Regular City Council - January 25, 2022 at 6:30 PM


City Council 

Regular Meeting

January 25, 2022

 

The City of Titusville City Council met in regular session on Tuesday, January 25, 2022, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796. Due to the prior meeting for special recognitions and presentations ran late, Mayor Diesel called the City Council meeting to order at 7:35 p.m., not 6:30 p.m. 

 

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

 

Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag. Assistant City Clerk Donhoff read the procedures 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 meeting on November 23, 2021 (6:30 p.m.), as submitted. Member Nelson 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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Motion:

Vice-Mayor Jordan moved to table Agenda Item 9 C - Ordinance No. 3-2022 Relating to Tree Survey Requirements to the regular City Council meeting on February 8, 2022 at 6:30 p.m. Member Nelson seconded the motion and it carried unanimously. 

 

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Motion:

Vice-Mayor Jordan moved to hear Agenda Item 9 A - Ordinance No. 1-2022 Relating to Indoor Recreation in Industrial Zoning Districts as the next agenda item to be heard and considered on the Council’s agenda. Member Nelson seconded the motion and it carried unanimously. 

 

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Agenda Item 9 A. - ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION - 

 

Ordinance No. 1-2022 Relating to Indoor Recreation in Industrial Zoning Districts – City Attorney Broome read Ordinance No. 1-2022 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS TO INCLUDE “GYMNASIUMS” IN THE DEFINITION OF “RECREATION AND COMMERCIAL AMUSEMENT (INDOOR)”, TO CORRECT A SCRIVENER’S ERROR, AND TO ALLOW INDOOR RECREATION AS A LIMITED USE IN LIGHT INDUSTRIAL SERVICES AND WAREHOUSING (M-1) AND PLANNED INDUSTRIAL DEVELOPMENT (PID) ZONING DISTRICTS BY AMENDING SECTIONS 28-54 “USE TABLE” AND 28-275 “RECREATION AND COMMERCIAL AMUSEMENT (INDOOR)”; AND AMENDING SECTION 37-1 “DEFINITIONS”; PROVIDING SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the second time by title only. 

 

City Manager Larese highlighted the request provided in the Council agenda packet. Additionally, the Planning and Zoning Commission considered the ordinance on January 5, 2022 and recommended approval, as presented.

 

Mayor Diesel and Member Robinson supported the proposed ordinance. 

 

Mayor Diesel opened the second and final public hearing.

 

Stan Johnston declined to speak. 

 

Due to there were no additional individuals that wished to speak, the public hearing was closed. 

 

Motion:

Vice-Mayor Jordan moved to approve Ordinance No. 1-2022, as recommended by staff. Member Stoeckel 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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SPECIAL RECOGNITIONS & PRESENTATIONS – None. 

 

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BOARDS AND COMMISSIONS

 

Titusville Flag and Memorial Committee - Titusville Flag and Memorial Committee Chairperson Al Therriault presented the Committee's semi-annual report. No action was required.

 

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Historic Preservation Board – Historic Preservation Board Alternate Member Toni Shifalo presented the Board's semi-annual report. No action was required.

 

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Planning and Zoning Commission - The Planning and Zoning Commission's semi-annual written report was included in the Council agenda packet. No action was required.

 

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Planning and Zoning Commission – The request was to appoint four (4) regular members and one (1) alternate member to the Planning and Zoning Commission (P&Z) with terms to expire on January 31, 2024. 

 

The terms of regular members Linwood “Woody” Rice (Dual Member on the P&Z and the Titusville Environmental Commission), Jesse Porter, Jane W. Speidel, and Romie Grant were due to expire on January 31, 2022.  The term of P&Z Alternate Member Erron Fayson was also due to expire on January 31, 2022. Each of the aforementioned individuals desired continuing to serve on the Planning and Zoning Commission (P&Z), with the exception of Jesse Porter, who did not wish to seek reappointment at this time. During the meeting, Alternate Member Erron Fayson reconsidered and sought being reappointed to the P&Z. 


