Vice-Mayor Jordan moved to consider Items 9C- Conditional Use Permit (CUP) Application No. 9-2021 – Childcare Facility and Item 9D - Second Amendment to Tranquility (F/K/A Antigua Bay) Development Agreement (DA) No. 2-2021 prior to the consent agenda. Member Stoeckel seconded the motion.

 

The motion carried unanimously.

 

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Conditional Use Permit (CUP) Application No. 9-2021 – Childcare Facility – City Manager Larese advised that the request was to approve CUP Application No. 9-2021 to allow a childcare facility at 213 South Palm Avenue within the Downtown Sub-district of the Downtown Mixed Use (DMU)

zoning district.

 

The Planning and Zoning Commission considered this request on December 8, 2021 and recommended approval as presented by staff. Motion passed with a 7-0 vote.

 

The Community Redevelopment Agency considered this request during their meeting on December 14, 2021. The Community Redevelopment Agency recommended approval.

 

The applicant requested a Conditional Use Permit to locate a childcare facility at 213 South Palm Avenue, within the existing Education Building of the First Methodist Church campus. The property was zoned Downtown Mixed Use (DMU), Downtown Sub-district. Section 28-110 of the Land Development Regulations requires childcare facilities to obtain a Conditional Use Permit in the DMU, Downtown Sub-district zoning district. The site was previously used as a childcare - preschool for over thirty (30) years prior to discontinuing operations at the site in 2018.

 

City Attorney Broome read the quasi-judicial rules of procedures. Second Reading, Public Hearing and Related Action (Quasi-judicial) THE FOLLOWING ITEMS ARE SUBJECT TO QUASI-JUDICIAL RULES OF PROCEDURE. ANYONE WISHING TO SPEAK ON AN ITEM MUST FIRST COMPLETE AN AGENDA SIGN-UP CARD AND SIGN THE OATH CONTAINED THEREON. THOSE SPEAKING IN FAVOR OF A REQUEST WILL BE HEARD FIRST. IF YOU HAVE PHOTOGRAPHS, SKETCHES, OR DOCUMENTS THAT YOU DESIRE FOR CITY COUNCIL TO CONSIDER, THEY MUST BE SUBMITTED INTO EVIDENCE AND WILL BE RETAINED BY THE CITY. SUBMIT THESE EXHIBITS TO THE CITY CLERK.

 

Community Development Director Peggy Busacca stated that staff did an analysis and this request was consistent with the downtown mixed-use zoning, the land use designation, and the comprehensive plan and staff recommended approval.

 

The applicant and owner of Connection Kids Cheri Dunbar stated that she wanted to relocate to 213 South Palm Avenue at First United Methodist Church education building to expand her programs.

 

Motion: Vice-Mayor Jordan moved to approve Conditional Use Permit (CUP) Application No. 9-2021 – Childcare Facility, as recommended by staff. Member Nelson seconded the motion and the roll call vote was:

 

                                    Mayor Diesel                          Yes

       Vice-Mayor Jordan                 Yes

                                    Member Stoeckel                    Yes

                                    Member Robinson                  Yes

                                    Member Nelson                      Yes

 

The motion carried unanimously.

 

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Second Amendment to Tranquility (F/K/A Antigua Bay) Development Agreement (DA) No. 2-2021 – City Manager Larese advised that the request was to approve the Second Amendment to the Tranquility Development Agreement.

