Regular City Council - August 23, 2022 at 6:30 PM

City Council 

Regular Meeting

August 23, 2022

The City of Titusville City Council met in regular session on Tuesday, August 23, 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 6:30 p.m. 

Those present in the Council Chamber included Mayor Daniel E. Diesel, Vice-Mayor Robert L. Jordan, Jr., and City Council Members Joe C. Robinson, and Dr. Sarah Stoeckel. Council Member Jo Lynn Nelson 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. 

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:

Vice-Mayor Jordan moved to approve the minutes of the regular City Council meeting on June 14, 2022, as submitted. Member Stoeckel seconded the motion and it carried unanimously. 

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SPECICAL ROCOGNITIONS AND PRESENTATIONS – None.

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BOARDS AND COMMISSIONS

Historic Preservation Board – The request was to accept the resignation of Regular Member James Green of the Historic Preservation Board for an unexpired term that would expire on October 31, 2022. The resignation was effective on August 3, 2022.

Motion:

Vice-Mayor Jordan moved to accept the resignation of Historic Preservation Board Regular Member James Green with an unexpired term that will expire on October 31, 2022. The resignation was effective on August 3, 2022. Member Stoeckel seconded the motion and the roll call vote was:

       Member Robinson                  Yes

                                    Member Nelson                      Absent

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes

                                   Member Stoeckel                    Yes

The motion carried unanimously.

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North Brevard Commission on Parks and Recreation – The request was to appoint two regular members to the North Brevard Commission of Parks and Recreation with terms to expire on August 31, 2024. The terms of regular members Andrew Connors and William Klein expired on August 31, 2022. Both individuals had expressed their desire to continue serving on this board as City Council appointees. There were no other applications on file.

Tom Perez submitted a public speaking card. He expressed his support of one of the applicants.   

Motion:

Member Robinson moved to reappoint Regular Members Andrew Connors and William Klein to the North Brevard Commission of Parks and Recreation, for two-year terms that would expire on August 31, 2024. Member Stoeckel seconded the motion and the roll call vote was:

                                    Member Nelson                      Absent

                                    Mayor Diesel                          Yes

                                    Vice-Mayor Jordan                 Yes

                                    Member Stoeckel                    Yes

       Member Robinson                  Yes

The motion carried unanimously.

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Titusville Environmental Commission – The request was to appoint one regular member to the Titusville Environmental Commission (TEC) with an unexpired term to expire on November 30, 2022. Four applications were on file for the Council’s consideration. Alternate Member Yvette Flis (currently served as an alternate member), Mr. Robert Johnston, Mr. Todd St. Louis (non-resident), and Mr. Hector Delgado had applied and expressed their desire to serve as a regular member on the Titusville Environmental Commission, for an unexpired term to expire on November 30, 2022.

City Manager Larese advised that William Young currently served as an alternate member on the TEC (term to expire on November 30, 2024); however, he did not wish to be considered as a regular member at this time. Additionally, Yvette Flis also currently served as an alternate member on the TEC and if she was not appointed as a regular member, she wished to continue serving as an alternate member (term to expire on November 30, 2023). 

Stan Johnston distributed his business card. He commented on behalf of his application, qualifications, and the particular issues that he was concerned with, which he desired addressing if appointed to the TEC.  

Hector Delgado commented on behalf of his application, community involvement, and qualifications. 

Vice-Mayor Jordan nominated and supported Hector Delgado’s application, for reasons he explained. Member Robinson and Mayor Diesel reviewed the reasons they also supported Mr. Delgado’s application. 

Motion:

Vice-Mayor Jordan moved to appoint Hector Delgado as a regular member of the Titusville Environmental Commission, with an unexpired term to expire on November 30, 2022. Member Robinson seconded the motion and the roll call vote was:

                             Vice-Mayor Jordan                 Yes

                             Member Stoeckel                    Yes

Member Robinson                  Yes

Member Nelson                      Absent

Mayor Diesel                          Yes

The motion carried unanimously.