Mr. Christopher Childs currently served as an alternate member with a term to expire on January 31, 2023.  Mr. Childs desired serving as a regular member; however, if he was not appointed as a regular member, Mr. Childs desired continuing in his current position, as an alternate member.


There were two additional applications on file for Council’s consideration, from Mr. Stan Johnston and Mr. Thomas Perez that desired serving on the P&Z as regular or alternate members. Mr. Thomas Perez currently served on the Titusville Environmental Commission (TEC) as a regular member.  If appointed to the dual member position of P&Z and TEC, Mr. Perez desired serving on both boards.  If not considered for a dual serving member position, Mr. Perez would no longer be able to serve on the TEC.  


Jane Speidel commented on her desire to continue serving on the P&Z. She also supported Mr. Romie Grant being reappointed to the P&Z; however, she advised that Mr. Grant was unavailable to attend the Council meeting. Ms. Speidel also advised that Mr. Grant desired being reappointed.  

 

Linwood “Woody” Rice commented on his desire to continue serving on the Planning and Zoning Commission (P&Z); however, he also understood that he served at the Council’s pleasure.  

 

Motion:

Vice-Mayor Jordan moved to reappoint Linwood “Woody” Rice (Dual Member on the P&Z and the Titusville Environmental Commission), Jane W. Speidel, and Romie Grant, as regular members of the Planning and Zoning Commission for terms to expire on January 31, 2024. Member Stoeckel seconded the motion. 

 

Member Nelson desired appointing four specific individuals for the requested action at hand. She indicated that she was concerned that a current incumbent that served on the P&Z was too busy to serve on the board. Discussion ensued on the dual member role that allowed at least one member on the Titusville Environmental Commission (TEC) to also serve on the P&Z.   

 

City Attorney Broome briefly reviewed the City’s Code on the Titusville Environmental Commission and specifically the dual member position. 

 

Several individuals submitted public speaking cards.

 

Toni Shifalo read from a prepared statement. She requested the Council to not reappoint Mr. Rice, but instead appoint Mr. Perez as a regular member on the P&Z. 

 

Stan Johnston distributed his business card and information. He commented on behalf of his application, issues that he was concerned with, and his desire to serve on the P&Z. 

 

Kay St. Onge supported appointing Mr. Perez as a regular member on the P&Z. 

 

Thomas Perez commented on behalf of his application, issues that he was concerned with, and his desire to serve on the P&Z. 

 

Member Stoeckel confirmed with Mr. Perez (a member of the TEC) that his preference was to continue serving on the TEC, if the Council did not consider him for a dual role position on the TEC and the P&Z. 

 

Members Stoeckel and Nelson reviewed their view points on the requested action. 

 

P&Z Alternate Member Erron Fayson advised that he desired continuing to serve on the P&Z and as a regular member, if it pleased Council. He advised that he would make sure that he was available to attend meetings.  

 

Discussion ensued on having more than one dual member serve on both the TEC and P&Z. 

 

Motion (Amended):

Vice-Chair Jordan moved to amend the motion presently on the floor (presently under consideration), by reappointing Linwood “Woody” Rice (Dual Member on the P&Z and the Titusville Environmental Commission), Jane W. Speidel, and Romie Grant as regular members of the Planning and Zoning Commission for terms to expire on January 31, 2024. The amended motion included appointing Erron Fayson as a regular member on the Planning and Zoning Commission for a term to expire on January 31, 2024. Member Stoeckel’s second held and the roll call vote was:

 

       Mayor Diesel                          No

                                    Vice-Mayor Jordan                 Yes

                                    Member Stoeckel                    Yes

       Member Robinson                  No

                                    Member Nelson                      No

 

The motion failed, 3-No to 2-Yes, with Mayor Diesel and Members Robinson and Nelson in objection.


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Motion:

Member Nelson moved to reappoint Jane W. Speidel, Romie Grant, and Linwood “Woody” Rice, and appoint Thomas Perez as regular members on the Planning and Zoning Commission, with terms to expire on January 31, 2024. The motion included that both Linwood “Woody” Rice and Thomas Perez would serve as dual members of the Planning and Zoning Commission (P&Z) and the Titusville Environmental Commission (TEC). Member Robinson seconded the motion and the roll call vote was: 

 

                                    Vice-Mayor Jordan                 No

                                    Member Stoeckel                    No

       Member Robinson                  Yes

                                    Member Nelson                      Yes

       Mayor Diesel                          Yes

 

The motion was approved, 3-Yes to 2 No, with Vice-Mayor Jordan and Member Stoeckel in objection.

