Regular City Council - February 22, 2022 at 6:30 PM


City Council 

Regular Meeting

February 22, 2022

 

The City of Titusville City Council met in regular session on Tuesday, February 22, 2022, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796. Mayor Diesel called the City Council meeting to order at 6:58 p.m., due to the prior meeting at 5:30 p.m. for special recognitions and presentations ran late. 

 

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 City Clerk Wanda Wells were also present. Assistant City Clerk Jolynn Donhoff completed the minutes of the meeting. 

 

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

 

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APPROVAL OF MINUTES

 

Motion:

Member Nelson moved to approve the minutes of the regular City Council meeting on January 25, 2022 (5:30 p.m.), as submitted. Vice-Mayor Jordan 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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Council made two modifications to the meeting’s agenda. 

 

Motion:

Vice-Mayor Jordan moved to table Agenda Item 10 A – Small Scale Comprehensive Plan Amendment with Rezoning, SSA 1-2021 - SW Corner of SR 405 and Windover Way to the regular City Council meeting of March 8, 2022. Member Nelson seconded the motion and it carried unanimously. 

 

Motion:

Vice-Mayor Jordan moved to withdraw Agenda Item 8 F – Citywide Vehicle Purchases from the Council meeting agenda. Member Nelson seconded the motion and it carried unanimously.  

 

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SPECIAL RECOGNITIONS & PRESENTATIONS – None. 

 

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BOARDS AND COMMISSIONS

 

Summary of Absences by Member of the Titusville Environmental Commission (TEC) – City Manager Larese highlighted the request and report provided in the Council agenda packet. The request was to review one member's absences and provide staff with direction. The TEC member in question was requested to attend the meeting; however, this individual was absent. 

 

Brief discussion ensued on any information that was available on the individual’s desire to continue serving on the TEC. 

 

Motion:

Vice-Mayor Jordan moved to table Summary of Absences by Member of the Titusville Environmental Commission to the regular City Council meeting on March 8, 2022 at 6:30 p.m. Member Stoeckel seconded the motion and it carried unanimously. 

 

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

 

Nathan Slusher commented on a proposal that he recommended and that requested assistance from the City and County on scheduling a hearing with the Florida Department of Environmental Protection (DEP), concerning water cooling and cleaning towers (location not given) that, per Mr. Slusher, may be discharging untreated waste water into the Indian River Lagoon. He further advised that he received a copy of the permit for the aforementioned equipment and he was still in the process of reviewing the details. Mr. Slusher further felt the public notice that was provided for the permit was poor and it was important to receive substantive information and presentations on such equipment, prior to permit(s) being issued. 

 

Brief discussion ensued on the purpose of the equipment described by Mr. Slusher. There were differences in Mr. Slusher’s understanding on the purpose of the equipment, compared with the City’s knowledge of the equipment and its purpose, which was for a chiller unit(s). This equipment allowed water to run down the side of the unit and that went into an evaporation or discharge unit, etc. 

 

Mayor Diesel advised that if the City learned the equipment was not for a chiller unit(s), then the City would be interested in this information. Mayor Diesel also recommended Mr. Slusher continue reading the permit’s details and contact him, if he (Mr. Slusher) was still certain the permit was for something else other than for chiller equipment. It was noted that a copy of the application for the permit in question was forwarded to the Council prior to the meeting. It was also noted that the City was not the regulatory agency for the equipment, but instead this was the DEP. 

 

Planning and Growth Management Director Peggy Busacca offered information on her understanding of the chiller unit’s discharge. The discharge was called industrial waste water because the only two options were called domestic or industrial waste water (for chiller discharge) and the discharge in question came from an industrial chiller. Second, the State law indicated that in order to discharge the industrial waste water into any body of water, the applicant would have to meet the standard of the body water that would receive the discharge. For example, if the discharge was considered Class II water, then the body of water that would receive the discharge must match the same water classification.

 

Mr. Slusher advised that the Florida Department of Environmental Protection’s (DEP) deadline to receive any requests on the matter was March 5, 2022. Vice-Mayor Jordan and Mr. Slusher also discussed that the County Commission voted earlier in the day to send a letter to the DEP requesting a public hearing on the matter. Mr. Slusher would follow-up with the County and the outcome of the County’s request. 

