Regular City Council - January 24, 2023 at 630 PM


City Council

Regular Meeting

January 24, 2023

 

The City Council of the City of Titusville, Florida met in regular session in the Council Chamber of City Hall, 555 South Washington Avenue, on Tuesday, January 24, 2023. 

 

Mayor Diesel called the City Council meeting to order at 7:50 p.m., not 6:30 p.m., due to the prior City Council at 5:30 p.m. for special recognitions and presentations meeting ran late. 

 

Present were Mayor Daniel E. Diesel, Vice Mayor Joe C. Robinson, and City Council Members Herman A. Cole, Jr., Col USAF Retired, Jo Lynn Nelson, and Dr. Sarah Stoeckel. Also present were City Manager Scott Larese, City Attorney Richard Broome, and Assistant City Clerk Jolynn Donhoff, who 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. Assistant City Clerk Donhoff read the procedures for public comment and participation. 


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APPROVAL OF MINUTES – None. 

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SPECIAL RECOGNITIONS & PRESENTATIONS – None. 

 

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BOARDS AND COMMISSIONS

 

Historic Preservation Board - No action was requested. Historic Preservation Board Regular Member Toni Shifalo presented the board’s semi-annual written report also included in the Council agenda packet. 

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Planning and Zoning Commission - No action was requested. The Planning and Zoning Commission's semi-annual written report was included in the agenda packet. 

 

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Titusville Environmental Commission - No action was requested. Titusville Environmental Commission Alternate Member Yvette Flis presented the commission’s semi-annual report, which was also included in the Council agenda packet. 

 

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Titusville Flag and Memorial Committee - No action was requested. The Titusville Flag and Memorial Committee's semi-annual written report was included in the agenda packet. 

 

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Titusville Community Service Award Select Committee – In accordance with Resolution No. 23-2013, the request was for Council to authorize or confirm the Mayor’s appointments (selections) of the chairperson and clergy representative for the 2023 Titusville Community Service Award (TCSA) Select Committee.  

 

Stan Johnston submitted a public speaking card. He felt it was important to choose the TCSA representatives carefully. 

 

Mayor Diesel reviewed why he selected and desired Thomas "Al" Taylor as the committee’s Chair and Barry Russell from the Grove Church as the clergy representative for the 2023 Titusville Community Service Award Select Committee. 

 

Motion:

Member Nelson moved to confirm Mayor Diesel’s appointments (selections) of Thomas “Al” Taylor as the chairperson and Barry Russell from the Grove Church as the clergy representative for the 2023 Titusville Community Service Award Selection Committee. Member Cole seconded the motion and it carried unanimously. 

 

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North Brevard Economic Development Zone Dependent Special District Board – Two actions were requested. The first was to accept the resignation of Member Alan Matroni of the North Brevard Economic Development Zone (NBEDZ) Dependent Special District Board. The resignation was effective on January 1, 2023. The second request was to appoint one regular member to this board, with an unexpired term to expire on December 31, 2025. 

 

Edna Wilson and Patricia Barnes had submitted an application. Each desired serving on this board as a City Council appointee. An additional board application received earlier in the day from Nathan Slusher was also distributed to the Council; however, the City’s Codes had a prescribed application deadline. Mr. Slusher’s application was submitted after the deadline. 

 

Nathan Slusher commented on behalf of his application. He had a specific reason that he desired serving on the NBEDZ, which was to assist small businesses and their growth.

 


Motion:

Member Nelson moved to accept the resignation of North Brevard Economic Development Zone (NBEDZ) Dependent Special District Board Member Alan Matroni effective on January 1, 2023, with regrets.  Member Cole seconded the motion and the roll call vote was: 

 

Member Cole                          Yes

        Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

        Member Stoeckel                    Yes

 

The motion carried unanimously. 

 

On the matter of the second request, Council reviewed their individual preferences on the applicants. Additionally, the Council indicated their desire to consider the two applications that were submitted by the application deadline.  

 

Motion:

Vice-Mayor Robinson moved to appoint Edna Wilson as a regular member on the North Brevard Economic Development Zone (NBEDZ) Dependent Special District Board, with an unexpired term to expire on December 31, 2025. Member Stoeckel seconded the motion and the roll call vote was:


       Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

       Member Stoeckel                    Yes

Member Cole                          Yes

 

The motion carried unanimously.