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Motion:

Vice-Mayor Jordan moved to reappoint Mr. Erron Fayson as an alternate member on the Planning and Zoning Commission, with a term to expire on January 31, 2024. 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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TIFA LLC Management Committee – The request was to reappoint one City representative to the Titusville-Farmton, LLC (TIFA) Management Committee for a three-year term to expire on January 31, 2025. The term of the current TIFA City Representative James (Jim) Ball was due to expire on January 31, 2022. Mr. Ball had expressed his desire to continue serving on the committee. There were no other applications on file for the Council’s consideration. 

 

Jim Ball commented on behalf of his application, his desire to serve the community, and the purpose of the City’s representative on the TIFA Management Committee. 

 

Stan Johnston submitted a public speaking card. He commented on the importance of the TIFA City representative position. He expressed concern on over-pumping wells and unintended future consequences. 

 

Motion:

Vice-Mayor Jordan moved to reappoint James (Jim) Ball as the City’s Representative on the Titusville-Farmton, LLC (TIFA) Management Committee, for a three-year term to expire on January 31, 2025.  Member Nelson 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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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS)

 

Jim Cannon, the new Intergovernmental Coordinator and Public Affairs Representative for the St. Johns River Water Management District (SJRWMD), introduced himself. He was available to answer questions at the meeting and moving forward. He would also follow up with an email to the City. 

 

Jesse Wright with the Titusville Mall distributed information. He reviewed plans to redevelop or improve the existing mall property, the City’s Code requirements, and his desire for Council to change the City’s Codes on conditional use permit regulations applicable to height and the preservation of natural and open space in the Urban Village (UV) zoning district. 

 

Rodney Honeycutt, an engineer on behalf of Jesse Wright’s project, requested Council consider approving advisability for staff to report back with options related to Mr. Wright’s request. He further explained the rationale for his and Mr. Wright’s request. 

 

 

William Cassell, Ashton Saunte, Alicia Myrie, and Lisa McCotter each stated the nature of their business relationships with Jesse Wright. Each supported Mr. Wright’s request for Code changes that would benefit improve the Titusville Mall property. Each of the individuals also desired seeing the Code changes happen as quick as possible.  

 

Stan Johnston distributed information. He advised that he sent the City an email yesterday regarding his concerns. Mr. Johnston felt that a property survey associated with the Elizabeth Town Homes and a preliminary plat was invalid. He also felt there may be issues with easements for the project. His concern was for the project meeting City ordinance requirements, etc. 

 

Linwood “Woody” Rice, an engineer, commented on a three acre subject property located near Helen Hauser Boulevard and Interstate 95. There was an old billboard on the property that was causing a potential purchaser or developer some concerns based on the City’s current Codes for billboards or signs. Mr. Rice was unsure if variances to the Code could be considered, whether the existing billboard could be grandfathered or counted as an accessory structure to avoid having to comply with existing sign ordinance requirements, or if the City Council would consider amending the City’s Codes related to billboards. 

 

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Concerning Woody Rice’s request (petition), Vice-Mayor Jordan supported asking the City Manager and staff return to Council with more information. Vice-Mayor Jordan also desired consistency. Upon Planning Manager Brad Parrish’s request whether it was the intention to be specific on Codes related to billboards, Mayor Diesel indicated yes, but he also desired looking at items like fence requirements, etc. 

 

In response to the petition requested by L. “Woody” Rice, City Manager Larese would report back at a future City Council meeting with information on ordinances applicable to billboards in the City of Titusville. 

 

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Concerning Jesse Wright’s request (petition), Vice-Mayor Jordan commented on the amount of time related to Code changes and Mr. Wright’s project, the potential difficulty of getting building materials on site due to current economic and shipping (transportation and supplier) issues, etc. 