 

The Planning and Zoning Commission, acting as the Local Planning Agency, reviewed this request at their meeting on December 8, 2021 and recommended approval with the following motions: Motion #1 – Motion to approve Section 1 – States that the overall density of the internal parcels may be adjusted so long as the total density of the project is not increased and the zoning density is not exceeded for any individual parcel as set forth in the code and comprehensive plan. Motion passed with a 7-0 vote.; Motion #2 – Motion to approve Section 2 – Extends the time for the developer to complete an initial assessment of a site for a future fire station to be completed within two years after the effective date of the amendment, or six (6) months after notification by the City of its intent to proceed with construction of the fire station, whichever comes first. Motion passed with a 7-0 vote.; Motion #3 – Motion to approve Master Plan – Amends Parcel 5 of the master plan to delete a proposed layout for the subdivision. Motion passed with a 7-0 vote.; and Motion #4 – Motion to approve amending the Master Plan Data Table to eliminate the columns titled “Proposed Number of Units” and “Proposed Density Units/Acre”, and correcting the “Allowed Density Units/Acre” shown for the RMU-200 (single family) parcels to be consistent with the maximum density permitted under the comprehensive plan. Also, to correct the error regarding the inconsistency with the comprehensive plan in the RMU-200 from 12 units per acre to 6.7 units per acre. Motion passed 7-0.

 

The applicant, Gary Allen, Jr. on behalf of Sunbelt Titusville Investments, LLC, and Carolina Holdings II, LLC, owners, requested the approval of the Second Amendment to the Tranquility Development Agreement. The Development Agreement was approved in 2017 to allow a mixed-use development with 2,404 residential units, approximately 33 acres of commercial uses, and 100 acres of open space and recreation uses. The property was designed with Regional Mixed Use and Conservation land uses, and was zoned Regional Mixed Use (RMU) and Open Space/Recreation (OR).

 

The applicant requested several changes be made to the Development Agreement and associated master plan, as described below.

 

Section 1 – Permits the density of internal parcel may be adjusted consistent with the comprehensive plan if the total density of the project was not increased. The current Development Agreement states that the density within internal parcels may be adjust if the zoning density of the individual parcel was not exceeded.

 

Section 2 - Extends the time for the developer to complete an initial assessment of a site for a future fire station to be completed within two years after the effective date of the amendment, or six (6) months after notification by the City of its intent to proceed with construction of the fire station, whichever comes first. This request was made in conjunction with the City.

 

Master Plan – Amends Parcel 5 of the master plan to delete a proposed layout for the subdivision, and amends the Master Plan Data Table to eliminate the columns titled “Proposed Number of Units” and “Proposed Density Units/Acre”, and correcting the “Allowed Density Units/Acre” shown for the RMU-200 (single family) parcels to be consistent with the maximum density permitted under the comprehensive plan. The staff’s analysis finds the proposed amendments are consistent with the comprehensive plan and land development regulations. However, staff was concerned with the transfer of multifamily units into single family units. Approving the transfer could be used as the basis for future requests to gradually erode the multifamily parcels. The multifamily parcels are important to maintaining a mixed-use development. The staff recommended approving the transfer of existing single-family units from Parcel 5 to Parcel 1 instead. In addition, the staff recommended that a column be maintained on the master plan data table that illustrated how the residential units will be disbursed between the parcels.

 

Community Development Director Peggy Busacca stated that staff recommended approval.

 

The applicant Gary Allen Jr. with Sunbelt Land Management stated that this was their second amendment to the development agreement and they worked with staff to gain approval.

 

Community Development Director Peggy Busacca stated that there was a relatively minor number on units being moved around.

 

Member Stoeckel asked the applicant Gary Allen Jr. about the three specific requests.

 

The applicant Gary Allen Jr. stated that the first change was a sentence in the development agreement where he changed the word parcel to project. The second was pertaining to the fire station language and the third was changing of the columns to make the exhibit reflect the changes discussed.

 

Cole Oliver, representative of the applicant,  stated that he worked with City Attorney Broome on the language and stated they would like to move forward with the development agreement and allow staff to go into site plan approval.

 

Stan Johnston stated that he was concerned for the people reviewing and approving the projects. Mr. Johnston stated that he supported this project.