 

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Toni Shifalo felt that more and various methods of communication with the community could have resulted in more individuals attending the City’s strategic planning community workshop on Saturday, February 19, 2022. 

 

Stan Johnston distributed information. He expressed dissatisfaction with a project and receiving a response from the City. He was concerned developers were relocating a dirt access road that had bromeliads and a huge oak tree at the end. 

 

Atiya Nayra read from a prepared statement that reviewed her concerns and petitions from others that desired reversing the damages caused by industrialization, which negatively affected the natural environment, wildlife, clean water, etc.

 

Motion:

Member Nelson moved to give Ms. Nayra one additional minute to speak. Vice-Mayor Jordan seconded the motion and it carried unanimously. 

 

Ms. Nayra continued and commented on bringing her and other individuals’ petitions forward as a charter amendment during the 2022 elections.  

 

Michael Myjak read from a prepared statement that reviewed his concerns for the health of the Indian River Lagoon, the loss of marine life, and gathering petitions to amend the City’s charter via the upcoming election ballot.   

 

Kathleen Perez supported Mr. Myjak’s request to amend the City’s charter via the upcoming election ballot. She felt the City’s leadership needed to take the health of the Indian River Lagoon and clean water seriously. She advised that these initiatives were successful in Wekiva. 

 

Laurilee Thompson commented on the concerns expressed by Mr. Slusher on the Florida Department of Environmental Protection (DEP) issuing permits for water cooling and cleaning towers. She advised that any fresh water that was discharged into the Indian River Lagoon was a pollutant. Per Ms. Thompson, excessive amounts of fresh water disrupted or harmed the chemistry of the brackish body of water. Second, she commented on the Titusville Environmental Commission’s (TEC) recent recommendations, one including changing the City’s Land Development Regulations to require that Sylvester palm trees were not a replacement for canopy trees, for reasons she explained related to tree diseases, stormwater runoff, etc. 

 

Kay St. Onge read from a prepared statement that reviewed her concerns for the health of the Indian River Lagoon and manatee deaths. She recommended feeding manatees water hyacinths versus lettuce that did not offer manatees any nutrition. She advised that marine life experts supported feeding manatees’ water hyacinths and assured that prolific overgrowth of the plant would not occur in the brackish water, due to it was a fresh water plant. Ms. St. Onge also expressed concern on the Florida Wildlife Commission (FWC) indicating they did not have a plan to address starving manatees for the next year. To this, she petitioned Council to act.    

 

Mayor Diesel advised he attended meetings and had communications and sent formal letters to address manatee deaths. 

 

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CONSENT AGENDA

 

City Manager Larese read Consent Agenda Items A, B, C, D, E, and G, as followed:

 

  1. Funding for Certified Production Technician (CPT) Scholarship Program - Approve the funding request from the Economic Development Commission of Florida's Space Coast in the amount of $20,000 for the Certified Production Technician (CPT) Scholarship Program at Eastern Florida State College.

 

  1. Jess Parrish Medical Foundation Grant Award for emergency medical services (EMS) equipment - Accept the grant award from Jess Parrish Medical Foundation for $7,194 to purchase six (6) King Vision Laryngoscope Kits from vendor of record, Bound Tree Medical. Additionally, approve associated budget amendment.

 

  1. Neighborhood Revitalization Strategy Area (NRSA) Plan - Approve the Neighborhood Revitalization Strategy Area (NRSA) Plan for inclusion in the CDBG grant program and authorize submittal to HUD.

 

  1. Participation in State of Florida Settlement with Opioid Manufacturer Endo Pharmaceuticals - Accept and authorize the City Manager to execute the Subdivision Settlement Participation Form and any releases that may be necessary to finalize settlement pursuant to the Settlement Agreement dated January 15, 2022, between the State of Florida and Endo Pharmaceuticals ("Endo Settlement").

 

  1. Award of Contract for Construction Causeway Lift Station Improvements - Approve award of a Contract for Bid No.22-B-022/LR to Danus Utilities, Inc., of Sanford, FL for the construction of the Causeway Lift Station Improvements in the amount of $775,825 and authorize the Mayor to execute the Contract upon approval by the City Attorney's Office and the Purchasing Division.