 

In response to the petition requested by J. Wright, City Manager Larese would report back at a future City Council meeting with information on conditional use permit regulations applicable to height and the preservation of natural and open space in the Urban Village (UV) zoning district. 

 

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CONSENT AGENDA

 

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

 

  1. Purchase of Seven (7) Stalker Radars for FY22 Police Vehicles - Approve purchase of seven (7) Stalker Radars for FY22 Police Vehicles.

 

  1. Appropriate Forfeiture Funds to Purchase WRAP Safety Restraints - Appropriate and approve the use of $19,500.00 in forfeiture funds to purchase the WRAP Safety Restraints from Sole Source Vendor Safe Restraints, Inc.

 

  1. Piggyback Contract to Purchase Web-Based Code Enforcement Software - Approve the use of Online Solutions (CitizenServe) contract, effective January 26, 2022 through January 25, 2023. Contract for the Town of Lady Lake RFP #2020-0001, to purchase webbased Code Enforcement Software with the initial amount of $36,900.00 and a re-ccurring amount of $16,800.00 per year from Online Solutions LLC (CitizenServe) Tempe, AZ. 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. Amendment 1 to Health Plan ASO Services; Master Service Agreement with Aetna to include EAP services - Approve Amendment 1 to Health Plan ASO Services; Master Service Agreement with Aetna to include EAP services.

 

  1. Award of Bid # 22-B-021/TB - Sheet Metal Materials for Public Works - Approve award of bid #22-B-021/TB, Sheet Metal Materials for Public Works to Equipment Fabricators, Inc. in an amount of $16,249.00 for welding repairs to dumpsters. Additionally, authorize the City Manager to execute the contract or necessary purchasing instrument upon review and approval of City staff.

 

  1. Stormwater CIP Plan Phase One Work Order #1 - Approve Work Order #1 to contract CO21Q027, Stormwater A&E Services-Continuing Consultant in the amount of $192,266.14 to Geosyntec Consultants, Inc. to provide engineering services associated with the preparation of a stormwater CIP master plan for the City of Titusville. Additionally, authorize the Mayor to execute the work order.

 

  1. Amendment of Contract SVC17P08 for Flexible Spending/Cafeteria Plan Administrator - Approve and authorize the City Manager to sign the 1st amendment to contract #SVC17P08, Flexible Spending/Cafeteria Plan Administrator.

 

  1. Area III Wellfield Electrical Project Design and Construction Services - Approve the award of Work Order #19 to AECOM Technical Services, Inc. in the amount of $106,141 to provide engineering services to include but not limited to design services, building permit assistance, bidding assistance, and construction services for the Area III wellfield electrical project, and authorize the Mayor to execute the Work Order.

 

  1. Budget Amendment for Work Order for Engineering Services for the Mourning Dove WTP Sand Filter Rehabilitation Project - Approve a budget amendment in the amount of $52,000 to fully fund Work Order #8 to Wright-Pierce, Inc., Orlando, FL 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.

 

  1. Award of Contract for the Annual Sewer and Manhole Repair Contract - Approve the award of contracts for Bid No. 22-B-007 to Hinterland Group, Inc. of Cocoa, FL as the primary contractor and to SDV Services, Inc. of Titusville FL as the secondary contractor for the Annual Sewer and Manhole Repair Contract with a one (1) year term with two (2) optional one (1) year administrative extensions with an annual authorized amount not to exceed $500,000; and authorize the Mayor to execute the contracts.

 

  1. Work Order for Engineering Services for the Armstrong Drinking Water Booster Pump Station - Approve the award of Work Order #18 to AECOM Technical Services, Inc. in the amount of $318,833 to provide engineering consulting services including, but not limited to, limited site survey and geotechnical services, final design, bidding, construction services, and project and quality management for the upgrades at the Armstrong Booster Pump Station for pH and chemical adjustment and authorize the Mayor to execute the Work Order.

 

Stan Johnston submitted public speaking cards on Consent Agenda Items F, G, H, I, J, and K. He reviewed why he was against each of the requested actions for these items (indicated on each of his public speaking cards) and other Consent Agenda Items; however, he also advised that he was neutral on some of the agenda items that he initially indicated his opposition. 