 

Motion: Vice-Mayor Jordan moved to approve the Second Amendment to Tranquility (F/K/A Antigua Bay) Development Agreement (DA) No. 2-2021 and the amendment to the master plan as recommended by the Planning and Zoning Commission. Member Nelson seconded the motion and the roll call vote was:

 

       Vice-Mayor Jordan                 Yes

                                    Member Stoeckel                    Yes

                                    Member Robinson                  Yes

                                    Member Nelson                      Yes

                                    Mayor Diesel                          Yes

 

The motion carried unanimously.

 

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CONSENT AGENDA

 

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

 

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

 

  1. Community Redevelopment Agency (CRA) Budget Amendment - Transfer $14,000 from Project CR1604, Trail Town Amenities and $50,000 from Professional Services to Project CR2202, Redevelopment Plan Update and Strategic Initiatives Plan, Professional Services - Approve the CRA Budget Amendment to transfer $14,000 from the Trail Town Amenities Project account and $50,000 from the Professional Services Account to a Redevelopment Plan Update and Strategic Initiatives Plan Project CR2202, Professional Services account, pending the recommendation of the CRA

 

  1. Titusville/Farmton (TIFA), LLC FY 2022 Budget and FY 2023 Pro Forma Projection - Approve the TIFA, LLC FY 2022 Budget and authorize the Mayor to execute the Consent of Members.

 

  1. Piggyback Contract to Purchase Web-Based Electronic Plan Review Software - Approve the use of State of Florida Alternate Source Contract Cloud Solutions, effective 08/01/2017 through 09/30/2026, Contract #43230000-NASPO-16-ACS, Master Agreement No. AR2472 to purchase Web-Based Electronic Plan Review Software in the annual amount of $24,500.00 (with annual adjustments of 5%) from Carahsoft of Reston, Virginia. Additionally, authorize the Mayor to execute the contract upon satisfaction of terms and conditions through review by the Information Systems Director, City Manager and City Attorney.

 

  1. Annual Resurfacing Change Order #3 – Masci Construction - Approve Change Order #3 to the Annual Resurfacing Contract to Masci General Contractor, Inc. of Port Orange, Florida in the amount of $22,243 to provide for the final balance of the project now that all construction is complete. Additionally, authorize the City Manager to execute the change order.

 

  1. Purchase of Equipment - Public Works - Approve the use of Florida Sheriff's Association Cooperative Purchasing Program, Contract # FSA20-EQU18.0 Heavy Equipment, effective 10/1/2020 through 09/30/2023, to purchase the budgeted equipment replacement Z02237 to Dobbs Equipment LLC of Orlando, Florida in the total amount of $69,433.60 for the purchase of a Track Skid Steer Loader. Additionally, approve the associated budget amendment transferring funds to capital outlay projects Z02237 for this purchase.

 

  1. Interlocal Agreement with Brevard County Board of County Commissioners - Florida Opioid Settlement Agreement - Authorize the Mayor to execute the Florida Opioid Settlement Interlocal Agreement with Brevard County Board of County Commissioners.

 

  1. Update on the National Settlement of the Opioid Litigation - Accept and authorize the City Manager to execute the Florida Subdivision Participation Forms to participate in the National Janssen Settlement and National Distributor Settlement of the opioid litigation.

 

  1. Award of Contract -Towing Services - Approve award of bid #22-B-004/RM for Citywide Towing Services to C & L Towing, Titusville, FL as primary contractor; and Rice's Titusville Automotive & Towing, LLC, Titusville, FL as secondary contractor in estimated annual amount of $44,378.00 to provide as-needed towing services for all City owned or operated vehicles and equipment. Additionally, authorize the Mayor to execute the contract or necessary purchasing instrument upon review and approval of City staff.

 

  1. Collective Bargaining Agreement between the International Association of Firefighters (IAFF), Local 2445 and the City of Titusville - Approve the amendment to the Collective Bargaining Agreement between the IAFF and the City of Titusville which was reopened in accordance with Article 29.