 

  1. (Item withdrawn earlier in meeting)

 

  1. Advisability - Application Requirements for Future Land Use Map Amendments - Approve advisability for staff to review and propose changes, if necessary, to the application requirements for Future Land Use Map amendments.

 

Stan Johnston submitted public speaking cards on Consent Agenda Items A, B, C, E, and F. He reviewed why he was neutral or neither on Items A, B, and C. Mr. Johnston also reviewed why he was against or opposed to Items E and F. 

 

Toni Shifalo submitted a public speaking card on Consent Agenda Item C. She reviewed why she supported the requested action. 

 

Motion:

Vice-Mayor Jordan moved to approve Consent Agenda Items A, B, C, D, E, and G, 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. 4-2022 - Tranquility Community Development District (CDD) – City Attorney Broome read Ordinance No. 4-2022 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, GRANTING THE PETITION TO ESTABLISH THE TRANQUILITY COMMUNITY DEVELOPMENT DISTRICT, PURSUANT TO CHAPTER 190, FLORIDA STATUTES (2021), CONCERNING THAT CERTAIN APPROXIMATELY 455.76 +/- ACRES OF LAND; DESCRIBING THE PETITION TO ESTABLISH THE TRANQUILITY COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; AND AN EFFECTIVE DATE, for the second time by title only. 

 

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

 

Mayor Diesel opened the public hearing. 

 

Ken Artin, an attorney with the Bryant, Miller, & Olive Law Offices and on behalf of the petitioner of the proposed ordinance, reviewed the purpose of community development districts (CDD). 

 

Council discussion ensued with Mr. Artin on Community Development Districts (CDD), a CDD was mainly a financing tool for developers to lower their costs for tax exempt bonds, the CDD and the City having various and separate responsibilities related to infrastructure and maintenance, a CDD was like a powerful homeowners association subject to State Sunshine Law and other laws, the developer would install and dedicate to the City infrastructure improvements like underground pipes and roads, which the City would be responsible to maintain once dedicated; however, the CDD might also retain responsibility for maintaining items like stormwater management, etc.  A CDD was responsible for the items owned by the CDD and if there were system failures subject to regulatory fines for items the CDD owned, the CDD would be accountable to the State. 

 

Mark Watts, an attorney with Cobb Cole Law Offices and on behalf of the petitioner of the proposed ordinance, reviewed his firm’s experience with CDDs, a CDD’s form of management, transparency, financial audits and reporting requirements, ongoing maintenance of infrastructure, etc. 

 

Stan Johnston was opposed to Ordinance No. 4-2022. His concern was transparency. 

 

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

 

Motion:

Vice-Mayor Jordan moved to approve Ordinance No. 4-2022, as recommended. 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 – This item was tabled from the February 8, 2022 City Council meeting. City Attorney Broome read Ordinance No. 3-2022 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES TO DIFFERENTIATE TREE SURVEY REQUIREMENTS FOR DEVELOPMENTS MEETING MINIMUM TREE CANOPY STANDARDS AND COMMERCIAL, INDUSTRIAL AND RESIDENTIAL DEVELOPMENTS NOT REQUIRED TO MEET MINIMUM TREE CANOPY STANDARDS BY AMENDING SECTION 30-40 “TREE SURVEY REQUIRED BEFORE PERMIT”, AND AMENDING SECTIONS 6.1 “MASTER PLAN SUBMITTAL REQUIREMENTS”, 11.1 “SKETCH PLAT REQUIRED SUBMITTALS”, 12.1 “PRELIMINARY PLAT REQUIRED SUBMITTALS”, 14.2 “PRE-APPLICATION MEETING” AND 14.5 “SITE PLAN REQUIRED EXHIBITS” OF THE “DEVELOPMENT REVIEW PROCEDURES MANUAL”, AND SECTIONS 2.3 “TREE PROTECTION/REMOVAL”; AND AMENDING SECTION 2.5 “TREE PROTECTION DURING CONSTRUCTION” OF THE “ENVIRONMENTAL PROTECTION TECHNICAL MANUAL” TO AMEND REQUIREMENTS FOR PAVEMENT AND GRADE CHANGES WITHIN A CRITICAL ROOT ZONE; PROVIDING FOR 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 and report provided in the Council agenda packet. He advised that the Titusville Environmental Commission (TEC) considered this ordinance on January 12, 2022 and unanimously (7:0) recommended denial of the ordinance as proposed. The TEC voted unanimously to approve the tree survey ordinance with the following recommended changes to Section 30-40:

