- City Council Meetings
- Regular City Council - October 11, 2022
Regular City Council - October 11, 2022
City Council
Regular Meeting
October 11, 2022
The City of Titusville City Council met in regular session on Tuesday, October 11, 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 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 special City Council Meeting on September 22, 2022, as submitted. Member Nelson seconded the motion.
The motion carried unanimously.
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SPECIAL RECOGNITIONS & PRESENTATIONS
Brevard County School Board Proposed Budget and Millage – City Manager Larese advised that a Brevard County School Representative would provide a presentation on the Brevard County School Board Proposed Budget and Millage. No action was requested.
Chief Strategic Communications Officer Russel Beuhn and Assistant Superintendent for Elementary Leading and Learning Jane Cline provided a presentation on the Brevard County School Board Proposed Budget and Millage. The presentation highlighted as followed:
- Brevard Proud!
- Who makes BPS great!
- Wage Compression
- Allocation of BPS millage revenue
- Brevard’s single-family home
- Historical millage rates
- Voter approved millages in Florida
- What does ballot language say?
- Thank you questions
Assistant Superintendent for Elementary Leading and Learning Jane Cline discussed an eight-classroom addition and cafetorium addition at South Lake Elementary.
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BOARDS AND COMMISSIONS
Titusville Housing Authority – City Manager Larese advised that the Titusville Housing Authority's Semi-Annual written report was included in the agenda packet. No action was requested.
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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NONAGENDA ITEMS) –
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Stan Johnston distributed a handout to City Council. Mr. Johnston discussed the sewage spill that occurred in December 2020 at Sand Point Park, etc.
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Mike Gannaway stated that last October, the Whispering Pines Community lost water and were told that the City had a water main break. Mr. Gannaway stated that on September 1, 2022, he came back to the Whispering Pines Community and there were five separate sink holes around the sewer system. Mr. Gannaway stated that the Health Department recently walked through and advised the community that they needed to wear shoes to avoid walking through sewage.
Mayor Diesel stated that the Whispering Pines Community was privately owned.
City Manager Larese stated that standing sewage was an issue for the Department of Health or Department of Environmental Protection, but the Code Enforcement Department could take a look at the property and requested the citizens of the Whispering Pines Community contact the department.
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Gregory Hullinger discussed the company that purchased the Whispering Pines Community. Mr. Hullinger stated that this company was a front company for Madison Realty out of New York City and that they were fined a million dollars. Mr. Hullinger stated that Florida Power and Light locked some of the properties power because it was unsafe and the owners did not fix it for multiple days.
Mayor Diesel stated that someone in the Whispering Pines Community could make a complaint to the Code Enforcement Department.
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Donna Lessard stated that she was another resident of the Whispering Pines Community and asked if the City had an employee or a council who could help with the confusion in Whispering Pines. Ms. Lessard stated that she bought her home a year ago and knew that it would be her last big purchase. She budgeted for the monthly lot rent, but the new owners of Whispering Pines increased the lot rent $120 a month and she was not able to afford it with her fixed income.
Mayor Diesel stated that the issue was clear and Code Enforcement Department/Health Department should be contacted to assist the residents. Mayor Diesel stated that he would visit the Whispering Pines Community on October 12, 2022.
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An individual that lived in the Trade Winds Mobile Home Park stated that the new owners came in and cut 90% of the trees and raised everyone’s rent and water. He believed that the new owners were trying to get rid of the mobile home parks and wanted to use the property to build houses.
Member Robinson suggested that someone in the community contact Fair Housing regarding the conditions.
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CONSENT AGENDA
City Clerk Wanda Wells advised that there were seven cards submitted from one individual.
City Manager Larese read Consent Agenda items A, B, C, D, E, F, and G, as followed:
- Purchase of Fire Truck and Associated Tools and Equipment - Approve purchase of a new 2023 Pierce custom aerial platform fire truck from Ten-8 Fire Equipment Inc. including chassis with associated tools and equipment for a total purchase price not to exceed $1,628,560.00, and approve purchase of additional associated equipment from various vendors for a total price not to exceed $171,440.00. Total project cost not to exceed $1,800,000.00. Additionally, authorize the Mayor to execute agreements and approval of City staff to issue resulting purchase orders.