 

  1. Advisability to Correct Internal Inconsistencies in the Tree Protection Code - Tree Survey Requirements for Commercial, Industrial and Non-Subdivision Residential Developments -Approve advisability for staff to correct internal inconsistencies related to the tree survey provisions of the Code for commercial, industrial and non-subdivision residential developments.

 

  1. Change Order #4 to Contract #CN20-B-044 with Wharton-Smith, Inc. for additional services resulting in a change in work - Osprey WRF Nutrient Removal Upgrade Project - Approve Change Order #4 in the amount of $181,502.79 to contract #CN20-B-044 with Wharton-Smith, Inc. to include additional services related to changes in the original scope of work, extend the contract time by one additional day, and authorize the City Mayor to execute the change order.

 

  1. City Computer Network Performance Professional Services Contract - Approve the use of State Contract number 43220000-NASPO-19-ACS, Data Communications Products and

Services effective 07/13/2020 through 09/30/2024, to award this project to Greyson Technologies in the amount of up to but not to exceed $66,000 for the assessment and improvements to the City's computer network security and performance, as well as to develop the data necessary to generate a Requests for Proposals for a new telephone system for the City. Also approve the Mayor and City Manager to execute any resulting contracts upon approval by the City Attorney's Office and the Purchasing Division.

 

  1. Work Order #4 - Annual Stormwater and Piping Installation - Approve Work Order #4 to contract CN20B015, Annual Stormwater & Piping Installation in the amount of $111,630 to SDV Services, LLC for the replacement of a failing 15" pipe at the La Cita Country Club. Additionally, authorize the Mayor to

execute the work order.

 

  1. Florida Department of Transportation (FDOT) Grant: Speed and Traffic Enforcement through FDOT for the I95 jurisdiction area. - Approve and accept the FDOT Grant in the amount of $100,000 for the I95 Jurisdiction Area.

 

Stan Johnston stated that he supported Agenda Items 8d, 8e, 8f, and 8g, etc. Mr. Johnston stated that he was opposed to 8b, 8c, 8k and 8l, etc.

 

Motion: Vice-Mayor Jordan moved to approve Consent Agenda items A, B, C, D, E, F, G, H, I, J, K, L, M and N, in accordance with recommendations. Member Nelson seconded the motion. The roll call vote was:

 

                                    Member Stoeckel                    Yes

                                    Member Robinson                  Yes

                                    Member Nelson                      Yes

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes

 

The motion carried unanimously.

 

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Ordinance No. 34-2021 - Relating to Solar Facilities - This item was withdrawn

 

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Ordinance No. 35-2021 - Capital Improvement Element Annual (CIE) Update - City Manager Larese advised that the request was to conduct the public hearing of Ordinance No. 35-2021 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.

 

The Planning and Zoning Commission/Local Planning Agency considered this ordinance at their December 8, 2021 meeting and recommended approval, as presented by staff. Motion passed with a 7-0 vote. 

 

Section 163.3177(3)(b) of the Florida Statutes requires the City's Five-Year Capital Improvement Program of the Capital Improvements Element (CIE) be updated annually. All local governments are required to include a CIE in their Comprehensive Plan that considers the need for and location of public facilities and provides "a component that outlines principles for construction, extension, or increase in capacity of public facilities, as well as a component that outlines principles for correcting existing public facility deficiencies, which are necessary to implement the Comprehensive Plan." The planning period for this element was five (5) years.

 

Motion: Vice-Mayor Jordan moved to approve Ordinance No. 35-2021 - Capital Improvement Element Annual (CIE) Update, as recommended by staff. Member Nelson seconded the motion. The roll call vote was:

 

                                    Member Robinson                  Yes

                                    Member Nelson                      Yes

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes

      Member Stoeckel                    Yes

 

The motion carried unanimously.

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Conditional Use Permit (CUP) Application No. 9-2021 – Childcare Facility – This item was considered after petitions and request from the public present.