 

  1. Restore number 1 in Section (c) as it was;
  2. Change number 2 in Section (c) to say "For all sites the applicant shall provide the following:"
  3. In Section (c) (2) (a) at the end of the first sentence add after the "greater" the words "in the area of alteration";
  4. In Section (c) (2) (a) in the second sentence, change the words "tree survey" to "tree count by species and size six-inch dbh and greater"; and
  5. Remove all of (2) A,B,C,D and 1,2,3,4

 

The Planning and Zoning Commission (P&Z) considered this ordinance on January 19, 2022. The P&Z made a motion to deny as presented, 7-0. The P&Z made a motion to approve the tree survey ordinance with the following Titusville Environmental Commission recommendations with changes to Section 30-40. Restore number 1 in Section (C) as it was, change number 2 in Section (C) to say for all sites the applicant shall provide the following: In Section (C) 2 A. at the end of the first sentence add after the word “greater” in the development area. In Section (C) 2 A in the second sentence change the words “tree survey” to tree count by species and size six-inch dbh and greater. Also, remove all of (2) A,B,C,D and E 1,2,3,4. This motion also includes a recommendation to replace staff’s recommendations in the Technical Manual with a reference to see Section 30-40 of the ordinance. Motion approved unanimously 7-0 vote. The P&Z made a motion to request that City Council investigate the ramifications of keeping or deleting Section 30-40 (C) (1). Motion passed 6 yes, 1 no vote. One member stated that the P&Z already investigated issues and provided their recommendation to Council. 

 

Community Development Director Peggy Busacca reviewed various pieces of information provided in the Council agenda packet. She also distributed and provided additional revisions and information on the proposed ordinance to the Council. Discussion ensued on the following:

 

  • Being careful not to change Code language that should not be changed
  • The public contacting the City with their concerns on Code changes
  • Doing the least harm as possible
  • Tree regulations for industrial properties and based on acreage sizes
  • Deleting certain tree survey requirements or a sentence in the Code, due to it reduced incentives to maintain tree canopy
  • Credits for tree mitigation that incentivized having tree canopy
  • Specific language in the existing or proposed Code changes related to the circumference of trees at the diameter at breast height (dbh) measurement
  • Requirements for commercial and industrial properties, for both less than 5-acres and more than 5-acres (the indication this was a major consideration or point of concern) 
  • Cleaning-up or amending Code language on items like trees species, critical root zone(s), etc.

 

Mayor Diesel opened the public hearing. 

 

Edward Newman, an owner of Dark Storm Development, advised his company planned to develop a 10-acre property in the Spaceport Industrial Park and for an industrial use. He reviewed the different proposed versions of the proposed ordinance. He further reviewed what provisions he supported or did not want in the pending adoption of the proposed ordinance. 

 

Mary Sphar commented on creating a hybrid ordinance, deleting a certain provision in the Code or ordinance, her desire to stay with a single standard of 14-inches for the tree survey, saving trees and preserving tree canopy, etc. 

 

Kay St. Onge read from a prepared statement that reviewed her concerns and requests on protecting trees ranging from 14-inches to 20-inches dbh and greater, for industrial and multifamily projects larger than 5-acres. She requested requiring a tree survey for these types of development projects to account for the existence of these size trees and identifying invasive species of trees, etc. Ms. St. Onge also requested Council approve the Planning and Zoning Commission’s version of the tree survey ordinance. 

 

Stan Johnston felt Codes on tree requirements would be ignored or not enforced.  He also expressed concern for trees not being captured correctly on tree surveys. 