- Architectural Styles & Design Guidelines Negotiated Proposal - Approve the Negotiated Proposal from Johnson, Mirmiran &Thompson (JMT) for RFQ 22-Q-044/TB Historic Preservation Architectural Styles & Design Guide Project, Inc., and authorize the issuance of a Purchase Order in accordance with the grant requirements, City policies and ordinances, and upon the State of Florida's approval of Purchase Order agreement.
- Award of IFB# 22-B-057/TB for Urban Tree Canopy Assessment & Report - Approve the award of IFB# 22-B-057/TB Urban Tree Canopy Assessment & Report to the lowest responsible and responsive bidder, PlanIT Geo, Inc., in the amount of $16,640 to be funded by the FY22 Matching Grant by the Florida Department of Agriculture and Consumer Services; and authorize the issuance of a Purchase Order Agreement in accordance to the grant requirements and City policies and ordinances.
- Replacement of LED Monument Sign - Titusville Fire Department (TFD) - Award contract to Kendal Signs, Inc. of Rockledge, Florida for the Construction, Design, Removal and Replacement of LED Monument sign for Titusville Fire Department in the amount of $31,925; and authorize the issuance of a purchase order.
- Memorandum of Understanding for Participation in the FINDER Data Sharing Network (FLORIDA-Region 5) - Approve the annual renewal of the Memorandum of Understanding for the Titusville Police Department to participate in the FINDER Data Sharing Network and the subscription fee of $2500. Authorize the City Manager to execute the Memorandum
- 2023 Medicare Medical and Pharmacy Plan Options for City Retirees for January 1, 2023 through December 31, 2023 - Approve the 2023 Cigna Medicare Supplement and Medicare Part D Prescription Drug Plan renewal for City retirees eligible for Medicare with a 2.5% rate increase applicable to all groups for the Medicare Surround renewal; and the PDP (Prescription Drug Plan) for 2023 is a rate pass or 0% increase at $229.54 per member per month; and Approve the 2023 Aetna Medicare Advantage Plan PPO with RX renewal. Aetna monthly rate decreases - $7.04.
- Staffing for Adequate Fire and Emergency Response (SAFER) Grant - Approve the Staffing for Adequate Fire and Emergency Response (SAFER) Grant award and designate Fire Chief John Hustoles as the City's point of contact for documenting this award and ensuring the City complies with terms and conditions for receipt of funds. Also approve the attached FY2023 Budget Amendment to fund the new positions and equipment in an amount greater than in the original FY2023 Budget.
Acceptance of the SAFER grant requires 9 new Firefighter FTEs, as opposed to the 6 initially approved for FY23. Therefore, an additional 3 Firefighter FTEs are requested in order to fulfill the SAFER requirements.
Stan Johnston stated that he used to work for the City of Titusville and Brevard County. Mr. Johnston discussed the Fire Department and stated that he attempted to set up a meeting with the Fire Chief. Mr. Johnston discussed an easement at SNJ Oaks, etc.
Motion: Vice-Mayor Jordan moved to approve Consent Agenda items A, B, C, D, E, F and G in accordance with recommendations. 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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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION
Ordinance No. 37-2022 Adopting the 2022 CRA Redevelopment Plan Amendment – City Attorney Broome read Ordinance No. 37-2022 Amending Ordinance No. 76-1984 Dated August 1, 1984, which approved and adopted the Community Redevelopment Plan for the Community Redevelopment Agency Created on October 12, 1982, by amending said previously adopted plan;
amending Ordinance 31-1996, Ordinance 19-2004, Ordinance 9-2012, Ordinance 19-2014 and Ordinance 20-2015 That Updated the Redevelopment Plan; Providing for resolution of any conflicts; providing for ratification of previous actions of the Community Redevelopment Agency and the City Council; and adopting Certain Amendments thereto to the Community Redevelopment Plan.
The Local Planning Agency (Planning & Zoning Commission) found the proposed Redevelopment Plan in conformance with the City's Comprehensive Plan at their September 21, 2022 meeting.
The 2022 Redevelopment Plan Amendment was reviewed by the Community Redevelopment Agency (CRA) on October 11th and was recommended for approval with the deletion of the word “restore” under goal 3.1 of the 2022 Redevelopment Plan by City Council.
Stan Johnston stated that he was not in support of this item. Mr. Johnston discussed the sewer spill that occurred at Sand Point Park in December 2020, etc.
Motion: Vice-Mayor Jordan moved to approve Ordinance No. 37-2022 - Adopting the 2022 CRA Redevelopment Plan Amendment, as recommended. Member Nelson seconded the motion.