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2022/2023 Student Advisory Council Membership Appointment – The request was to confirm Mr. Cooper Mangini as a member of the 2022/2023 Student Advisory Council and 9th grade representative of Astronaut High School, as nominated by his school.

Motion:

Vice-Mayor Jordan moved to confirm Mr. Cooper Mangini as a member of the 2022/2023 Student Advisory Council and 9th grade representative of Astronaut High School, as nominated by his school. Member Stoeckel seconded the motion and the roll call vote was:

                             Member Stoeckel                    Yes

Member Robinson                  Yes

Member Nelson                      Absent

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

The motion carried unanimously.

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

Bill Klein read from a prepared statement. He requested the City Council to ask or direct the City Attorney or legal designee to review the proposed Right to Clean Water Charter Amendment being championed by Speak Up Titusville (political committee) and make any necessary edits to eliminate wording problems. 

Mayor Diesel and City Attorney Broome summarized that the City could not change the language of the proposed City Charter amendment, because it was not what the citizens that signed the political committee’s petition had signed or agreed to with the proposed City Charter amendment. In short, Mr. Klein’s request was not legally permissible. City Attorney Broome added that the City’s legal designee was reviewing whether the wording of the proposed City Charter amendment was preempted (not permissible) by State Statutes, etc.   

Vice-Mayor Jordan reviewed the information provided by Mayor Diesel and City Attorney Broome. He also highlighted the procedure for citizens to champion adding an item on the election ballot and reasons why he did not support the political committee’s proposed Charter amendment.     

If the proposed Charter amendment was later determined not to be permissible by the Florida Statutes, etc., Mr. Klein requested that the City Council work with the political committee to construct ballot language that all stakeholders could agree on. 

Mayor Diesel commented on taking one step at a time and learning the outcome of the current pending status of the proposed Charter amendment. To this, Mr. Klein thanked the Council. 

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Stan Johnston, a registered professional engineer, read from a prepared statement, which gave reports of other individuals’ and their accounts of how spray from a pond’s fountain following a sewage spill affected their health.  He further commented on his concerns on the matter. 

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Bob Boswell, Executive Director of the Valiant Air Command Warbird Museum, requested a letter of support from City Council for an expansion plan that will include the construction of a convention center at their current location. Mr. Boswell also advised that he will be requesting funding from the North Brevard Economic Development Zone and the Brevard Tourist Development Council to assist with their expansion plan.  

Mayor Diesel reviewed prior events held at the Valiant Air Command Warbird Museum. Vice-Mayor Jordan and Mr. Boswell discussed the size of the expansion project and the estimated cost of expansion project of $1.9 million. Approximately 16,000 square feet would be set aside as a convention center. There would also be additional parking. 

There was a consensus from Council to provide a letter of support for the expansion plan and the initiative to construct a convention center at the Valiant Air Command Warbird Museum’s current location and support of any funding request to the North Brevard Economic Development Zone and the Brevard Tourist Development Council. To this, Mr. Boswell thanked the Council. 

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CONSENT AGENDA

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

Stan Johnston submitted public speaking cards on Consent Agenda Items A through E. He reviewed why he was opposed to Consent Agenda Item A and why he was neutral on Consent Agenda Items B through E. 

Motion:

Vice-Mayor Jordan moved to approve Consent Agenda Items A through E, in accordance with recommendations. Member Stoeckel seconded the motion and the roll call vote was:

Member Robinson                  Yes

Member Nelson                      Absent

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

The motion carried unanimously.

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

Resolution No. 16-2022 - Confirming and Certifying the Rate and Annual Stormwater Utility Assessment Roll – City Manager Larese highlighted the request in the Council agenda packet. The request was to approve Resolution No. 16-2022 confirming and certifying the rate and annual Stormwater Utility assessment roll for the municipal fiscal year beginning October 1, 2022; increasing the service rate charge; forwarding the assessment roll to the Tax Collector's Office for collection; utilizing the uniform method of collecting non-ad valorem special assessments levied within the incorporated area of the City, as authorized under section 197.3632, Florida Statutes; adopting findings of fact; providing for an effective date.

