Regular City Council Meeting - May 24, 2022 at 6:30 PM

City Council 

Regular Meeting

May 24, 2022

The City of Titusville City Council met in regular session on Tuesday, May 24, 2022, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796. Vice-Mayor Robert L. Jordan, Jr. called the City Council meeting to order at 6:30 p.m.  

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

Vice-Mayor Jordan 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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Council modified the meeting agenda. 

Motion:

Member Nelson moved to pull Consent Agenda item 8 D.  - Award of Contract for Construction of the Area III Wellfield Electrical Project. Member Stoeckel seconded the motion and it carried unanimously. 

This agenda item was pulled from the City Council meeting agenda based on staff’s request.

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APPROVAL OF MINUTES

Motion:

Member Nelson moved to approve the minutes of the regular City Council meetings on March 22, 2022 (6:30 p.m.) and April 26, 2022 (5:30 p.m.), as submitted. Member Stoeckel seconded the motion and it carried unanimously. 

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SPECIAL RECOGNITIONS & PRESENTATIONS

Employee of the Month for May 2022 – City Manager Larese advised that Firefighter/Paramedic Patrick King of the Fire & Emergency Services Department was unavailable to attend the meeting. He would ensure that Mr. King received his plaque, gift, and recognition for being selected as the Employee of the Month for May 2022. 

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Letters of Appreciation – City Manager Larese read the names of employees that recently received letters of recognition, as followed:

Public Works Department (Solid Waste Division) – John Kelly, Equipment Operator

Community Development Department – Tim Ford, Redevelopment Planner

Fire & Emergency Services Department – 

            Michael Brosman – Firefighter/EMT

            Shawn Holbrook – Firefighter/Driver Operator/Paramedic 

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BOARDS AND COMMISSIONS

Titusville Historic Preservation Board (HPB) - Leave of Absence - The request was to approve Historic Preservation Board Regular Member Rosalie (Roz) Foster's request for a seven-month leave of absence from the Historic Preservation Board meetings, for the months of June 2022 through December 2022.

Motion:

Member Nelson moved to approve Historic Preservation Board Regular Member Rosalie (Roz) Foster's request for a seven-month leave of absence from the Historic Preservation Board meetings, for the months of June 2022 through December 2022, as recommended. Member Stoeckel seconded the motion and it carried unanimously. 

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North Brevard Library District Board – The North Brevard Library District Board's Semi-Annual written report was included in the agenda packet. No action was requested.

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Titusville Housing Authority – The request was to reappoint Regular Member Fletcher Portlock to the Titusville Housing Authority for a term to expire on May 31, 2026. No other applications were on file. The member was appointed by the Mayor with the approval of the City Council. 

Motion:

Member Nelson moved to reappoint Regular Member Fletcher Portlock to the Titusville Housing Authority for a term to expire on May 31, 2026, as recommended. Member Stoeckel seconded the motion and it carried unanimously. 

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Titusville Environmental Commission (TEC) Recommendation – The request was to consider the TEC's recommendation to approve the Right to Clean Water Charter Amendment for inclusion on the November 2022 Ballot. Vice-Mayor Jordan noted a previous discussion on the proposed Charter amendment. 

Stan Johnston submitted a public speaking card. He supported placing the proposed Charter amendment on the November 2022 election ballot, for reasons he explained, including that he desired governments be held accountable for mistakes that negatively affected the environment. 

Nathan Slusher submitted a public speaking card. He had studied the purpose of the TEC’s recommendation and supported the proposed Charter amendment, for reasons he explained, including being able to hold government accountable if the City intentionally or by negligence polluted the stormwater that flowed into the Indian River Lagoon.  

Toni Shifalo submitted a public speaking card. She requested being proactive and leading other cities in efforts to stop projects or land use activities that could harm the environment. She also requested Council approve putting the TEC’s recommendation and proposed Charter amendment on the 2022 election ballot. 

Michael Myjak submitted a public speaking card. He advised that he was the assistant director for the East Central Florida Rights of Nature Network, who championed rights for clean water in Florida. He advised the TEC also supported the State’s version of proposed similar action, which he felt was more restrictive. The difference between the proposed local charter amendment versus the proposal at the State level was a “right of nature” versus a “right to nature”.  Mr. Myjak continued and discussed how the proposed Right to Clean Water Charter Amendment would work to give the citizens a legal position in court and it would aid citizens with more than removing pollutants from the lagoon. The proposed Charter amendment would also accomplish more than the Save Our Indian River Lagoon ½-cent sales tax (Brevard voters approved in 2016). Additionally, Mr. Myjak felt that by asking Council to place the proposed Charter amendment on the 2022 election ballot, it was a lower cost approach to achieve the TEC’s recommendation.  