 

Motion:

Vice-Mayor Jordan moved to approve Consent Agenda Items A through K, in accordance with recommendations.  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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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Ordinance No. 1-2022 Relating to Indoor Recreation in Industrial Zoning Districts - Council considered Ordinance No. 1-2022 earlier in the meeting. Council approved Ordinance No. 1-2022, as recommended by staff.

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Ordinance No. 2-2022 Correcting Errors in the Landscape Code – City Attorney Broome read Ordinance No. 2-2022 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 30 “DEVELOPMENT STANDARDS”, SECTIONS 30-2 “APPLICABILITY” SUBSECTION I “LANDSCAPING REQUIREMENTS”, 30-331 “APPLICABILITY”, 30-337 “PERMITTED USES WITHIN THE LANDSCAPE BUFFER YARD” AND 30-338 “NATURAL BUFFER YARDS” TO CORRECT SCRIVENERS ERRORS AND TO AMEND THE TERM “LANDSCAPE BUFFER YARDS”, AMENDING SECTIONS 30-332 “REQUIRED LANDSCAPE YARDS” AND 30-335 “DESCRIPTION OF LANDSCAPE YARDS” TO CLARIFY EXISTING LANDSCAPE YARD STANDARDS, AND TO THE STANDARDS APPLICABLE TO THE DOWNTOWN MIXED USE (DMU) DISTRICT IN THE EVENT OF A CONFLICT; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; FOR AN EFFECTIVE DATE AND FOR INCORPORATION INTO THE CODE, for the second time by title only.

 

City Manager Larese highlighted the request as provided in the Council agenda packet. 

 

The Planning and Zoning Commission (P&Z) considered this ordinance on January 5, 2022 and unanimously (6:0) recommended approval as written. The P&Z wanted to stress and clarify that the intent for Table 30-332 was to refer to Exhibit A (Buffers Map) and that this map took precedents.

 

Per Vice-Mayor Jordan’s request, he and Planning Manager Brad Parrish discussed several questions. Some of these included the Planning and Zoning Commission’s (P&Z) recommendations, the rationale concerned some confusion about the standard(s), pages 299 and 300 of the Council agenda packet provided information and a notation about the/an exhibit, etc. 

 

Mayor Diesel opened the public hearing.

 

Stan Johnston expressed general dissatisfaction with the City’s Codes. He felt the Codes needed to be improved. He commented on an unrelated subject or property survey that was related to a preliminary sketch plat that he was concerned with. 

 

As there was no one else that wished to speak, the public hearing was closed. 

 

Motion:

Vice-Mayor Jordan moved to approve Ordinance No. 2-2022, 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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Ordinance No. 3-2022 Relating to Tree Survey Requirements – Earlier in the meeting, Council tabled Ordinance No. 3-2022 to the regular City Council meeting on February 8, 2022 at 6:30 p.m. 

 

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ORDINANCES-FIRST READING – None. 

 

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OLD BUSINESS – None. 

 

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NEW BUSINESS – 

 

Titusville Environmental Commission (TEC) Recommendation Related to Underground Storage Facilities – The request was to provide direction regarding the Titusville Environmental Commission’s (TEC) recommendation for staff to review Section 3.9.4.10.3.5 of the Hazardous Materials Technical Manual Requirements and amend the section as needed. During the November 10, 2021 regular TEC meeting, the TEC approved a recommendation that City Council give staff advisability to review Section 3.9.4.10.3.5 of the Hazardous Materials Technical Manual Requirements and amend the section as needed.

 

During the review of Conditional Use Permit (CUP) No. 8-2021, the TEC discussed the applicability of Section 3.9.4.10.3.5 to typical double-walled fuel storage systems.  A copy of the Code and minutes of the November 10, 2021 TEC meeting were provided in the Council’s agenda packet. 

 

Planning Manager Brad Parrish advised that if the Council desired adding additional criteria, staff recommended seeking an expert on hazardous materials. 

 

Member Nelson and staff discussed her questions related to Brevard County’s procedures.  