 

With no additional persons that wished to speak, the public hearing was closed. Council discussion ensued on the following items:

 

  • Recalling Council’s prior discussions on these matters and arriving at the current proposed Code language
  • Considering the 14-inch diameter at breast height (dbh) requirement on tree surveys
  • No mitigation for certain projects
  • Tree surveys would provide information on the trees on properties 
  • Costs incurred for tree surveys of smaller trees (or 6-inches)
  • Reaching a compromise  
  • Specifying the requirements for commercial and industrial projects 
  • At 20-inches dbh, mitigation was a requirement and other Code language allowed for conversation
  • 14-inches dbh for smaller projects and 20-inches dbh for larger projects

 

Motion:

Vice-Mayor Jordan moved to approve City staff’s version of Ordinance No. 3-2022, with revisions. Member Stoeckel seconded the motion with discussion.  

 

Member Stoeckel and staff discussed the use of aerial photos or sampling photos for tree surveys.

 

City Manager Larese briefly commented on language included in the strikethrough and underline copy of the proposed ordinance. 

 

Mayor Diesel supported 20-inch diameter at breast height (dbh) being mitigated.

 

The motion under Council’s consideration (on the floor) included approving City staff’s version of Ordinance No. 3-2022 and with revisions, as followed: (1) Remove Section 30-40(c)(1) – The tree and vegetation survey requirements as described below supersede all other provisions for the tree surveys found in the City land development code and technical manual; (2) Remove sentence from Section 30-40(c)(1)(a) (previously Section 30-40 (c)(2)(a) For acres to be preserved for mitigation credit, the tree survey shall also include all trees six-inch dbh and greater. (3) Ordinance should include for areas to be preserved for mitigation credit, the tree survey shall also include all trees 14 inch dbh and greater for parcels 5 acres or less and 20 inch dbh and greater for parcels more than 5 acres. Discussion also included the ordinance change would only affect commercial, industrial, and non-residential developments. 

 

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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ORDINANCES-FIRST READING

 

Small Scale Comprehensive Plan Amendment with Rezoning, SSA 1-2021 - SW Corner of SR 405 and Windover Way – Council tabled this agenda item earlier in the meeting and to the regular City Council meeting on March 8, 2022 at 6:30 p.m.

 

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OLD BUSINESS

 

Advisability - Amending Conditional Use Permit Requirements for Height in Urban Village (UV) Zoning District – City Manager Larese highlighted the request and report provided in the Council agenda packet. The request was to provide direction to staff regarding the advisability of amending the Conditional Use Permit (CUP) requirements for height in the Urban Village (UV) zoning district.

 

Community Development Director Busacca reviewed Council’s prior feedback on the subject matter.  She recalled that Council liked the concepts of conditional use permits (CUP), incentives, and setbacks, which she expanded. A proposed list of suggested incentives was provided. 

 

Member Nelson desired providing an ordered list of incentives, such as having electric car charging stations, etc.

 

Jesse Wright submitted a public speaking card and distributed information. He was affiliated with the Titusville Mall---a property located in the Urban Village (UV) zoning district. He displayed large concept drawings for the redevelopment of the mall property. He reviewed the phases he envisioned for the redevelopment project and the challenges the present Code regulations imposed on his plans to redevelop the property. 

 

Motion:

Member Nelson moved to give Mr. Wright three additional minutes to speak. Member Stoeckel seconded the motion and it carried unanimously. 

 

Mr. Wright continued and discussed a community meeting that he or his affiliates organized, but which was not well attended he advised. Mr. Wright requested Council allow a maximum allowable height of 75-feet in the UV zoning district and/or eliminate the requirement for a conditional use permit (CUP) or allow instead for the CUP to be approved administratively and no changes to previously approved existing plans (type of plans not specified). 

 

Vice-Mayor Jordan and staff discussed the length of time conditional use permits (CUPs) remained enforce and whether the CUP stayed enforce after a property was sold, having firm plans versus frequent changing concepts or plans for redevelopment, etc. 

 

Mr. Wright discussed details related to his present redevelopment plans and his current request to allow a maximum height of 75-feet for his project. 

 

Council and staff discussion ensued on three properties that were presently zoned Urban Village, current City regulations, an indication that Mr. Wright desired no additional public hearings (context or extent not clear), Mr. Wright’s plans for his property, for commercial properties having little or no setbacks that facilitated “activating the street”, projects located near residential areas, a trade-off for height was clearly called out in the U.S. Highway 1 Corridor (plan) and “this was where incentives came-in or additional set-backs came-in”, the rationale for Mr. Wright’s current request for a maximum allowable height of 75-feet was related to current fire safety codes, etc. 