Nayra Atiya submitted a public speaking card. She commented on the importance of rivers being sacred, due to the benefits that clean water provided to communities and future generations. She advised this was why it was important to adopt laws to protect bodies of water. 

Member Nelson advised that she read both the proposed State Constitutional Amendment and the proposed (local) Right to Clean Water Charter Amendment. She liked the State Constitutional proposition because she believed it provided a right as an individual to sue State government agencies on these matters. The proposed Constitutional Amendment might also stop individuals in Tallahassee (State Legislature) that may not be as considerate or concerned about the health of bodies of water. 

City Attorney Broome reviewed information on the proposed State Constitutional Amendment. This proposal indicated a fundamental right to clean and healthy waters. A Constitutional Amendment was stronger than Florida Statutes and the City Charter. Additionally, a State Constitutional Amendment could not be adopted into the City’s Charter, because these legal instruments were distinctly different or legally unique.

Discussion ensued. Member Nelson commented on whether language could be amended in the City’s Charter in some fashion on these matters, which would have to be researched per City Attorney Broome. City Attorney Broome also reviewed information on changes to the Florida Statutes (F.S.) made one year ago, including language from the Environmental Protection Act and F.S. 403.412(9)(a), which indicated that 

A local government regulation, ordinance, code, rule, comprehensive plan, charter, or any other provision of law may not recognize or grant any legal rights to a plant, an animal, a body of water, or any other part of the natural environment that is not a person or political subdivision as defined in s. 1.01(8) or grant such person or political subdivision any specific rights relating to the natural environment not otherwise authorized in general law or specifically granted in the State Constitution. (2021 Florida Statutes)

Member Robinson felt the purpose of the TEC’s recommendation was wonderful. His concern was the financial cost of the recommendation. There were lingering questions on whether, how, and how many individuals or various entities, organizations, etc. that could join and bring cause(s) of action, the management and insurance for these matters, etc. To pay for these types of related costs, governments might have to increase taxes and anticipate complaints from citizens on the higher costs. He did not support the recommendation.  

Vice-Mayor Jordan also felt the purpose of TEC’s recommendation was noble, but he did not support the recommendation, due to it indicated a perpetual threat of litigation. 

Member Nelson did not think the proposed Charter amendment was written in a way that could move forward. 

The Council did not take any action on the Titusville Environmental Commission’s recommendation to approve the Right to Clean Water Charter Amendment for inclusion on the November 2022 Ballot.

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

Lisa Mosier thanked the City for assisting the First United Methodist Church to get a water meter and City water to support their community garden. 

Brenda Pittman of the First United Methodist Church commented on the activities and crops grown at the church’s community garden. 

Member Robinson commended the First United Methodist Church on the success of their community garden. 

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Stan Johnston felt that erroneous legal surveys for property should not be used for subdivisions. His concern was for the SNJ Oaks Subdivision and his belief that there were incorrect angles or measurements in the survey. 

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CONSENT AGENDA

City Manager Larese read Consent Agenda Items A, B, C, E, F, G, H, and I (Item 8 D was not read as it was pulled from the agenda earlier in the meeting), as followed:

FDOT at the corner of the Titusville High School entrance and S. Washington Ave. and authorize the City Manager to execute the change order.

Stan Johnston submitted public speaking cards on six Consent Agenda items. He commented on why he was against Consent Agenda Items B, D, E, F, and I. He also reviewed why he was neutral on Consent Agenda Item G. 

Motion:

Member Nelson moved to approve Consent Agenda Items A, B, C, E, F, G, H, and I, in accordance with the recommendations. Member Stoeckel seconded the motion and the roll call vote was: 

       Member Robinson                  Yes

                                    Member Nelson                      Yes

                                    Mayor Diesel                          Absent 

                                    Vice-Mayor Jordan                 Yes

                                    Member Stoeckel                    Yes

The motion carried unanimously.