Discussion: Member Nelson stated that she wanted to include the Community Redevelopment Agency’s recommendation for the deletion of the word “restore” under goal 3.1 of the 2022 Redevelopment Plan.
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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City Attorney Broome read and reviewed the Quasi-judicial Rules of Procedure.
Conditional Use Permit (CUP) Application No. 6-2022 First Pentecostal Church of Titusville (1010 Norwood Ave) – City Manager Larese advised the request was to conduct a Public Hearing for CUP No. 6-2022 to expand the existing church at 1010 Norwood Avenue in the Single Family High Density Residential (R-1C) zoning district. This is a quasi-judicial item.
At their October 5, 2022 meeting, the Planning and Zoning Commission, recommended approval as presented, 7-0.
The applicant requested a Conditional Use Permit (CUP) for a church in order to expand the existing church at 1010 Norwood Avenue. The church proposed one (1) new 11,682 square foot two (2) story commercial church building on property owned by the First Pentecostal Church of Titusville. The proposed building would be used for church classrooms, dining and recreation.
The proposed use required a conditional use permit in the Single Family High Density (R-1C) zoning district [Sec 28-236] in order to construct a new building and add additional parking on the lots to the west of the existing sanctuary. The Church was approved with Conditional Use Permit (CUP) No. 7-1994 with conditions. The proposed CUP No. 6-2022 would allow for the addition of a new building on the property. No new conditions in addition to those previously approved with CUP 7-1994 were proposed.
President of Monroe Engineering Steve Monroe reviewed the intent of the Conditional Use Permit and stated that he was available for any questions.
Pastor Jody Wells thanked City Council and the Planning and Zoning Commission. Mr. Wells stated that throughout the years, the City was always a great partner and staff was very helpful.
Senior Planner Eddy Galindo stated that in the staff’s report, they reviewed the application with the code and the comprehensive plan and found it consistent with both.
Stan Johnston stated that the First Pentecostal Church of Titusville was an asset to the community and had very positive events. Mr. Johnston stated that he was in support of expanding the church.
Motion: Member Nelson moved to approve Conditional Use Permit (CUP) Application No. 6-2022 First Pentecostal Church of Titusville (1010 Norwood Ave), as recommended. No new conditions to those previously approved with CUP No. 7-1994 were proposed. Vice-Chair Jordan 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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Conditional Use Permit (CUP) Application No. 2-2022 Independence Recycling – City Manager Larese stated that the request was to 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. This was a quasi-judicial item.
The Planning and Zoning Commission considered this request at their April 6, 2022 meeting and recommended approval (4-2), with additional conditions.
The Titusville Environmental Commission considered this request at their May 11, 2022 meeting and recommended approval (6-1), with additional conditions.
The applicant, Greg Moro on behalf of Independence Recycling of FL, requested a Conditional Use Permit (CUP) to operate a concrete recycling facility at 84 Golden Knights Boulevard. The concrete recycling facility would be a recycling and mulching/composting facility use per Sec. 28-217, which required a CUP. The future land use designation on the property was Industrial. The subject property is within the Airport Impact Area Overlay and was limited to a maximum building height of fifty (50) feet.
Staff recommended approval of the Conditional Use Permit 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, the adopted Comprehensive Plan and the provisions of Chapter 163 and 166, Florida Statutes with the following conditions to address the factors set forth in Section 34-76 of the City's Land Development Regulations:
- Enhanced buffers – twenty-five (25) feet on the north and west, thirty (30) feet on the east and fifty (50) feet on the south.
- A six (6) foot tall opaque fence to the south (Golden Knights Blvd), to be located behind the required natural landscape fifty (50) foot buffer
- A water-based dust suppression system is required on-site.
- Installation of the necessary sound suppression measures/sound continuation barrier interior of the buffers so that the facility will operate in compliance with Sec. 13-102 "Sound limitations".
- All State required reports on testing of air, water, soils etc. must be provided to the City of Titusville.
- All emergency response procedures be provided to the City to be reviewed and accepted by the City during site review process.
- All stockpile areas shall be treated as impervious surface for the stormwater calculations during site development permitting.
- Concrete crushing operations to be from 7am-4pm Monday-Friday.
- All on-site equipment must use the white noise backup sound.
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:
- The stock pile areas be treated as impervious surface for stormwater calculations.
- 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.
- The quarterly report for testing be shared with the City of Titusville every quarter.