 

Discussion continued on various pieces of information and the U.S. Highway 1 Corridor (plan) or conditional use permit (CUP) requirements, and three properties that were presently in the Urban Village (UV) zoning district. 

 

Rodney Honeycutt, an engineer on behalf of the Titusville Mall redevelopment project, advised his client’s project was a good project and items such as addressing blight, landscape, stormwater, etc. was reviewed. He commented on the maximum allowable height requested by his client at a prior Council meeting, commercial on the first floor of his client’s project was likely difficult to finance in a location or project (based on number of units) that was not considered dense. 

 

Mayor Diesel and Mr. Honeycutt discussed the Mayor’s questions on whether Hilton Hotels would commit to being located on the site of Mr. Wright’s project, maximum allowable height, receiving approval of a CUP, meeting Code requirements, Mr. Wright’s project benefited from building under 75-feet, etc. 

 

Member Stoeckel and Mr. Honeycutt discussed Member Stoeckel’s questions about prior efforts or conversations on Mr. Wright’s project and conditional use permit regulations applicable to height and the preservation of natural and open space in the Urban Village (UV) zoning district. 

 

Lisa McCotter submitted a public speaking card. She requested Council assist Mr. Wright to further his project located, which was located in the UV zoning district. She also discussed the City’s current requirements on the maximum allowable height and natural and open space requirements in UV zoning, as well as fire safety standards. 

 

Vice-Mayor Jordan commented that the Council could not speed-up changes to its Codes. If Council approved advisability at this meeting, staff would draft a proposed ordinance that would need to be advertised. In the meantime or if desired, individuals could work within the framework of the City’s existing Codes for their projects. 

 

William Cassell submitted a public speaking card. He also commented on behalf of Mr. Wright’s redevelopment project, addressing or meeting various and current Code requirements, accumulating project costs, his desire to eliminate the requirement of a conditional use permit, etc. 

 

Member Stoeckel commented on the City desired working efficiently and as fast as it could. Member Nelson and staff discussed the Council providing staff criteria, before determining whether hearings for a new ordinance and a conditional use permit application could be held on the same evening. 

 

Howard Graham submitted a public speaking card. He lived close to Mr. Wright’s redevelopment project. He felt the condition of the property was poor, he and his neighbors were enthusiastic on about Mr. Wright’s redevelopment project and the nearby community supported heights of new buildings on the subject site, etc. 

 

Carol Stanton submitted a public speaking card. She supported Mr. Wright’s redevelopment project, due to the condition of the current infrastructure was blighted. Ms. Stanton also supported building tall, modern, and beautiful infrastructure on the subject site of Mr. Wright’s redevelopment project. For a high-rise residential project, Ms. Stanton also requested installing a dog run area, for residents and their dogs. 

 

Toni Shifalo submitted a public speaking card. She expressed concern on the height of buildings and felt the scale of tall high rise buildings were in places like Miami, not Titusville. She emphasized considering perspective and scale when considering the overall community. 

 

Stan Johnston submitted a public speaking card. He did not support a high-rise community and did not support asking staff to draft an ordinance with any changes.  

 

H.D. McWhite submitted a public speaking card. He desired making changes in the community, while economic activity was healthy. This could include removing old landmarks like the Titusville Mall, but also still preserving historical aspects of the City. He advised that Titusville was once the modern place to live and work and its economy was resurging. 

 

Council and staff discussion ensued on various details, providing criteria, providing a list of incentive options for the Council to consider with a draft ordinance, such as amending the requirements on natural and open space, setbacks and buffers, height, reducing mixed-use “on the bottom” and providing flexibility, assisting developers with their goals and their success, challenges with using percentages and this terminology in ordinance language, commercial space requirements and criteria, conditional use permit procedures, etc. 

 

Mayor Diesel verified that Community Development Director Busacca had received the Council’s feedback, enough to draft an ordinance and provide advisability to amend conditional use permit requirements for height in Urban Village (UV) zoning district.  