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

Ordinance No. 23-2022 - Adult Day Care Facilities – City Attorney Broome read Ordinance No. 23-2022 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES TO CREATE ADULT DAY CARE AS A LIMITED USE AND SETTING FORTH CONDITIONS FOR ADULT DAY CARE AS A LIMITED USE IN CERTAIN ZONING CATEGORIES BY CREATING CHAPTER 28 “ZONING” SECTION 28-90 “ADULT DAY CARE” AND AMENDING SECTION 28-54 “USE TABLE”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time by title only. 

City Manager Larese highlighted the request provided in the Council agenda packet.  The Planning and Zoning Commission considered this ordinance at their meeting on May 18, 2022 and recommended approval with the elimination of the proposed UMU limitation in (c)(2) related to DeLeon Avenue and Park Avenue.

Vice-Mayor Jordan opened the first of two public hearings. Due to there were no individuals that wished to speak, Vice-Mayor Jordan closed the first public hearing. 

This was the first reading and first public hearing of Ordinance No. 23-2022.  The second reading and final public hearing was scheduled for the regular City Council meeting on June 14, 2022 at 6:30 p.m.

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Ordinance No. 24-2022 - Billboards Adjoining Interstate – 95 - City Attorney Broome read Ordinance No. 24-2022 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES TO ESTABLISH SPECIFIC STANDARDS FOR BILLBOARDS ADJOINING THE I-95 RIGHT-OF-WAY  BY AMENDING SECTIONS 28-102 “BILLBOARD” AND  32-26 “BENCH SIGNS, BUS BENCHES, BUS SHELTERS AND BILLBOARDS”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time by title only.

City Manager Larese highlighted the request provided in the Council agenda packet. The Planning and Zoning Commission considered this ordinance on May 18, 2022 and recommended approval, 6-1. The member opposed provided no explanation.

Vice-Mayor Jordan opened the first of two public hearings. Due to there were no individuals that wished to speak, Vice-Mayor Jordan closed the first public hearing. 

This was the first reading and first public hearing of Ordinance No. 24-2022.  The second reading and final public hearing was scheduled for the regular City Council meeting on June 14, 2022 at 6:30 p.m.

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ORDINANCES-FIRST READING

Ordinance No. 25-2022 Updating the Water Resources Technical  Specifications - City Attorney Broome read Ordinance No. 25-2022 – City Attorney Broome read Ordinance No. 25-2022 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 30, ARTICLE I “GENERAL PROVISIONS”, DIVISION 4, “TECHNICAL MANUALS” SECTION 30-8 “TECHNICAL MANUALS” BY ADDING SUB-SECTION (i) INCORPORATING THE 2022 WATER RESOURCES TECHNICAL SPECIFICATIONS; BY REVISING EXISTING LANGUAGE FOR CLARIFICATION; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE, AND INCORPORATION INTO THE CODE, for the first time by title only. 

City Manager Larese highlighted the information provided in the Council agenda packet. This was the first reading of Ordinance No. 25-2022.  The public hearing was scheduled for the regular City Council meeting on June 14, 2022 at 6:30 p.m.

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OLD BUSINESS – None.

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NEW BUSINESS

City Hall Light-Emitting Diode (LED) Sign - Design Advisability – City Manager Larese highlighted the request provided in the Council agenda packet.  The original signs at the Fire Department and City Hall were submitted and installed utilizing older technology. As a result, the messages were not always readable and limited in the number of words used per posting. The City Hall sign no longer functioned and was approved for replacement.  The signs  were used for safety messages, public/city events, job announcements, local attractions and various other City communications.

The request at this meeting was for Council to make a design recommendation based on LED sign designs presented by staff. Community Relations Director Jim Thomas gave a brief presentation that reviewed the following information:

• Background information on how the LED signs came into existence
• Overview on the request at this Council meeting
• Design preferences and examples
• Pixels per module ranging from 6mm (high resolution) through 19mm (low resolution) 
• Three visual graphic choices for Council’s consideration

Council discussion ensued on the three design choices presented by staff, sizes, aesthetics, etc. 

Nathan Slusher submitted a public speaking card. He suggested combining Design Numbers 1 and 2, which he explained.  

The Council reached a consensus and made a design recommendation to incorporate Design Numbers 1 & 2, by using the bottom of Design 1 on Design 2 as pictured on the last page of staff’s PowerPoint presentation.  

