Regular City Council Meeting - June 14, 2022

CITY OF TITUSVILLE

COUNCIL AGENDA

June 14, 2022

6:30 PM - Council Chamber at City Hall

555 South Washington Avenue, Titusville, FL 32796

 

Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

 

Applicants for land use and zoning related items are advised that the resumes of staff members who prepare applicable staff reports are on file in the City Clerk's Office.

 

The City desires to accommodate persons with disabilities. Accordingly, any physically handicapped person, pursuant to Chapter 286.26 Florida Statutes, should, at least 48 hours prior to the meeting, submit a written request to the chairperson that the physically handicapped person desires to attend the meeting.

 

1. CALL TO ORDER

 

2. INVOCATION - A moment of silence will be held.

 

3. PLEDGE OF ALLEGIANCE

 

4. APPROVAL OF MINUTES

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

6. BOARDS AND COMMISSIONS

 

A. Titusville Environmental Commission Semi-Annual Report - June 2022 - The Titusville Environmental Commission's Semi-Annual Report will be presented. No action is required.

 

B. Titusville Environmental Commission (TEC) - Leave of Absences - Approve Titusville Environmental Commission (TEC) Regular Member Michael Myjak's request for a five month leave of absence from the TEC meetings for the months of June 2022 through October 2022. Additionally, approve Titusville Environmental Commission (TEC) Regular Member James Yount's request for a three month leave of absence from the TEC meetings for the months of June 2022 through August 2022.

 

C. North Brevard Economic Development Zone Dependent Special District Board - Accept the resignation of Regular Member Micah Loyd of the North Brevard Economic Development Zone Dependent Special District Board. The resignation was effective on May 18, 2022.

 

 

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

 

 

8. CONSENT AGENDA

 

A. Advisability Resolution No. 13-2022 - Vacate Right of Way (ROW) Application No. 1-2022, Orange Street - Adopt the Advisability Resolution No. 13-2022 announcing the date of a public hearing to consider vacating, abandoning, and discontinuing certain public streets for a portion of the public right-of-way of Orange Street and providing for an effective

date.

 

B. 2022 Funding for Resilient Florida Grant – PlanningProjects - Authorize the Mayor to sign the attached letter in support of the “Resilient Titusville Update and Adaptation Plan” project proposal being submitted for the 2022 Resilient Florida Grant Program and authorize the City manager to sign the completed Grant Application.

 

C. Award Contract - Landscape Maintenance Services - Approve award of contract to JB's Lawn Control, Inc. of Titusville, Florida in the annual amount of $428,423 for landscape maintenance services for state road medians, state road right of ways, City facilities, City riverfront parks, stormwater facilities and CRA district during a one-year term with three (3) optional one-year renewals, and authorize the City Manager to execute the contract.

 

D. Three Year Contract Renewal of DebtBook Software - Authorize the City Manager to sign and execute the contract for a three year renewal of DebtBook Software to lock in a discount rate of $7,500 per year with no implementation charges upon approval by the City Attorney's Office and the Purchasing Division.

 

E. Wash Rack Inspection, Maintenance and Repair Services Contract - Approve contract to EST Companies of Tempe, AZ in the amount of $197,052 over five years for wash rack inspection, maintenance and repair services for the wash rack located at the City Garage and authorize the Mayor to execute said contract.

 

F. Osprey Nutrient Removal Construction Change Order #7 to Contract #CN20-B-044 with Wharton-Smith, Inc. - Approve Change Order #7 in the amount of $119,942.23 to contract #CN20-B-044 with Wharton-Smith, Inc. to include additional work to repair a corroded existing wastewater pipeline and add an air relief valve on an existing waste activated sludge line, adjust the contract time by 10 days, and authorize the Mayor to execute the change order.

 

G. Participation in the State of Florida Opioid Litigation Settlements - 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 March 4, 2022, between the State of Florida and Walgreens.

 

H. Generator Maintenance, Inspection & Repairs Water Resources - Contract Amendment 1 - Approve contract Amendment 1 for Contract No. SV21B036, with (Primary) Csonka All Tech of Titusville, FL, and (Secondary) CJ’s Sales and Services of Ocala, FL, to edit the Compensation Section to allow for “on demand” repair service expenses to be approved based on the contract terms of providing a written quote of the services with cost prior to the work being performed. All "on demand" as needed repair services shall be contingent upon the support of existing budgeted funds. The authorized contract amount for the Annual Maintenance, Inspection, and Testing shall not exceed $27,000.00. In addition, authorize the Mayor to execute the contract amendment.