- 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 approval (6:1) with the following additional conditions:
- A sound continuation barrier interior of the buffers to limit the sound to 65 dB at property line is required. This condition is new.
- A sound study is required to be submitted to the City for their review and approval. This condition is new.
At the June 14, 2022 regular City Council meeting, Conditional Use Permit Application No. 2-2022 Independence Recycling was tabled to allow staff time to prepare a Request for Proposal (RFP) that included a review of the report prepared by the applicant’s expert witness.
On July 18, 2022, RFP #22-P-052/LR was advertised for Consulting Services; however, there were no proposals received by the City in response to the RFP. On September 13, 2022, the City Council denied the staff's request to utilize the services of 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).
On September 13, 2022, the City Council recommended the applicant present their own analysis on the potential impacts of the concrete recycling operation to groundwater and the Indian River Lagoon (stormwater).
The applicant has submitted a Supplemental Report regarding potential groundwater impacts associated with the proposed operations and has proposed a condition of approval.
Mayor Diesel stated that he visited Brevard County’s concrete crushing facility and after more research, he felt more comfortable and supportive of this Conditional Use Permit.
Member Nelson stated that she appreciated the supplemental report and she felt more comfortable with the concrete recycling facility.
Member Stoeckel reviewed an email that she received that day from someone that was not in support of the concrete recycling facility.
Tara Tedrow spoke on behalf of the applicant. Ms. Tedrow stated that Independence Recycling of Florida did not have a single complaint filed with the State and that this facility would be certified by the Department of Environmental Protection as a clean degree facility. Ms. Tedrow stated that the expert witness, Mr. Lance Traves, saw zero risk of their being ground water contamination from the operations at the concrete recycling facility.
Stan Johnston stated that City Council and City staff did a good job reviewing the concrete recycling facility. Mr. Johnston stated that he had no complaints regarding this item.
Motion: Vice-Mayor Jordan moved to approve Conditional Use Permit No. 2-2022 to operate a concrete recycling facility at 84 Golden Knights Boulevard, as recommended by staff and with the following conditions: (1) Enhance buffers – twenty-five (25) feet on the north and west, thirty (30) feet on the east and fifty (50) feet on the south; (2) A six (6) foot tall opaque fence to the south (Golden Knights Blvd), to be located behind the required natural landscape fifty (50) foot buffer; (3) A water-based dust suppression system is required on-site; (4) Installation of the necessary sound suppression measures/ sound continuation barrier interior of the buffers so that the facility will operate in compliance with Code Sec. 13-102 "Sound limitations"; (5) All State required reports on testing of air, water, soils etc. must be provided to the City of Titusville; (6) All emergency response procedures be provided to the City to be reviewed and accepted by the City during site review process; (7) All stockpile areas shall be treated as impervious surface for the stormwater calculations during site development permitting; (8) Concrete crushing operations to be from 7am-4pm Monday-Friday; and (9) All on-site equipment must use the white noise backup sound.
In addition, the City Council approved incorporating an additional condition set forth by the applicant as stated in their supplemental report on pages 513-514 of the agenda packet and provided below:
The applicant shall conduct pH monitoring at the retention/storm water basin, either at the outfall to surface water if discharging or the pond water itself, in the locations shown on the attached aerial exhibit (the “Testing Location”), to determine potential changes in the pH of the water. Such monitoring shall be conducted within 8 hours of a qualified rain event consisting of 0.1-inch or greater (the “Rain Event”) at least once prior to commencement of any crushing and recycling activities on site to determine the current pH level at the Testing Location, and after operations commence, the applicant shall monitor the pH of the surface water one (1) time each calendar quarter (Jan-March, April-June, July-Sep, Oct-Dec) within 8 hours of a Rain Event during the lifespan of the operations. The field pH monitoring may be conducted in accordance with Method 150.2: pH, Continuous Monitoring (Electrometric) by pH Meter (https://www.epa.gov/sites/default/files/2015-08/documents/method_150-2_1982.pdf).
All field pH measurements pertinent to each Rain Event will be recorded in a field logbook or log sheet by the applicant. Each logbook record or log sheet should include identification of the pH meter (i.e., Manufacturer Make & Model) used and information documenting that pH meter has been calibrated, operated and maintained according to the manufacturer’s specifications. The applicant will retain copies of all the pH monitoring results for at least 3 years to be available for review by the City upon request.