 

Stan Johnston submitted a public speaking card. He asked Council to table the request and ask the TEC about seeking an expert in the interim. 

 

Planning Manager Parrish reviewed the TEC’s meeting minutes. There was an indication the TEC questioned what a section of Code meant. The TEC also indicated researching these matters if the Code language needed to be clarified. If City Council agreed, staff recommended seeking assistance from a third party expert. 

 

Mayor Diesel reviewed the City Council’s recent approval of a conditional use permit for underground storage tanks in the Area of Critical Concern. 

 

Vice-Mayor Jordan felt Section 3.9.4.10.3.5 was clear for the requirements of the recent CUP application. He also requested where the policy language originated from and the indication to this was a prior hazmat manual adopted in roughly the late 1990s. Staff checked with other government agencies and whether they did the same or if this was consistent with other agency practices and the answer was yes. 

 

City Manager Larese advised that his interpretation listening to Council was they were okay with the current requirement language. Mayor Diesel agreed and felt the City should move on or move forward. Member Robinson indicated his agreement. 

 

Council did not request any action. 

 

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Planning and Zoning Commission Recommendations for Amendments to the Code – The request was to provide direction to staff regarding the Planning and Zoning Commission's (P&Z) recommendations for amendments to the Code. During the regular P&Z’s meeting on December 8, 2021, the P&Z approved motions that recommended amending the City's Code, as described below. 

 

Conditional Use Permits (CUP) - During the review of CUP Application No. 8-2021 on December 8, 2021, the P&Z approved a motion (6:1) to recommend advisability to City Council, as followed: 

 

“If a conditional use permit (CUP) with the same use is less than five (5) years from the last known use, should not require a CUP but should be evaluated by staff for compliance with the land development regulations and special requirements.  If the site is found to be not in compliance with any of the requirements during the staff review, the conditional use process shall then be required.  Other than this, it is a staff approval within a conditional use permit fee; however, they might be a review fee”.  


Development Agreements - During the December 8, 2022 P&Z meeting, a motion was approved (4:3), as followed:

 

“…to recommend allowing existing Developer Agreements to react to market conditions, minor changes to be approved with Developers Agreement may be approved administratively providing none of the comprehensive plan policies are violated and the original approval of total density is not increased.” 

 

The minutes of the regular Planning and Zoning Commission (P&Z) meeting of December 8, 2021 were provided in the Council agenda packet. It was noted that staff did not support the P&Z recommendations. First, staff felt the recommendations would ask staff to decide quasi-judicial requests—not a position the staff desired. The second reason this would require developing a new process, but which may be perceived as redundant.  

 

Mayor Diesel felt the Planning and Zoning Commission (P&Z) may have been trying to streamline processes and he commended the P&Z on their ideas. Staff agreed. Staff felt the intent was good, but the City would still require a process. 

 

Member Robinson felt that conditional use permits should or could not be grandfathered. He also felt these decisions should remain and be made by the City Council. 

 

Member Nelson confirmed that staff did not want to be responsible for approving minor administrative changes to development agreements, due to developer agreements were a negotiation instrument between the City and developers.

 

Member Stoeckel supported staff’s position to not be placed in the decision making role for these items. She also did not like the idea of grandfathering either. 

 

Stan Johnston submitted a public speaking card. He was opposed to the P&Z suggestions. 

 

Council did not request any action. 

 

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

 

Margaret VanDeven distributed information. She was concerned for issues caused by an overabundance of dogs at Marina Dog Park and the loss of enjoyment by some that were not comfortable with the overcrowding. To fix the issue, she distributed information with her suggestions, some including opening other parks to dogs and repurposing what appeared to be an unused BMX bike park that was next to the Marina Dog Park, etc. Ms. VanDeven advised that with repairs in progress or being made at the Marina Dog Park, there were little or no other areas for local dog owners to take their dogs. 

 

Mayor Diesel recommended Ms. VanDeven contact the Brevard County Parks and Recreation Office and North Area Manager Jeff Davis. He also recommended that she attend the next Parks and Recreation Board meeting on February 10, 2022. City Manager Larese agreed and advised that funding, maintenance, and other responsibilities belonged to the Parks and Recreation Office. 