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Advisability Regarding City-Owned Property (Parcel ID: 23-35-11-00-1) - City Manager Larese highlighted the request provided in the Council agenda packet. In November 2004, for $100.00 and other considerations, the City acquired a 20-acre +/- parcel of land from the Flagler Development Corporation. The property, which was situated between the Florida East Coast (FEC) Railway and the Space Coast Regional Airport, was intended to be used for the construction of a new Public Works complex. Originally anticipated to cost $3.5 million, by 2007-2008, a declining economy along with escalating construction costs resulted in a project price tag of more than $7.5 million, and staff was directed to develop a less expensive alternative for the complex.

Presently, the 20-acre +/-  parcel, which was zoned M-2 (Heavy Industrial), remained vacant yet was poised for development. In Titusville, aerospace, space tourism, and other space and non-space-related industries were burgeoning. One of the fastest-growing areas of the City was situated on Space Port Regional Airport property.

The strategic proximity of the City-owned land to the airport rendered it extremely valuable for incentivizing a future economic development project. In addition, when the City purchased the property from Flagler, a condition outlined in the “option to purchase” required the City to complete certain site and utility work, which augmented the value and appeal of the property for developers.

Staff was therefore requesting direction with regard to Council's wishes for this City-owned 20-acre +/-  parcel. If it was utilized for economic development purposes, it was probable that the City would benefit more than if the property were simply placed on the market for sale.  If Council considered the property be made available for economic development purposes, it was recommended that staff develop criteria and Council provide general criteria for projects that Council would consider favorably.  These criteria could be similar to those for consideration of ad valorem tax (AVT) abatements, and would be brought back to Council for discussion before finalization.

The request at this meeting was to advise staff of Council's intentions and objectives for City owned property, Parcel ID 23-35-11-00-1. 

Brief discussion ensued and the Council reached a consensus. The Council did not wish to sell the property at this time. Council also supported the property being made available for economic development purposes; therefore, staff would develop criteria providing general criteria for projects that Council would consider favorably. The criteria could be similar to those for consideration of AVT and would be brought back to Council for discussion before finalization.

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Resolution No. 12-2022 Authorizing State Revolving Fund Loans for Project WW05035 and Project WW05034 - City Manager Larese highlighted the request provided in the Council agenda packet. In the Fall of 2018, the Water Resources Department embarked on a mission to stop all sanitary sewer spills from the system. The first step was to develop a master plan of the entire system.  With the assistance of consulting engineers, a hydraulic computer model was developed to analyze the operation of the system. The model was used to develop asset risk scores for force mains and lift stations throughout the City. These risk scores were used to recommend specific system improvements. 

In late December 2020, a force main break occurred north of the Causeway Lift Station under a pond at Sand Point Park. Sections of this force main were from 1958, made of cast iron, and were reaching the end of their service life. As a result of the force main break, the Florida Department of Environmental Protection (DEP) required it be replaced through Consent Order 21-0113 by December 31, 2023. 

On February 25, 2022 the City received notice that two projects were selected and placed on the priority list for State Revolving Fund (SRF) loans. The priority list included funding for the Planning/Design of  the Lime Street Lift Station,  Riverside Drive Force Main, and Sisson Road Force Main Improvements in the amount of $1,580,000 as described in SRF Project WW05035. The priority list also included funding for the construction of Indian River Force Main Improvements as described in SRF Project WW05034 in the amount of $4,889,000.  These SRF loans would be issued at an interest rate of 0.07%. This would provide the City the opportunity to access funding at an extremely low interest rates during a period of soaring inflation. 

Accordingly, it was recommended City Council adopt Resolution No. 12-2022 authorizing the City to apply for and enter into two loan agreements with the Clean Water State Revolving Fund (SRF) and approve the related budget amendment.  Resolution No. 12-2022 served to authorize  the City to apply for and enter into two loan agreements with the Clean Water State Revolving Fund (SRF). SRF Project WW05035 includes funding for the design of the Lime Street Lift Station, Riverside Drive Force Main, and Sisson Road Force Main Improvements. SRF Project WW05034 included funding for the construction of Indian River Force Main Improvements. It was also recommended that City Council approve the necessary related budget amendments.