The applicant will provide the City with written copies of all monitoring Rain Event logs associated with a pH result of 8.5 or greater within 3 business days of obtaining the results. In the case of a monitoring Rain Event indicating a pH result of 8.5 or greater, the applicant agrees to conduct follow-up pH monitoring during the next two (2) qualified Rain Events that occur during normal staffing of the site to obtain additional information on pH conditions of the onsite Testing Location. The pH results for these follow-up monitoring Rain Events are also to be provided to the City within 3 business days of obtaining the results.
In the event that the average pH of the Testing Location exceeds a pH of 9.0 for more than one (1) calendar quarter, the applicant will investigate the potential source(s) of the elevated pH in the surface water and within 30 days report this information to the City, including recommendations for corrective actions, if required. Any required corrective actions shall be promptly taken by the applicant.
If the pH of the Testing Location exceeds 9.0 for greater than four (4) consecutive calendar quarters (i.e., 1 year), as a requirement of the Conditional Use Permit Approval, the applicant agrees to (1) Implementation of corrective actions required to reduce the average quarterly pH of the surface water to less than 9.0 or (2) Performance of a demonstration that the groundwater quality beneath the site is not adversely impacting offsite groundwater. 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-FIRST READING – None.
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OLD BUSINESS – None.
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NEW BUSINESS
Resolution No. 21-2022 - Historic Nomination HPB No.1- 2022 to Nominate the Liberty House at 4050 Coquina Avenue to the City's Register of Historic Places - City Manager Larese advised the request was to approve the nomination of the Liberty House, located at 4050 Coquina Avenue, to the City's Register of Historic Places by adopting Resolution No. 21-2022.
The Historic Preservation Board reviewed the item on September 6, 2022 and recommended approval.
The City's Historic Preservation Officer Patrician Tyjeski from S&ME provided a presentation on the property. The presentation highlighted as followed:
- Local Historic Landmark Designation
- Agenda
- General Information: Ownership
- General Information: Plat
- General Information: Contextual History
- Property Features
- Property Features: Exterior
- Significance and Recommendation
- Significance
- Recommendation
Mayor Diesel thanked the Historic Preservation Board and The City's Historic Preservation Officer Patrician Tyjeski for the presentation and the work they do in the community.
Member Nelson stated that she previously lived four houses down from the Liberty House and expressed her support for adding it to the City’s register of historic places.
Stan Johnston submitted a card on this item, but chose not to speak.
Motion: Vice-Mayor Jordan moved to approve the nomination of the Liberty House, located at 4050 Coquina Avenue, to the City’s Register of Historic Places by adopting Resolution No. 21-2022. Member Nelson 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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Advisability - Site Development Permit and Time Extensions – City Manager Larese advised that the request was to approve advisability for staff to reassess the time extensions for site development permits and make recommendation to City Council.
At the regular City Council meeting on September 27, 2022 at 6:30 p.m., Vice-Mayor Jordan requested that staff reviewed the process for site development permits to determine if time could be extended from one year to multiple years.
Section 34-217 of the Code stated, “The site plan shall be valid for a period of twelve (12) months from the approval date, during which time application shall be made for the applicable building permit(s). Upon application of the required building permit, the timeframes related to the building permit shall govern.”
Subdivisions were specifically required to submit a sketch plat for approval by the City Council with recommendation from the Planning and Zoning Commission. Upon approval by Council, the subdivider had one year to apply for a preliminary plat [Sec 34-161]. A preliminary plat required the submittal consistent with that of a site plan. Further, the subdivider had one year to obtain final plat approval from the date of preliminary plat approval [Sec 34-172]. The subdivider was able to, prior to expiration of the preliminary plat, make application for an extension of time to file for final plat approval. Extensions could be granted administratively up to two (2) years or by Council for an additional two (2) years. The Code further stated that no extensions (from the Administrator and City Council) would be granted beyond a total of four (4) years.
Brevard County's Land Development Regulations stated that Site Plans expired three (3) years from the approval date. Construction permits were valid for 36 months from the date of approval of final engineering plans and preliminary plat. A final plat must be recorded prior to the 36 months expiration date of the final engineering and preliminary plat approval.
Community Development Director Brad Parrish reviewed the Land Development Regulations regarding the expiration of a sketch plat, preliminary plat, and site plan.
Vice-Mayor Jordan stated that one (1) year for a site plan permit was too short and he recommended extending the length of Titusville’s site plan permits from one (1) year to three (3) years, to match Brevard County’s code with extensions allowed.
