Regular City Council - September 13, 2022

City Council

Regular Meeting

September 13, 2022

The City of Titusville City Council met in regular session on Tuesday, September 13, 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 7:15 p.m. Those present in the Council Chamber included Mayor Daniel E. Diesel, Vice-Mayor Robert L. Jordan, Jr. and City Council Members Jo Lynn Nelson, Joe C. Robinson, and Dr. Sarah Stoeckel. Also present were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant Emily Campbell completed the minutes.  

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Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag. Additionally, City Clerk Wanda Wells read the procedure 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 July 12, 2022, July 26, 2022 (6:30 p.m.), August 23, 2022 (6:30 p.m.), and special City Council Meeting (Budget Workshop) on August 16, 2022, as submitted. Member Nelson seconded the motion.

The motion carried unanimously. 

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SPECIAL RECOGNITIONS & PRESENTATIONS – None.

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City Manager Larese stated that staff requested Council removed Item 8I - Work Order for Consultant to Review Conditional Use Permit (CUP) No. 2-2022, Independence Recycling, RFP #22-P-052/LR from the consent agenda, and discuss it immediately after petitions and request from the public present.

Motion: Vice-Mayor Jordan moved to discuss Item 8I - Work Order for Consultant to Review Conditional Use Permit (CUP) No. 2-2022, Independence Recycling, RFP #22-P-052/LR immediately after petitions and request from the public present. Member Nelson seconded the motion. The motion carried unanimously.

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BOARDS AND COMMISSIONS

Code Enforcement Special Magistrate – The Code Enforcement Special Magistrate’s semi-annual written report was included in the agenda packet. No action was required.

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Historic Preservation Board – City Manager Larese advised that the request was to appoint one (1) regular member to the Historic Preservation Board for an unexpired term to expire on October 31, 2022.

There was one vacancy for a regular member with a term to expire on October 31, 2022. 

Toni Shifalo (Interested Resident of City Historic Districts) currently served as an alternate member with a term to expire on October 31, 2023. She expressed her willingness and desire to serve on this board as a regular member and if not appointed as a regular member, she would like to continue to serve as an alternate member.

Kirk Davis (Local Historian, and/or Architectural or Art Historian) currently served as an alternate

member with a term to expire on October 31, 2022. He expressed his willingness and desire to serve on this board as a regular member and if not appointed as a regular member, he would like to continue to serve as an alternate member.

Kirk Davis stated that he discussed the opening with alternate member Toni Shifalo and based off her desire to serve as a regular member and her three-year tenure on the board as an alternate member, Mr. Davis felt it would be more appropriate for Ms. Shifalo to be considered. 

Kirk Davis stated that there was a documentary titled Moving History created by the Be Unique magazine that was airing in Melbourne, Florida at the CW Theaters on Thursday, September 15, 2022 at 6:00 p.m. Mr. Davis encouraged Council to attend. 

Toni Shifalo thanked Mr. Kirk Davis for his recommendation and stated that she has only missed three Historic Preservation Board meetings since her appointment in November, 2019. Ms. Shifalo stated that she wished to be appointed to as a regular member with a term to expire on October 31, 2022 and then wished to be reappointed for a two-year term once expired.

Motion: Vice-Mayor Jordan moved to appoint Toni Shifalo (Interested Resident of City Historic Districts) as a regular member to the Historic Preservation Board for a term to expire on October 31, 2022. Member Nelson seconded the motion. 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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North Brevard County Hospital District Board - The North Brevard County Hospital District Board’s semi-annual report was included in the agenda packet. No action was required.

Vice-Chairman Stan Retz presented the semi-annual report. The presentation highlighted as follows:

• Semi Annual Report 
• Highlights
• High Reliability Champions
• High Value Health Care Provider
• Global Leader
• Breakthrough Sleep Apnea Treatment
• Peer Recovery Program
• Additions to Medical Staff Since March 2022
• Welcome
• Questions 

Council thanked the North Brevard County Hospital District Board for their support and hard work. 

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Titusville Environmental Commission (TEC) Recommendation - Acceptable Groundcover – City Manager Larese advised that the request was to consider the recommendation and provide direction.

At the August 10, 2022 regular Titusville Environmental Commission (TEC) meeting, the Commission recommend to City Council that the City only allowed the grasses listed on the Florida Native Plant Society (FNPS) list and other native ground covers to be used in all new development. The use of St. Augustine grass should be prohibited in the City of Titusville and should be replaced with Bahai grass or other grasses on the FNPS list.

Mayor Diesel expressed his concerns for this recommendation and if it was overreaching. Mayor Diesel stated that he did not like to make a rule that cannot be enforced, and he believed it would be difficult to enforce what type of grass citizens use on their property. Mayor Diesel stated that he would rather use incentivizations rather than mandates. 