Mayor Diesel opened the public hearing.

Stan Johnston felt some items were not proper, such as the design of a particular dam, which he explained his concerns. He desired the items be corrected. 

Stu Buchanan supported Resolution No. 16-2022 for reasons he explained. He commented on his familiarity of older housing developments and stormwater issues, obtaining grant funding to fund the related local improvements on these matters, etc. 

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

Motion:

Vice-Mayor Jordan moved to approve Resolution No. 16-2022 confirming and certifying the rate and Annual Stormwater Utility Assessment Roll, as recommended. Member Stoeckel seconded the motion and the roll call vote was:

Member Nelson                      Absent

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

The motion carried unanimously.

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Ordinance No. 29-2022, Establishing Code Enforcement Lien Reduction Process – City Attorney Broome read Ordinance No. 29-2022 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING CHAPTER 31, ARTICLE V, “CODE ENFORCEMENT BOARD/SPECIAL MAGISTRATE”, BY AMENDING SECTION 31-71, “ADMINISTRATIVE FINES AND LIENS” BY ADDING A SUBSECTION CREATING A CODE ENFORCEMENT LIEN REDUCTION PROCESS; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; INCORPORATION INTO THE CODE AND AN EFFECTIVE DATE, for the second time by title only. 

City Manager Larese highlighted the information provided in the Council agenda packet. 

Mayor Diesel opened the public hearing.

Stan Johnston supported proposed Ordinance No. 29-2022, for reasons he explained. 

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

Motion:

Vice-Mayor Jordan moved to approve Ordinance No. 29-2022, Establishing the Code Enforcement Lien Reduction Process, as recommended. Member Stoeckel seconded the motion and the roll call vote was:

                             Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Nelson                      Absent

Mayor Diesel                          Yes

The motion carried unanimously.

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Ordinance No. 30-2022 - Relating to Building Trades Services – City Attorney Broome read Ordinance No. 30-2022 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA TO ALLOW BUILDING TRADES SERVICES AS LIMITED USES IN THE COMMUNITY COMMERCIAL (CC) AND PLANNED INDUSTRIAL DEVELOPMENT (PID) ZONING DISTRICTS AND AMENDING THE CONDITIONS FOR BUILDING TRADES IN THE URBAN MIXED USE (UMU) ZONING DISTRICT BY AMENDING SECTIONS  28-54 “USE TABLE” AND 28-203 “BUILDING TRADES SERVICES”; 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. The Planning and Zoning Commission considered this ordinance at their meeting on August 17, 2022 and recommended approval, 7-0.

Mayor Diesel opened the first of two required public hearings. As no one wished to speak, the first public hearing was closed. 

This was the first reading and first public hearing of Ordinance No. 30-2022.   The second and final public hearing was scheduled for the regular City Council meeting on September 13, 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

Work Order for Consultant to Review Conditional Use Permit No. 2-2022, Independence Recycling, RFP #22-P-052/LR – City Manager Larese highlighted the information in the Council agenda packet. The request was to authorize the City Manager to execute work orders with Barnes, Ferland, and Associates, Inc., Orlando, FL to review Conditional Use Permit (CUP) Application No. 2-2022, Independence Recycling and the report of the Applicant's expert, and provide written analysis and an opinion regarding the potential impacts of the concrete recycling operation to groundwater and the Indian River Lagoon (stormwater).

City Manager Larese advised that on July 12, 2022, City Council approved a Request for Proposal (RFP) for a firm to review proposed CUP Application No. 2-2022, Independence Recycling and review the report prepared by the applicant's expert. The scope of services included the following tasks:

1. Review of the application for Conditional Use Permit (CUP) No. 2-2022, Independence Recycling, for compliance with Section 34-76. subsections (a) (3), (5) and (10), Review criteria to evaluate potential adverse impacts of the proposed concrete recycling operation on the surrounding area (Section 34-76 (a) (3 and (5)), and compliance of the proposed use with the City’s requirements for recycling and mulching/composting facilities (Section 28-217). Special attention should be given to health impacts of concrete crushing operations on residents in the nearby vicinity, as well as impacts to the Indian River Lagoon, and groundwater quality, and any impacts on nearby drinking water wells.