 

Walt McCloskey felt it would take very little effort to designate another area or park(s) for the use by dogs.  He suggested having at least two dog parks to allow one to rest after being worn down into sandy areas or to be re-sodded during a recovery period. Having a second park could allow one park to be closed for a park’s recovery period, while the other was open for use and enjoyment by dogs and dog owners. Current aesthetics and crowding may cause citizens to decide not to use the park.

 

Lynn Gardner advised that she did not have a fenced yard for her dog(s), so she relied on the Marina Dog Park. Ms. Gardener did not think the park was presently safe. She advised that people were getting slammed by big dogs running through the park in overcrowded areas. Advertisements that promoted Titusville indicated the City had dog parks and beaches for patrons, but she did not feel the advertisements were true. 

 

An inquiry on dog occupancy signage at marina Park was briefly mentioned. If this type of signage was not presently posted, it may be suggested to assist the community. 

 

Michael Bevdecia advised that many households owned dogs, dogs provided an economic benefit to communities by the services and products they required, and dogs provided potential economic and tourism revenue.  

 

Dan Attal did not support repurposing the BMX bike park that was next to the Marina Dog Park. He advised that for approximately the last 4-years, the BMX bike park was used after work and school by families that enjoyed remote control (RC) operated toys and toy vehicles. He also advised there was a huge community that enjoyed the BMX bike park, but no longer with bikes as it seemed the BMX bike people had stepped away. Mr. Attal advised that Sundays were popular for RC people. He also supported BMX bike park users and the park’s original intended purpose. Mr. Attal understood the funding issues. He advised that his group was willing to share the park with dogs, as long as dog owners cleaned up after their dogs. 

 

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MAYOR AND COUNCIL REPORTS

 

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

 

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Council Reports

 

Member Stoeckel commented on the start of the 2022 State Legislative cycle and proposed legislative bills that she was tracking and some that she was concerned with and would continue to monitor. 

 

Vice-Mayor Jordan indicated some bills threatened municipal home rule powers and those powers being transferred to the State. He also did not agree with not all higher level government or political governing bodies were not required to abide by all of the Florida Sunshine Laws. This seemed hypocritical and not democratic.

 

Member Nelson discussed her questions on re-implementing farmer’s market in spring 2022. The County Commission would have input on expanding the market. There was also the matter of renewing the contract with the Greater Titusville Chamber of Commerce, which was scheduled for an upcoming City Council meeting. 

 

Member Nelson thanked Mayor Diesel for a proclamation for the Rotary Club. She also commented on walk for peace and the Rotary Club raising money for conflict resolution in schools. 

 

Member Robinson commented on affordable housing. He also attended a workshop one day prior that discussed higher legislature affecting local governments and being in compliance with new laws. Member Robinson also attended training for the Transportation Planning Organization. 

 

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Mayor Diesel passed the gavel to Vice-Mayor Jordan and requested Council’s consideration of the $250 cost for himself to attend an upcoming commemorative event for the Apollo 13 Space Mission, which he would represent the City as the Mayor.  Mayor Diesel commented on the role, importance, and degree to which Titusville was an integral element of the space program.  

 

Motion:

Member Nelson moved to authorize the cost of $250 for Mayor Diesel to represent the City and attend an upcoming event for the Apollo 13 Successful Splashdown Celebration in Cape Canaveral, Florida, on Saturday, January 19, 2022. Member Stoeckel seconded the motion and it carried unanimously. 


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CITY MANAGER’S REPORT

 

City Manager's Report - City Manager Larese submitted his written report. All items were informational only, as followed:

 

  • FY 2023 Strategic Planning Community Conversation (meeting) – February 19, 2022 at 9 a.m. until noon, City Hall. 
  • FY 2023 Strategic Planning Council/Staff Workshop (meeting) – March 15, 2022 at 5:30 p.m., City Hall. 

 

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CITY ATTORNEY’S REPORT – None. 

 

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With no further business to discuss, the meeting adjourned at 10:38 p.m.