Motion:

Member Robinson moved to approve Resolution No. 12-2022 authorizing the City to apply for and enter into two loan agreements with the Clean Water State Revolving Fund (SRF), including SRF Project WW05035 that included funding for the design of the Lime Street Lift Station, Riverside Drive Force Main, and Sisson Road Force Main Improvements and SRF Project WW05034 that included funding for the construction of Indian River Force Main Improvements, as recommended. Member Stoeckel seconded the motion for discussion.

Member Robinson moved to amend the motion on the floor by adding the approval of the related and necessary budget amendments, as recommended. Member Stoeckel’s second held.

Member Stoeckel desired whether staff wanted to add or discuss any information with the Council. 

Water Resources Director Sean Stauffer reviewed information on the construction of the force main required by the aforementioned Consent Order, the loan for its construction, the City already being awarded the loan(s) by the SRF and getting Council’s authorization on the use of the loan(s). Third, the cost of the four aforementioned projects funded by the two aforementioned loans also included the debt service costs in the rate study. 

The roll call vote was: 

                                    Member Nelson                      Yes

                                    Mayor Diesel                          Absent 

                                    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 (NON-AGENDA ITEMS) – 

Nathan Slusher commended Member Stoeckel on representing the City at a recent breakfast event attended by elected officials and others from various cities.  

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MAYOR AND COUNCIL REPORTS

Mayor's Report – Although Mayor Diesel was absent, his report was provided in the Council agenda packet.

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Member Nelson commented on the status of Brevard County Parks and Recreation Office obtaining a permit from the St. Johns River Water Management District for improvements scheduled at Blanton Park. She also commented on closing the park to the public during the construction that was scheduled at the park. 

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Member Nelson commented on being invited to an upcoming presentation on 3D computer printed houses. Others were also looking at this type of construction for affordable housing purposes. 

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Member Robinson commented on his communications with a developer that was reviewing building affordable housing in the community by DeLeon Avenue. 

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Vice-Mayor Jordan commented on his recent attendance of the Astronaut High School graduation ceremony. 

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CITY MANAGER’S REPORT

City Manager's Report - City Manager Larese submitted his written report. One item was scheduled for Council’s consideration. 

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Special Meeting – SSA No. 1-2021 Windover – City Manager Larese advised that due to there was a significant community interest in Small Scale Amendment Application No. 1-2021, the Council may consider scheduling a special City Council meeting to conduct the second reading of the related ordinances and the public hearing on this item. 

After brief discussion, the Council did not wish to set a special City Council meeting to hear Small Scale Amendment No. 1-2021; therefore, the public hearing would remain scheduled for the regular City Council meeting on June 14, 2022 at 6:30 p.m.

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

1. Budget Workshop – Tuesday, August 16, 2022 at 5:00 p.m.
2. First Public Hearing – Wednesday, September 14, 2022 at 5:30 p.m.
3. Second and Final Public Hearing – Thursday, September 22, 2022 at 5:30 p.m.

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CITY ATTORNEY’S REPORT

UPS Class Action Settlement – City Attorney Broome reviewed the request provided in the Council agenda packet, which was to remain as a party in the class action suit. The City of Titusville was identified as a party who may have been affected by this UPS class action. According to the class action notification, "If from January 1, 2011, through December 29, 2013, you shipped directly with UPS a U.S. -origin package with a declared value in excess of $300 pursuant to UPS's published non-Retail rates or in excess of $200 pursuant to UPS's published Retail rates, you might be eligible for a payment from a class action settlement”.  If the City did not wish to be bound by the Class Action Settlement, then the City must exclude itself by May 30, 2022. If the City did not exclude itself, it would release claims it may have against UPS as part of a settlement.

Council provided their consensus to remain as a party in the class action suit.

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Memorandum Regarding Notification of Rent Increases and Rent Control – City Attorney Broome advised that at the Council Meeting held on May 12, 2022, the City Council inquired about a possible ordinance being considered by the City of Cocoa requesting the imposition of residential rent increase notices to tenants. The memorandum was included in the Council agenda packet in response to the inquiry, which City Attorney Broome reviewed with the Council. City Attorney Broome also provided additional information on rent controls or policies that were regulated by the Florida Statutes. There were strict processes that cities could utilize and required on an annual basis to assist the community on these matters. 

Council did not take any action.

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With no further business to discuss, the meeting adjourned at 8:08 p.m.