 

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Second Amendment to Tranquility (F/K/A Antigua Bay) Development Agreement (DA) No. 2-2021 – This item was considered after petitions and request form the public present. 

 

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ORDINANCES-FIRST READING – None.

 

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OLD BUSINESS

 

American Rescue Plan Act (ARPA) Supportive Services Request for Proposal Funding Recommendations - City Manager Larese advised that the request was to approve the funding recommendations for the distribution of ARPA funds allocated for Supportive Services, and authorize a portion of Affordable Housing Development allocated ARPA funds for these programs.

 

On July 13, 2021, City Council approved the Neighborhood Services Department portion of the

City's ARPA grant program. This approval included allocating $250,000 for supportive services and $460,000 for affordable housing developments.

 

On July 23, 2021, the Neighborhood Services Department issued a Request for Proposal (RFP) to interested non-profit agencies to provide eligible services that respond to the impacts of COVID-19 pandemic on the community.

 

On October 7, 2021, staff received comments from the City's third-party auditor that the projects are generally eligible under interim ARPA guidance. On October 26, 2021, City Council heard from those agencies that responded to the City's RFP and authorized staff to review and provide funding recommendations for a future meeting.

 

Staff reviewed the submitted RFP's. Based upon the information provided therein and subsequent information provided, the following funding recommendations were provided:

 

  • Boys & Girls Club- Youth Mentoring and Counseling Program:      100% = $75,000
  • North Brevard Charities- Direct Assistance:                                      100% = $30,000
  • North Brevard Charities- Self-Sufficiency Program:                         100% = $114,990
  • North Brevard Charities- Carter House:                                             100% = $12,480
  • Christian Life Center Academy- School Enrichment Program:         80% = $122,000
  • Catholic Charities- Family Stability Services:                                   40% = $10,120
  • G.R.O.W.- WorkPLAyce:                                                                  0% = $0.00

 

City Manager Larese stated that if approved, staff was also requesting Council's authorization to transfer $114,590 from the Affordable Housing Development ARPA budget in project S31001 to fund the above referenced recommendations and programs as outlined in the attached Budget Amendment.



Motion: Vice-Mayor Jordan moved to approve American Rescue Plan Act (ARPA) Supportive Services Request for Proposal Funding Recommendations and transfer $114,590 from the Affordable Housing Development ARPA budget in project S31,001, as recommended. Member Nelson seconded the motion. The roll call vote was as follows:

 

       Member Robinson                  Yes

                                    Member Nelson                      Yes

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes

       Member Stoeckel                    Yes      

            

The motion carried unanimously.

 

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NEW BUSINESS

 

Adoption of SHIP Housing Incentive Plan 2022 - City Manager Larese advised that the request was to approve the Affordable Housing Advisory Committee's (AHAC) 2022 SHIP Housing Incentive Plan.

 

The purpose of the AHAC was to review the City's established policies and procedures, ordinances, land development regulations, and the comprehensive plan, to develop a Housing Incentive Plan, which incorporated specific incentives and actions to encourage or facilitate the development of affordable housing while protecting the ability of the property to appreciate in value.

 

The AHAC held meetings from September to December 2021. The AHAC reviewed the City's previous Housing Incentive Plan along with the City's current Code of Ordinances, Land Development Regulations, and Comprehensive Plan; in order to develop the City's 2022 Housing Incentive Plan.

 

The Neighborhood Services Department prepared the Housing Incentive Plan for Council's consideration as drafted by the AHAC, and request Council's consideration on each incentive strategy recommended within the Plan. Council's actions would be noted in the Plan prior to submittal to the State.

 

The Neighborhood Services Department requested Council's approval of the prepared Housing Incentive Plan and incorporate the approved incentives into the City's next SHIP Local Housing Assistance Plan (LHAP) in 2022, and authorize submittal of same to the State for consideration.