 

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Planning and Zoning Commission – The request was to appoint three regular members and one alternate member to the Commission, with terms to expire on January 31, 2025This request was due to the terms Regular Members of Danny Aton, Joseph Richardson, Catherine Riley and one (1) Alternate Member Christopher Childs were due to expire at the end of the month.  

 

In addition, the request included appointing one regular member with an unexpired (vacant) term that would expire on January 31, 2024

 

It was stated that Regular Members Aton and Richardson desired continuing to serve on the Commission as regular members; however, Regular Member Riley did not wish to be reappointed at the present time.  

 

It was also stated that Alternate Members Christopher Childs (term expiring on January 31, 2023) and Erron Fayson (term expiring on January 31, 2024) desired being appointed as regular members on the Commission; however, if not appointed as regular members, Mr. Childs and Mr. Fayson desired continuing to serve as alternate members. 

 

Two additional applications were on file for Council’s consideration, from Stan Johnston and Theodore Garrod, who each desired serving as a regular or alternate member. 


Erron Fayson, Theodore Garrod, and Stan Johnston were present and commented on behalf of their applications. 

 

Council reviewed their individual preferences on the incumbents that were seeking reappointment and the other applicants. One Council Member expressed concern on an applicant and comments that were allegedly posted on social media.

 

Motion:

Vice-Mayor Robinson moved to reappoint Danny Aton and Joseph Richardson as regular members on the Planning and Zoning Commission, with terms to expire on January 31, 2025. Member Nelson seconded the motion and the roll call vote was:

                                    

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

       Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

 

The motion carried unanimously.

 

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Motion:

Vice-Mayor Robinson moved to appoint Alternate Members Erron Fayson and Christopher Childs as regular members on the Planning and Zoning Commission, with a term to expire on January 31, 2025 for Erron Fayson and with a term to expire on January 31, 2024 (the unexpired term) for Christopher Childs. 

 

This motion died for the lack of a second. 

 

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Motion:

Member Cole moved to appoint Alternate Member Erron Fayson as regular member on the Planning and Zoning Commission, with a term to expire on January 31, 2025. Member Nelson seconded the motion and the roll call vote was:

                                    

Vice-Mayor Robinson            Yes

       Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

 

The motion carried unanimously.

 

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Motion:

Vice-Mayor Robinson moved to appoint Christopher Childs as an alternate member on the Planning and Zoning Commission, with a term to expire on January 31, 2025. The motion also included postponing the appointment of a regular member with an unexpired term expiring on January 31, 2024 to the next regular City Council meeting scheduled on February 14, 2023 at 6:30 p.m. 

 

No second was given immediately to this motion, but rather discussion ensued.

 

Member Stoeckel desired tabling all remaining Planning and Zoning Commission appointments requested at the meeting to the next regular City Council meeting, for reasons she explained. Vice-Mayor Robinson supported the rationale and agreed to amend his motion. 

 

Vice-Mayor Robinson moved to amend his motion and table the appointment of a regular member on the Planning and Zoning Commission with an unexpired term expiring on January 31, 2024 to the next regular City Council meeting on February 14, 2023 at 6:30 p.m. The motion also included tabling the appointment of an alternate member with a term expiring on January 31, 2023 (successive term to expire on January 31, 2025) to the next regular City Council meeting on February 14, 2023 at 6:30 p.m.  Member Stoeckel seconded the motion and the roll call vote was:

 

       Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

 

The motion carried unanimously.

 

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Titusville Environmental Commission – The request was to appoint one (1) regular member to the Titusville Environmental Commission with an unexpired term to expire on November 30, 2024.

 

Stan Johnston and Yvette Flis commented on behalf of their applications.  

 

Motion:

Member Nelson moved to appoint Yvette Flis as a regular member on the Titusville Environmental Commission with an unexpired term to expire on November 30, 2024. Member Cole seconded the motion and the roll call vote was:

                                    

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

 

The motion carried unanimously.