 

Jesse Wright indicated that he had no plans to amend the height of his redevelopment project or his project plans (context of remarks not clear). 

 

Based on Council’s discussion and consensus to provide advisability to amend conditional use permit requirements, staff would prepare an ordinance to amend conditional use permit requirements for height in Urban Village (UV) zoning district.  

 

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Council modified the meeting’s agenda. 

 

Motion:

Vice-Mayor Jordan moved to immediately hear New Business Item B – Approval of Final Plat and Acceptance of Covenants and Performance Bonds for Verona Village D. Member Nelson seconded the motion and it carried unanimously. 

 

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Approval of Final Plat and Acceptance of Covenants and Performance Bonds for Verona Village D – City Attorney Broome reviewed the quasi-judicial rules of procedures. Mayor Diesel and Members Nelson and Stoeckel advised they had visited the site in the prior months. Each advised they had not formed opinions on the requested action. 

 

City Manager Larese highlighted the request and report provided in the Council agenda packet. The request was to approve the Final Plat, and covenants for Verona Village D, and accept the performance bonds for required infrastructure, and sidewalks. 

 

Stan Johnston submitted a public speaking card. He distributed his business card. Mr. Johnston expressed concerns on point-of-order procedures. He also reviewed his education and professional background. 

 

Motion:

Vice-Mayor Jordan moved to approve the Final Plat and Acceptance of Covenants and Performance Bonds for Verona Village D, as recommended.  Member Nelson 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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NEW BUSINESS

 

Establishment of an Audit Services Selection Committee and Selection of Committee Chairperson – City Manager Larese highlighted the request and report provided in the Council agenda packet. 

The request was to establish an Auditor Selection Committee consisting of three (3) members with at least one committee member of the governing body, who shall serve as the chair of the committee in compliance with Florida Statues 219.391(2). Additionally, the request included appointing a member of the current governing body to serve as the chairperson of this committee.

 

Council provided their consensus to establish an auditor selection committee consisting of three members; with at least one committee member of the governing body, who shall serve as the chair of the committee. Council requested that the language of the resolution read “one member of the current governing body would serve as the chairperson of this committee” versus providing a name of the member. Council also discussed that the two members of the committee can come from the private sector, public sector, or non-profit sector with a background in financial management of similar background. The two members must be a resident in Brevard County. Council supported that one employee of the City (Finance Director) serve in an advisory capacity. Staff advised that language can be included that the responsibilities of the members would end when the contract was executed.  

 

Stan Johnston submitted a public speaking card. He did not support particular members of Council serving on the Auditor Selection Committee for reasons he shared. 

 

 

A resolution would be prepared by staff and come back to Council for review and approval.  

 

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Approval of Final Plat and Acceptance of Covenants and Performance Bonds for Verona Village D – This item was heard earlier in the meeting. 

 

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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.

 

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Council Reports

 

Member Stoeckel gave a brief update on the 2022 State legislative activities.

 

Vice-Mayor Jordan commented on the harsh remarks a citizen made toward three Council members. He complimented the character of the Council members and encouraged the Council from taking the citizen’s remarks personally.

 

Member Nelson thanked Parrish Medical Center and hospital’s President/CEO Dr. George Mikitarian, who provided the funding for renovating Blanton Park. The park’s improvements were estimated to be completed in June 2022. She commended the hospital and Dr. Mikitarian for caring about the community. 

 

Member Robinson also commented in response to the harsh remarks a citizen made toward Council members. He also thanked the City Manager and City Attorney.  

 

Mayor Diesel advised the Council members did their very best to make the right decisions and not everyone would be happy. Mayor Diesel was pleased to be serving with the other Council. He also thanked the City Manager and City Attorney.  

 

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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:

 

  • Fiscal Year Strategic Planning Council/Staff Workshop – March 15, 2022 at 5:30 p.m. at City Hall
  • Annual Student Awards Ceremony – May 2, 2022 at 6:00 p.m. at Titusville High School

 

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CITY ATTORNEY’S REPORT – 

 

City Attorney Broome advised that the quasi-judicial rules of procedure were followed properly at the meeting (in response to one citizen’s criticism earlier in the meeting). 

 

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With no further business to discuss, the meeting adjourned at 10:28 p.m.