 

Staff distributed a revised list for surplus lots suitable for affordable housing. The lot located at 431 Canaveral Avenue was removed. 

 

Stan Johnston stated his concern that developments were trying to get more money by reducing rights-of-way and setbacks. Mr. Johnston stated that he was also concerned with the affordable housing variances.  

 

Motion: Vice-Mayor Jordan moved to approve the adoption of the SHIP Housing Incentive Plan 2022, as recommended. Member Nelson seconded the motion. The roll call vote was as follows:

 

                                    Member Nelson                      Yes

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes

       Member Stoeckel                    Yes      

       Member Robinson                  Yes

            

The motion carried unanimously.

 

The approval included the revised list for surplus lots suitable for affordable housing.

 

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Update Council Member Appointments to Serve on Outside Agencies - Space Coast Transportation Planning Organization (SCTPO) - City Manager Larese advised that the request was to update Council Member appointments to serve on Outside Agencies - Space Coast Transportation Planning Organization (SCTPO).

 

At the November 23, 2021 meeting, Council updated their Council Member appointments to serve on outside agencies. At this meeting, Council only appointed one regular member and one alternate member to the SCTPO. The membership of the SCTPO includes two regular members and two alternate members from the City of Titusville. 

 

Staff requested that Council reconsider their appointments to this board and update their Council Member appointments to include two regular members and two alternate members.

 

Stan Johnston stated that the SCPTO distracted Council from what they should be doing. Mr. Johnston stated there was bigger problems in the City of Titusville that needed to be dealt with and no one from the City of Titusville would talk to him. 

 


Motion: Vice-Mayor Jordan moved to appoint Robert L. Jordan and Joe C. Robinson as current members and Jolynn Nelson and Sarah Stoeckel as alternate members to the SCPTO. Member Stoeckel seconded the motion. The roll call vote was as follows:

 

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes

       Member Stoeckel                    Yes      

       Member Robinson                  Yes

       Member Nelson                      Yes

            

The motion carried unanimously.

 

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS) 

 

Nathan Slusher asked Council about the private pipes. Mr. Slusher stated that these pipes concerned him because these homeowners may not be aware of the pipes or their conditions. Mr. Slusher asked why someone from the City could not knock on their door and ask the property owner versus sending a letter. 

 

Member Nelson stated that the City could call and talk to people, but sending the letter would be evidence of notice provided if anything happens to the pipes. 

 

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MAYOR AND COUNCIL REPORTS

 

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

 

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Mayor Diesel stated that the Titusville Christmas Parade was amazing and was one of the most attended parades he had seen in the past. Mayor Diesel thanked Indian River City Methodist Church for organizing the parade. 

 

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Council Reports –  

 

Vice-Mayor Jordan wished everyone a Merry Christmas and a happy new year. Vice-Mayor Jordan stated that he was very proud of Council and how they always did what was right for Titusville.

 

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Member Nelson stated that the Boys and Girls Club opened two weeks ago and they currently have sixteen kids attending and were hoping for eighty kids by next fall.

 

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Member Stoeckel asked if the City would provide signage for future projects that were being built in the City of Titusville. City Manager Larese stated that some developers did not want people to know, but stated that on the City of Titusville’s website, there was a list of the 44 projects occurring in the City. These were the projects that the City was allowed to release to the public and it was updated every week.

 

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Member Stoeckel updated council on the local bill for Brevard County regarding partisan races that could allow the political party to be shown on the voting ballets. 

 

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

 

City Manager Larese stated that council asked staff to review the timing of the Boards and Commissions Recognition Ceremony. Staff recommended that the City stayed with the current schedule and hold the ceremony during the fourth quarter of fiscal year 2022.

 

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City Manager Larese advised that the Titusville Police Department earned their accreditation, which was a three-year process. The award would be received in February of 2022.

 

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City Attorneys Report – None. 

 

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With no further business to discuss, the meeting adjourned at 9:58 p.m.