 

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

 

Nathan Slusher submitted information to the Council. He read from a prepared statement that reviewed an idea on how publicly owned land or rights-of-way could be leased by the linear foot and be used to grow food for families. This could provide a new revenue source for the City.  

 

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Kevin Rosa commented on an upcoming and proposed City ordinance that was intended to establish rules for the use of certain City facilities and a process for the issuance and appeal of trespass warnings for violations occurring on public property. He supported the ordinance, but wanted to prevent the public from using loophole excuses for activities that were not prohibited, such as overnight camping, etc. On the other hand, the public also used parks to view overnight rocket launches, so he was not certain how this would be addressed. Mr. Rosa also expressed concern for persons having or proving fishing license status, dumping brown and gray wastes, the aesthetics of multiple persons camping in public parks for launches, issues with RV parking, etc. 

 

City Attorney Broome briefly commented on the intended purpose of the proposed ordinance referenced by Mr. Rosa. It would provide due process for trespassing. He advised the first reading of the ordinance was formally scheduled for the regular City Council meeting on February 14, 2023. 


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Stan Johnston commented on his concerns for the Right to Clean Water Charter Amendment (an item during the 2022 General Election) and a national news media story and legal case (Crosley Green). 

 

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CONSENT AGENDA

 

City Manager Larese read Consent Agenda Items A though G, as followed:

 

  1. Resolution No. 3-2023 - City of Titusville's Investment Policy Update - Approve Resolution No. 3-2023 updating the City of Titusville's Investment Policy.

 

  1. Notice of HIV Antitrust Class Action Litigation - Consent to join the HIV Antitrust Class Action Litigation.

 

  1. HOME Program Funding Agreement for Repairs to Existing Affordable Rental Housing Located at 417 Rock Pit Road and Associated Budget Amendment - Approve partnership agreement with Brevard County and between the Housing for Homeless, Inc. contributing $41,437.00 in City HOME CHDO grant funds to the project, and approval of associated budget amendment.

 

  1. Work Order for Engineering Services for Laboratory Facility Renovations - Final Design - Approve the award of Work Order #12 to CDM Smith of Maitland, FL in the amount of $373,096.84 to provide architectural and engineering consulting services including, but not limited to, the development of 60%, 90% and 100 percent complete drawings and specifications for Laboratory Facility Renovations, authorize the Mayor to execute the Work Order, and approve a budget amendment in the amount of $85,000, which is needed to fully fund both the Work Order and direct expenses for structural inspections associated with the project design.

 

  1. Transfer Unencumbered ARPA Funds Allocated to Nonprofits Service Providers to the Boys & Girls Club - Approve the transfer of previous awarded ARPA funds from Catholic Charities of Central Florida to the Boys & Girls Club in the amount of $10,120.

 

  1. Public Tax Deed Sale on February 23, 2023 for Sun Valley Lot 21 Block 77 and March 16, 2023 Tax Deed Sale for Sun Valley Lots 16, Block 75; Lot 12 Block 75; Lot 19, Block 67 and Lot 28, Block 69 - Consent to give the City Attorney's office authority to bid at the public auction on Sun Valley properties which are contiguous to other Sun Valley properties purchased by the City for its wellfield protection.

 

  1. Resolution No. 4-2023 - Sculptor Charter School's "Back to the 80's" A. Max Brewer Bridge 5K Road Closure - Approve Resolution No. 4-2023 approving the closures of state roads for the Sculptor Charter School's "Back to the 80's" 5K run event on February 25, 2023.

 

Stan Johnston submitted public speaking cards on Consent Agenda Items A, D, E, F, and G. He reviewed why he was opposed to Consent Agenda Items A and D, and why he was neutral on Consent Agenda Items E, F, and G.  

 

Motion:

Member Nelson moved to approve Consent Agenda Items A through G, in accordance with the recommendations. Member Cole seconded the motion and the roll call was:           

                        

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Cole                          Yes

 

The motion carried unanimously.  