 

I. Purchase of Replacement Vehicles – Water Resources - Approve the use of the Florida Sheriff's Association Contract FSA20-VEL28.0 to purchase three replacement vehicles from Duval Ford of Jacksonville, FL in the amount of $195,756.20, and authorize City staff to issue resulting purchase orders. Also, approve the attached budget amendment to fully fund the purchases.

 

J. Purchase of Vehicle - Public Works - Approve the use of Florida Sheriffs Association Cooperative Purchasing Program contract #FSA20-VEH18.0, Heavy Trucks effective until 9/30/22 to purchase the budgeted vehicle replacement, project Z02239, to Duval Chevrolet of Jacksonville, Florida in the total amount of $85,197.60 for the purchase of a 2023 Chevrolet Silverado 3500 Truck and authorize issuance of a purchase order. Additionally, authorize associated budget amendment.

 

K. Purchase of 4 SpeedCheck Signs - Approve the use of FDOT contract #DOT-ITB-20-9034-GH; DOT-ITB-21-9049-SJ; DOT-ITB-21-9079-SJ effective November 4, 2019 through November 3, 2022, for APL Traffic Equipment for the purchase of four (4) SpeedCheck radar feedback signs in the amount of $20,300 from Temple, Inc. of Decatur, AL to be installed on Royal Oak Drive.

 

L. Extension of Maintenance Agreement on Two Streetsweepers - Approve the extension of the street sweeper maintenance plan in the amount of $17,600 to Environmental Products of Florida from Apopka, Florida until December of 2022 due to manufacturing delays relating to the delivery of the new street sweepers.

 

M. Acceptance of Easement from Hickory Creek Holdings, LLC - Accept a Utility Easement from Hickory Creek Holdings, LLC for the Canopy ALF project.

 

N. Acceptance of Easement from Titusville Medical Developers, LLC - Accept a Utility Easement from Titusville Medical Developers, LLC for the Titusville Medical Office project, 2335 South Washington Avenue.

 

O. Acceptance of Easement from Bragg Investment Company, Inc. - Accept a Utility (Water) Easement from Bragg Investment Company, Inc. for the Bragg Warehouse and Office project, 1430 Chaffee Drive.

 

P. Acceptance of Easement from Bragg Investment Company, Inc.  - Accept a Utility (Sewer) Easement from Bragg Investment Company, Inc. for the Bragg Warehouse and Office project, 1439 Chaffee Drive.

 

Q. Acceptance of Easement from DNC Parks & Resorts at 6225 Vectorspace, LLC - Accept a Utility Easement from DNC Parks & Resorts at 6225 Vectorspace, LLC for the Courtyard Marriott project.

 

R. Issuance of a Power of Attorney to Nationwide - Retirement Plans to prepare and file Voluntary Correction Program Compliance Forms with the IRS on the City's behalf - Authorize the Human Resources Director, as Plan Administrator, to issue a Power of Attorney to Nationwide Retirement Plans to act on the City's behalf to prepare and file the required Voluntary Correction Program Compliance documents with the IRS with regard to restatement of the City's deferred compensation plan.

 

S. Landscape Improvements - US#1 Corridor - Approve the budget amendment in the amount of $35,000 to fund additional landscape improvements within the US#1 corridor utilizing the plants listed and locations shown within the attachments. Additionally, approve creation of the new CRA project.

 

T. 2022-2023 School Board of Brevard County School Resource Officer Program - Approve and execute the 2022-2023 School Board of Brevard County SRO Program Memorandum of Understanding and the required budget amendment.

 

 

9. ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

A. Ordinance No. 23-2022 - Adult Day Care Facilities - Conduct the second public hearing for Ordinance No. 23-2022 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.

 

The Planning and Zoning Commission considered this ordinance at their meeting on May 18, 2022 and recommended approval of the ordinance with elimination of the proposed UMU limitation in (c) (2) related to DeLeon Avenue and Park Avenue with vote of 7-0.

 

 

B. Ordinance No. 24-2022 - Relating to Billboards Adjoining Interstate – 95 - Conduct the second public hearing of Ordinance No. 24-2022 amending the Code of Ordinances to establish specific standards for billboards adjoining the I-95 right-of-way by amending Section 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.