2. Review of the June 14, 2022 City Council discussion of CUP No. 2-2022 and the Labyrinth Management Group, Inc. Final Report: Review and Evaluation of the Environmental Aspects of the Independence Recycling Florida Concrete Recycling Proposed in Titusville Florida (CUP No. 2-2022 – Independence Recycling) for completeness, correctness and consistency with the City’s requirements set forth in Task 1 above.

3. Prepare a written report presenting the findings of Task 1 and 2 above.

4. Serve as an expert witness to present the report and answer questions as an expert witness during a City Council meeting in which the proposed CUP is reviewed by the City Council.

In addition, the RFP stated that the City was seeking a proposer with experience in geology and environmental evaluation/environmental risk management should also have demonstrated experience in the applicable Florida Department Environmental Protection (DEP) regulatory programs of air quality and stormwater regulations.  Experience/knowledge of recycle aggregate concrete plants or other bulk materials operations was important. Familiarity with local environmental conditions in Brevard County was important.

On July 18, 2022, RFP #22-P-052/LR was advertised for Consulting Services.  There were no proposals received by the City in response to the RFP; therefore, staff recommended that the City Council authorize the City Manager to execute work orders with Barnes, Ferland, and Associates, Inc., Orlando, FL to review the potential impacts of the concrete recycling operation to groundwater and the Indian River Lagoon (stormwater), upon review and approval from the City Manager and City Attorney.

The City has a continuing contract with BFE Environmental to conduct hydrology and stormwater analyses as needed. The consultant has agreed to submit a scope and cost of services in time for the City Council's regular meeting on August 23, 2022. The consultant had indicated that the analyses could be conducted in time for the public hearing at City Council's regular meeting on October 11, 2022, but additional studies, including a noise and/or air study would take additional time.

City Manager Larese advised that the draft proposal had been sent to Barnes, Ferland, and Associates, who reportedly had not had time to respond completely to the aforementioned Request for Proposal (RFP). City Manager Larese was not seeking Council’s approval of the RFP at this meeting, but instead, he was seeking the Council’s feedback on whether the requested action accurately captured the tasks that the Council desired of the City’s consultant to complete for the pending and proposed Conditional Use Permit (CUP) Application No. 2-2022. City Manager Larese added that if the Council desired using Barnes, Ferland, and Associates for the aforementioned tasks, contract language and pricing would be presented for Council’s consideration at the regular City Council meeting on September 13, 2022. 

Mayor Diesel felt that Barnes, Ferland, and Associates were qualified and acceptable to provide expert analysis on behalf of the City. Member Stoeckel felt the tasks provided in the Council agenda packet covered the Council’s prior discussion. 

Stan Johnston submitted a public speaking card. He commented on proving to the community that the proposed CUP was safe. Mr. Johnston recommended the Council visit an actual concrete recycling plant, instead of hiring a consultant. 

Motion:

Vice-Mayor Jordan Moved to approve authorize the City Manager to execute work orders with Barnes, Ferland, and Associates, Inc., Orlando, FL to review Conditional Use Permit (CUP) Application No. 2-2022, Independence Recycling and the report of the Applicant's expert, and provide written analysis and an opinion regarding the potential impacts of the concrete recycling operation to groundwater and the Indian River Lagoon (stormwater). Member Stoeckel seconded the motion and the roll call vote was:

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Nelson                      Absent

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

The motion carried unanimously.

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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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Mayor Diesel expressed concern of the regular City Council meetings being held on the same day as the primary and general elections. City Council concurred. Discussion included that the upcoming general election was being held on the same day as the regular City Council meeting.  