Vice-Mayor Jordan stated that he did not think Council should be involved in this type of decision.

Member Robinson stated that the Titusville Environmental Commission could encourage people to use the specific grasses, but it was not appropriate to mandate the type of grass people used on their property.

Member Nelson stated that she was in support of incentives for citizens and new developments who used Bahia grass.

Member Stoeckel stated that she agreed with Mayor Diesel and Vice-Mayor Jordan that enforcing certain types of grass was overreaching and difficult to enforce.

Stan Johnston stated that he lived in Titusville for over fifty years and there were problems with the water in Titusville and the City’s wellfields were being destroyed. 

Toni Shifalo stated that the Titusville Environmental Commission was working on a variety of lists of acceptable plants, trees shrubs, and ground covers, and this was one item out of a whole list that was going to be presented. Ms. Shifalo stated that Titusville may not have a problem with water currently, but that could change in five years. Ms. Shifalo stated that the intention was for the City to encourage new developments to use grasses listed on the Florida Native Plant Society (FNPS). 

Council came to a consensus that they did not want to mandate something that they could not enforce, but would support a way to incentivize acceptable groundcover, no action was taken by the City Council.

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS) –

Stan Johnston stated that West Virginia Day was being held at Fox Lake Park on Sunday, September 25, 2022 starting at 12:30 p.m. and there would be free hotdogs and contests. Mr. Johnston stated that the Titusville Environmental Commission discussed testing the drinking water in Titusville, but it was not on the City Council agenda. 

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Work Order for Consultant to Review Conditional Use Permit (CUP) No. 2-2022, Independence Recycling, RFP #22-P-052/LR – City Manager Larese advised that the request was for Council to accept the proposed scope of work from Barnes, Ferland, and Associates, Inc., Orlando, FL and authorize the City Manager to execute a work order to review CUP 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).

The City had a continuing contract with BFE Environmental to conduct hydrology and stormwater analyses as needed. The consultant submitted a scope and cost of services in the amount of $40,496. The consultant has indicated that the analyses can be conducted within about 45 days. The consultant also wanted to allow time to do broad research on if these facilities contribute to new emerging contaminants.

Vice-Mayor Jordan stated that he was not in support of this and there was a state organization that was already regulating this project. 

Mayor Diesel stated that he was in support of this and wanted the City’s consultants to analyze and research the project. 

Member Robinson stated that his objective was to have as much knowledge as he could on the project, and Council’s responsibilities were to ensure that the tax payers’ money was spent appropriately. After finding out that the City advertised for an expert and no one came forward and that the project must adhere to that State’s requirements, Member Robinson felt that the $40,000 of tax payers’ money could be spent more wisely. 

Member Nelson stated that her concern with the expert’s report was that there could be pollutants that entered into the ground water. 

Community Development Director Brad Parrish stated that the consultant offered to split the review into different parts. 

Mayor Diesel stated that the Titusville Environmental Commission and the Planning and Zoning Commission both approved this project with conditions and he felt that Council needed to listen to the direction of the advisory boards. 

Mayor Diesel stated that if the applicant’s witness could give Council the answer regarding the pollution of groundwater, that would be better.

Stan Johnston stated that he believed that Council was doing the right thing in asking for their own expert witness. Mr. Johnston stated that Barnes, Ferland, and Associates, Inc. was the company that worked on Brookshire and he was not in support of them being used as the expert. 

McGregor Love with Lowndes Law stated that Independence Recycling’s expert would have the answers to Council’s questions at the next hearing; specifically, those related to ground water and the tract record of the company, as well as any other questions. 

Motion: Vice-Mayor Jordan moved to decline the proposed scope of work from Barnes, Ferland, and Associates, Inc., Orlando, FL. Member Nelson seconded the motion. 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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CONSENT AGENDA

City Clerk Wanda Wells advised that there were nine cards submitted from one individual.

City Manager Larese read Consent Agenda items A, B, C, D, E, F, G, H, J, K and L, as followed:

Stan Johnston discussed a survey of S&J Oaks, etc. Mr. Johnston stated that he did not receive any calls back from the City Manager’s office. Mr. Johnston stated that he was not in support of Item 8A, 8B, 8K, and 8L.

Motion: Vice-Mayor Jordan moved to approve Consent Agenda items A, B, C, D, E, F, G, H, J, K and L in accordance with recommendations. Member Nelson seconded the motion. 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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City Attorney Broome requested that Council considered Item 16A - Settlement of Pending Claim at this point in the agenda. 

Motion: Vice-Mayor Jordan moved to discuss Item 16A at this point in the agenda. Member Nelson seconded the motion. The motion carried unanimously. 

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Settlement of Pending Claim – City Attorney Broome advised that the request was to approve settlement of claim in Gardner v. City of Titusville and authorize defense counsel, City Manager or designee to execute the necessary settlement documents.