 

The Planning and Zoning Commission considered this ordinance on May 18, 2022 and recommended approval, 6-1. The member opposed provided no explanation.

 

 

C. Ordinance No. 25-2022 Updating the Water Resources Technical Specifications - Conduct the Second reading of Ordinance No. 25-2022 amending the Code of Ordinances by, amending Chapter 30, Article 1 “General Provisions”, Division 4, “Technical Manuals” Section 30-8 “Technical Manuals” by adding subsection (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. (This is the second reading and public hearing for this item).

 

 

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

 


D. Conditional Use Permit (CUP) No. 2-2022 Independence Recycling – Approve Conditional Use Permit No. 2-2022 to operate a concrete recycling facility at 84 Golden Knights Boulevard, based upon the evidence presented and include the conditions recommended by staff as they satisfactorily address the factors set forth in Sec. 34-76 of the Code.

 

The Planning and Zoning Commission considered this request at their April 6, 2022 meeting and recommended approval (4-2), with staff's conditions and the following four additional conditions:

 

1. The stock pile areas be treated as impervious surface for stormwater calculations.

 

2. A 50 foot tree preservation buffer be in the front along Golden Knight Blvd be required but a reduction on the north and west buffers to 25 feet.

 

3. The quarterly report for testing be shared with the City of Titusville every quarter.

 

4. The emergency response procedures be reviewed and approved by staff during the site plan review process. One member voted no because this location is too close to the Indian River Lagoon. One member voted no because of the location and concerns with chemicals and runoff.

 

 

The Titusville Environmental Commission considered this request at their May 11, 2022 meeting and recommended (6:1) with the following conditions:

 

1. Enhanced buffers (25ft North and West, 30ft East, and 50ft South).

 

2. A 6ft tall opaque fence to the south (Golden Knights Blvd), to be located behind the required natural landscape 50ft buffer.

 

3. A sound continuation barrier interior of the buffers to limit the sound to 65 dB at property line is required. 

 

4. A water-based dust suppression system required on site.

 

5. A sound study is required to be submitted to the City for their review and approval

 

6. All State required reports on testing of air, water, soils, etc. must be provided to the City of Titusville. 

 

7. All emergency response procedures be provided to the City to be reviewed and accepted by the City during site review process. 

 

8. All stockpile areas shall be treated as impervious surface for the stormwater calculations during site development permitting. 

 

9. Operations to be from 7am-4pm Monday-Friday. 

 

10. All on-site equipment must use the white noise backup sound. 

 

 

E. Small Scale Comprehensive Plan Amendment (SSA) No. 1-2021 Windover Parcel 22 3532-00-9 - Approve SSA No. 1-2021 and approve Ordinance No. 21-2022 amending the FLUM by changing the land use designation from Conservation and Commercial Low Intensity to Conservation, Commercial Low Intensity and Low Density Residential land use finding this consistent with the Comprehensive Plan and the Land Development Regulations.

 

and

 

Approve Ordinance No. 22-2022 finding this rezoning is consistent with the Comprehensive Plan and the rezoning criteria set forth in Section 34-40 of the Land Development Regulations. This recommendation is based upon the staff analysis, information and evidence presented, and in accordance with the City Charter of the City of Titusville, the Code of Ordinances and Land Development Regulations, Section 34-40 of the Code, the adopted comprehensive plan and the provisions of Chapter 163 and 166, Florida Statutes.

 

On April 20, 2022, the Planning and Zoning Commission, acting as the Local Planning Agency, recommended denial (6-1) of SSA #1-2021. The reasons provided were that two houses can already be built in the OR zoning district, that the R-1B zoning is too intense, and concerns about the impact to the trees.

 

 

10. ORDINANCES-FIRST READING

 

11. OLD BUSINESS

 

12. NEW BUSINESS


 

13. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA

ITEMS)


 

14. MAYOR AND COUNCIL REPORTS

 

A. Mayor's Report - The Mayor's Report is included in the agenda packet.

 

B. Council Reports - City Council Members will provide their individual reports.

 


15. CITY MANAGER’S REPORT

 

A. City Manager's Report - The City Manager's Report is included in the agenda packet.


 

16. CITY ATTORNEY’S REPORT