Member Robinson stated the he had a responsibility to citizens, not necessarily the developers that came to Titusville. Member Robinson stated that the timeframes of the permits are known and extensions were available as the code was currently written.
Member Stoeckel asked Community Development Director Brad Parrish if a lot of extensions were used and if he believed increasing the permit length was needed. Community Development Director Brad Parrish stated that a developer that allowed the site plan permit to expire without applying for an extension did not happen often, but it did happen occasionally.
Member Nelson asked if staff sent out letters or reminders prior to the site permit expiring. Community Development Director Brad Parrish stated that when a site plan was approved, the developers received a letter from the City with the approval date and the information regarding the expiration. No reminders were sent from the City.
Vice-Mayor Jordan stated that he believed having a procedure that allowed the developers and the planning department to both be successful with a three (3) year permit, instead of a one (1) year permit.
Community Development Director Brad Parrish stated that there was a handful of requests for extensions given to developments for site plans in the past year. He referred to Sec. 34-172 of the Code that stated, “The Administrator may grant an extension of time up to two (2) years provided the Administrator has been shown good cause for the extension.” Community Development Director Brad Parrish stated that this section did not provide the Community Development Department with guidance on rather an extension should be approved or denied and he recommended adding criteria for staff to determine if they qualify for an extension.
Vice-Mayor Jordan discussed adding a grace period that would allow them five (5) to ten (10) days after the permit expired to apply for an extension.
Community Development Director Brad Parrish stated he would support changing the permit length to start at two (2) years for site plans to reduce the number of extensions staff would need to process.
Stan Johnston stated that he was concerned with a site plan on the Indian River Lagoon in Titusville that had over ten years of extensions.
Community Development Director Brad Parrish stated that he believed Mr. Johnston was referring to the Rio Lago that previously had a conditional use permit that has since expired. There was a site plan that was reviewed and denied.
Council discussed allowing a site development permit approval be valid for two years versus one year, allowing a grace period, request for extension being considered by the City Council following the two year time frame, etc. Staff would prepare an ordinance based on the discussions and bring back to a future meeting for Council’s consideration.
Motion: Vice-Mayor Jordan moved to approve advisability for staff to reassess the time extensions for site development permits and make recommendation to City Council. 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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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 thanked the Chiefs, City Manager, and all of staff that was in the EOC (Emergency Operation Center) during the hurricane. Mayor Diesel stated that Titusville had 26 inches of rain from Hurricane Ian.
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Mayor Diesel stated that he led the Astronaut High School homecoming parade and attended the end of the Boards & Commissions Recognition Ceremony at the Indian River Preserve Golf Club on October 6, 2022.
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Mayor Diesel stated that he missed the Community Redevelopment Agency meeting because he was speaking at the naming of the Titusville High School gym, which was named the Coach Dixon Dog House.
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Mayor Diesel requested Councils authorization for Central Florida Treatment Center, Titusville Clinic to give a presentation to Council on October 25, 2022 at the 5:30 p.m. Special Recognitions and Presentations meeting.
Stan Johnston stated that he was in support of this presentation.
Motion: Member Stoeckel moved to authorize the Central Florida Treatment Center – Titusville Clinic to provide a fifteen minute presentation at the Regular City Council meeting on October 25, 2022 at 5:30 p.m. (Special Recognitions and Presentations Meeting). Member Nelson seconded the motion. The motion carried unanimously.
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Council Reports –
Member Stoeckel stated that Titusville was hosting the Florida League of Cities at Dixie Crossroads on November 14, 2022.
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Member Stoeckel stated that she signed up to serve on the Municipal Administration Policy Committee and her group was focused on short term rentals, financial disclosure forms for City Council, and affordable housing.
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Member Nelson stated that Titusville completed the Keep Brevard Beautiful Intercoastal Clean up Day.
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Member Robinson stated that he attended the Boards & Commissions Recognition Ceremony at Indian River Preserve Golf Club on October 6, 2022 and enjoyed the ceremony.
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City Managers Report – City Manager Larese submitted his written report.
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City Manager Larese thanked Titusville Police Department and City Council for their participation at National Night Out on October 4, 2022.
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City Manager Larese advised that the City of Titusville terminated the local state of emergency on October 10, 2022 at 12:00 p.m.
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City Attorneys Report –
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With no further business to discuss, the meeting adjourned at 9:02 p.m.