The City received a Statutory Notice of Claim from Attorney Jason Kobal on behalf of his client on July 16, 2020. The Claimant was seeking compensation for medical expenses (approx. $30,500.00 to date) and injuries that she claimed to have sustained as a result of falling on a deficient City sidewalk. At this time, the City has negotiated settlement of this pending claim and tentatively agreed to settle this claim in the amount of $50,000 subject to Council’s approval. The City's defense counsel Joshua Walker recommended that this settlement be approved considering possible damages and the costs associated with defense of this particular claim.

Stan Johnston stated that he did not have any comments on this item, but he did submit a card.

The City's defense counsel Joshua Walker stated that after it was settled, there would be a release with a full dismissal of all claims.

Motion: Vice-Mayor Jordan moved to approve settlement of claim in Gardner v. City of Titusville in the amount of $50,000 and authorize defense counsel, City Manager or designee to execute the necessary settlement documents, as recommended. Member Nelson seconded the motion. 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 – SECOND READING, PUBLIC HEARING AND RELATED ACTION 

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.

The Planning and Zoning Commission considered this ordinance at their meeting on August 17, 2022 and recommended approval, 7-0.

Staff identified a long-standing issue of approving BTRs for general contractors within the City. Based on these concerns, City Council approved advisability for staff to review and make recommendations regarding the expansion of building trades services offices into the Planned Industrial Development (PID) zoning district.

Building trades services, including construction, plumbing, electrical, HVAC, landscaping, well

drilling and similar services, were permitted in some industrial districts (M-1, M-2, M-3 and RMU-

500) and some mixed-use districts (DMU mid-town and UMU). There were multiple requests to consider permitting contractor's offices in Community Commercial (CC) and Planned Industrial Development (PID), as well.

The ordinance proposes the following changes;

1. Building trades services be permitted in CC zoning located with direct access to collector and arterial roadways;
2. Building trades services be permitted in PUD zoning;
3. In the Urban Mixed Use (UMU) zoning district, the requirement that expansions of an approved building trades services use, existing prior to December 8, 2009, be located on property owned by the owner of the business on or before December 8, 2009.

Motion: Vice-Mayor Jordan moved to approve Ordinance No. 30-2022 - Relating to Building Trades Services, as recommend. Member Stoeckel seconded the motion. 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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ORDINANCES-FIRST READING

Ordinance No. 36-2022 - Modifications to Section 21-1(b) to add criteria to connect to City Utility Services- 1^st Reading – City Attorney Broome read Ordinance No. 36-2022, an Ordinance of the City of Titusville amending the Code of Ordinances by amending Chapter 21, Article I, Section 21-1(b) of the Code of Ordinances to provide additional criteria for non-contiguous properties to connect to City Utility services; by modifying section 21-1(b) by adding section 21-1(b)(5) providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (This was the first reading. The public hearing was scheduled for the regular City

Council meeting on September 27, 2022 at 6:30 p.m.).

On August 23rd, the Water Resources Department received advisability from Council to modify Section 21-1(b) of the Code of Ordinances. The intent was to modify this section of the Code to add a category and criteria for connecting out of city non-contiguous properties to City utility services including water, sewer, and reclaimed.

The proposed language included that the provision of these services may not impose any negative impacts to existing customers. This condition was intended to protect existing customers and allow out of City customers the opportunity to access these services as long as sufficient capacity was available.

Member Robinson stated that the Water Resources Department did a great job explaining the project. 

Stan Johnston stated that the City had a water distribution system that was called a four-log virus. Mr. Johnston stated that he contacted the Florida Department of Environmental Protection and received a report. Mr. Johnston stated that once people on Titusville City water received the boil-water alert, it was already too late.   

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OLD BUSINESS – None. 

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NEW BUSINESS 

Resolution No. 17-2022 Canvassing the Returns of the Primary Election Held on August 23, 2022 - City Manager Larese advised the request was to approve Resolution No. 17-2022 Canvassing the Returns of the Primary Election held on August 23, 2022 for the City Council, Seats 1, 3, and 5.

City Charter and Section 7-5 of the Code of Ordinances provides for the canvassing of election returns. Pursuant to this section, the returns of the Primary Election held on August 23, 2022 would be transmitted to the City Council at this meeting.

Stan Johnston stated that the election appeared to be safe.

Motion: Vice-Mayor Jordan moved to approve Resolution No. 17-2022 Canvassing the Returns of the Primary Election held on August 23, 2022 for the City Council, Seats 1, 3, and 5. Member Nelson seconded the motion. 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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Memorandum of Understanding (MOU) for the Titusville Area Chamber of Commerce to continue to operate a Fall 2022 Farmers Market Token Program; to set a location to hold the markets; and approve the associated Budget Amendment – City Manager Larese advised that the request was to recommend City Council approval of a MOU for the Titusville Area Chamber of Commerce to continue to operate a Fall 2022 Farmers Market Token Program to be funded by the American Rescue Plan Act (ARPA); City Council to recommend the location for the Fall 2022 Farmers Market events; and for City Council to approve the associated Budget Amendment attached. 