Based on the discussion, City Manager Larese suggested moving the regular City Council meeting on Tuesday, November 8, 2022 to Wednesday, November 9, 2022.  Staff would bring an agenda item back to the next regular City Council meeting on September 13, 2022 for Council’s consideration.

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Council Reports - 

Member Stoeckel commented on information and her involvements at the recent Florida League of Cities annual conference (held in August 2022). She commented on her particular interest in State legislation and being re-appointed to the League’s Municipal Legislative Committee that sought and discussed issues important to local government (like short term rentals, business, private property, etc.). To this, Member Stoeckel requested Council communicate with her any items they wished to see championed at the State level of legislation. 

In addition, Member Stoeckel advised that she began serving on the Board of Directors of the Florida League of Cities. She also began the Young Elected Municipal Officials Group. 

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Vice-Mayor Jordan reviewed the tentative primary election results of August 23, 2022. 

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Member Robinson commented on concerns and issues related to affordable housing and that was discussed by the Affordable Housing Advisory Committee. He was interested in what elected officials could do and could not do to support the community with affordable housing. 

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Mayor Diesel commented on the excitement of the upcoming and scheduled launch of NASA’s Artemis (space vehicle) moon launch. 

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CITY MANAGER’S REPORT

City Manager's Report - City Manager Larese submitted his written report. He highlighted information on the status of American Rescue Plan Act (ARPA) funds. Additional items were also provided for informational purposes only, as followed: 

• Fiscal Year (FY) 2023 Budget Workshop – Tuesday, August 16, 2022 at 5:00 p.m.
• First Public Hearing on the FY 2023 Budget – Wednesday, September 14, 2022 at 5:30 p.m.
• Second and Final Public Hearing on the FY 2023 Budget – Thursday, September 22, 2022 at 5:30 p.m.

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CITY ATTORNEY’S REPORT 

Request for relief pursuant to Florida Statutes Section 70.51 – This agenda item was provided for informational purposes. City Attorney Broome advised that on August 10, 2022, the City Attorney's office received a Request for Relief on behalf of Mr. and Mrs. Wright, owners of the property located adjacent to State Road (SR) 405 (a/k/a Columbia Blvd), Parcel ID: 22-35-32-00-9 and applicants of the Small Scale Comprehensive Plan Amendment (SSA) Application No. 1-2021. Pursuant to Florida Rules of Judicial Administration 2.516, the owners submitted a Request for Relief pursuant to Section 70.51 Florida Statutes and Request for Informal Mediation pursuant to Section 163.3181(4) Florida Statutes.

Florida Statutes Section 70.51 required that the City forward the Request for Relief to the special magistrate agreed upon by the City and the owners within ten (10) days of receipt of the Request for Relief and within fifteen (15) days file a response to the Request for Relief with the magistrate. However, the owners had agreed to an extension of thirty-five (35) days to allow sufficient time to select a magistrate. It was City Attorney Broome’s intention to bring the name of a special magistrate for Council's approval at the next regular Council meeting. At that meeting, staff would also ask that Council to authorize Community Development Director Brad Parrish to attend the mediation as the person with authority to recommend a solution and bringing a recommendation back to the Council.

Mayor Diesel, Vice-Mayor Jordan, and Member Robinson commented on following legal procedures. Member Robinson confirmed this information was advisory in nature. City Attorney Broome advised mediation was not a binding decision, but an attempt to resolve the issue. Member Stoeckel and City Attorney Broome discussed her questions on the process and information being presented to the Council at a future time. 

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Next, City Attorney Broome provided an update on the filing of a declaratory decree and/or other appropriate legal action to determine whether the language contained in the Right to Clean Water Charter Amendment Petition was preempted by Florida Statues 403.412(9)(a) and legally sufficient for placement on the ballot. No decision of the court had been made at this time. No action was requested from Council.

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With no further business to discuss, the meeting adjourned at 7:53 p.m.