Staff recommended to continue the Program with a new MOU between the Titusville Area Chamber of Commerce and the City of Titusville for the Chamber to operate the ARPA Farmers Market - Titusville Token Program. Up to seven (7) events are proposed between September 23, 2022 and December 31, 2022. The events would continue to be held on the second and fourth Fridays of the month. 

Due to the popularity of the program and the number of people who attended the Farmers Markets, there were complaints about the traffic congestion on S. Washington Avenue and the lack of available parking spaces in the downtown for downtown businesses. An alternative location for the Farmers Markets was Sandpoint Park. Changing the location of the Farmers Market to Sand Point Park would have added infrastructure/operational costs as opposed to holding the events at the current downtown location.

Motion: Vice-Mayor Jordan moved to approve the Memorandum of Understanding (MOU) for the Titusville Area Chamber of Commerce to continue to operate a Fall 2022 Farmers Market Token Program and recommended that the Farmers Market location continue in Downtown Titusville and that staff look into holding the Farmers Market on Thursdays instead of Friday; and approve the associated Budget Amendment, as recommended. Member Nelson seconded the motion. 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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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 stated that he was very honored to speak at the 9/11 Blue Mass Ceremony and was able to present proclamations to Fire Chief John Hustoles and Police Chief John Lau.  Mayor Diesel thanked St. Teresa’s Catholic Church for hosting the event and the Flag and Memorial Committee for putting the event on. 

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Council Reports –

Member Robinson stated that he also attended the 9/11 ceremony and it was very special for him to be there. 

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Member Robinson stated that attended a space perspective tour at Kennedy Space Center. 

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Member Nelson stated that on Saturday, September 17, 2022, Keep Brevard Beautiful would be in Titusville working on a clean-up at 8:00 a.m. at multiple locations including Sand Point Park, Rotary Park and the Merritt Island Wildlife Refuge. Member Nelson stated that interested people were able to sign up on the Keep Brevard Beautiful website. 

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City Managers Report – City Manager Larese submitted his written report.

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City Manager Larese stated that at the August 23, 2022 City Council Meeting, there was discussion about moving the regular City Council Meeting on November 8, 2022 to Wednesday, November 9, 2022. 

Stan Johnston commented on this item. 

Motion: Vice-Mayor Jordan moved to approve moving the regular City Council Meeting on November 8, 2022 at 6:30 p.m. to Wednesday, November 9, 2022 at 6:30 p.m. Member Nelson seconded the motion. The motion carried unanimously. 

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City Attorneys Report – 

Settlement of Pending Claim – This was discussed after the Consent Agenda. 

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Designation of Special Magistrate pursuant to Florida Statutes 70.51 – City Attorney Broome stated that the request was to approve Mr. Mantzaris as Special Magistrate, authorize City Attorney to execute engagement letter, and designate Brad Parrish to attend mediation pursuant to F.S. 70.51.

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 SR 405 (a/k/a Columbia Blvd), Parcel ID: 22-35-32-00-9 and applicants of the Small Scale Comprehensive Plan Amendment (SSA) 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 have agreed to an extension of thirty-five (35) days to allow sufficient time to select a magistrate.

The property owners agreed to utilizing Mr. Mantzaris as the Special Magistrate in this proceeding as proposed by the City Attorney's office. City Attorney Broome recommend that City Council concur on the appointment of Mr. Mantzaris as the Special Magistrate and designate Brad Parrish to attend the mediation as the person with authority to recommend a solution and bring a recommendation back to Council.

Member Stoeckel asked if this would cost $200 an hour, with the City paying for half of that cost. City Attorney Broome confirmed that this was correct and the $5000 for the magistrate services would be taken out of account number 001-1905-531.31-01 (The professional services account for the Planning Department).

Stan Johnston submitted a card on this item but chose not to speak.

Motion: Vice-Mayor Jordan moved to approve the appointment of Mr. Mantzaris as the Special Magistrate and designate Brad Parrish to attend the mediation as the person with authority to recommend a solution and bring a recommendation back to Council. In addition, approval included designating the use of $5,000 from the Planning Department’s Budget - Professional Services to pay the City’s cost of the special magistrate.  Member Nelson seconded the motion. 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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City Attorney Broome provided an update on the declaratory judgement filed by the City regarding the proposed Right to Clean Water Charter Amendment.  He distributed the following documents:  (1) Defendant’s answer and affirmative defenses and (2) Plaintiff’s reply to defendant’s affirmative defenses.  No action.

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With no further business to discuss, the meeting adjourned at 9:15 p.m.