 

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Ordinance No. 5-2023 Stormwater Technical Manual Ordinance – City Attorney Broome read Ordinance No. 5-2023 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 37 “DEFINITIONS”, SECTION 37-1 “DEFINITIONS” TO AMEND THE DEFINITION OF LEGAL POSITIVE OUTFALL; AMENDING CHAPTER 30 “DEVELOPMENT STANDARDS”, SECTIONS 30-207 “AREA OF CRITICAL CONCERN PERFORMANCE” BY AMENDING RETENTION AND DISCHARGE REQUIREMENTS FOR ALL DEVELOPMENT SITES, AND 30-208 “PERVIOUS PAVEMENT STANDARDS IN THE AREA OF CRITICAL CONCERN” TO INCLUDE PERVIOUS PAVEMENT STANDARDS FOR DEVELOPMENT OUTSIDE OF THE AREA OF CRITICAL CONCERN AND AMENDING REFERENCES FOR INTERNAL CONSISTENCY; AND AMENDING SECTION 7 “STORMWATER MANAGEMENT TECHNICAL MANUAL”, BY AMENDING SECTION 7.4 “STORMWATER MANAGEMENT DESIGN CRITERIA” RELATING TO “LEGAL POSITIVE OUTFALLS”, POLLUTANT DISCHARGE. POND DESIGN, MODEL AND STORMWATER DESIGN CRITERIA, AND LOW IMPACT DEVELOPMENT; PROVIDING FOR GRANDFATHER PROVISIONS, SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the second time and by title only.

 

City Manager Larese highlighted the request in the Council agenda packet. He also advised the Planning and Zoning Commission considered this ordinance on January 4, 2023 and recommended approval, 5-0.  Community Development Director Brad Parrish distributed and reviewed changes in a revised copy of the proposed ordinance. Staff also advised the revisions did not require new legal advertising. Member Stoeckel and Vice-Mayor Robinson commented on their understanding of the proposed changes by staff.  

 

Mayor Diesel opened the public hearing. 

 

Stan Johnston advised that he hoped to testify in court one day on his concerns on stormwater or a stormwater master plan. He was also concerned on the public paying the costs to install culverts. 

 

With no additional persons that wished to speak, the public hearing was closed.  

 

Motion:

Member Nelson moved to approve Ordinance No. 5-2023, as revised and recommended. Vice-Mayor Robinson seconded the motion and the roll call was:     

                        

Mayor Diesel                          Yes

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

 

The motion carried unanimously.  

 

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Ordinance No. 6-2023 - Modifications to Risk Management Program Definitions, Payment of Claims, Claim Settlement, and Additional Risk Sections of the Ordinance - City Attorney Broome read Ordinance No. 6-2023 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 2, ARTICLE VII “RISK MANAGEMENT PROGRAM” TO CLARIFY EXPENSES TO BE PAID FROM THE SELF INSURED LOSS FUND AND TO AMEND THE THRESHOLD AMOUNT FOR SETTLEMENT OF CLAIMS BY CITY MANAGER OR DESIGNEE; BY AMENDING SECTION 2-229 “DEFINITIONS”; SECTION 2- 231 “EXPENSES AND COSTS TO BE APPROVED AND PAID FROM FUND”; SECTION 2-235 “CLAIMS/SETTLEMENT AUTHORITY”; AND SECTION 2- 239 “ADDITIONAL RISKS”; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE, for the second time by title only.

 

City Manager Larese highlighted the request in the Council agenda packet. 

 

Mayor Diesel opened the public hearing. 

 

Stan Johnston commented on his concerns on taking risks, a prior sewer spill and concerns for public health and safety, etc. 

 

Joy Morgan referenced a presentation made by an attorney (consultant) at the City Council meeting at 5:30 p.m. on January 24, 2023, on the matter of public comment and participation. She felt one citizen often overstepped or misused their time for public input at City Council meetings. 

 

With no additional persons that wished to speak, the public hearing was closed.  

 

Motion:

Member Nelson moved to approve Ordinance No. 6-2023, as recommended. Vice-Mayor Robinson seconded the motion and the roll call was:        

                        

Vice-Mayor Robinson            Yes

Member Stoeckel                    Yes

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

 

The motion carried unanimously.  

 

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ORDINANCES-FIRST READING

 

Ordinance No. 7-2023 - Specific Revisions to the Police Officers' Pension Plan and established "Share Plan" to provide special benefits to Police Officers – City Attorney Broome read Ordinance No. 7-2023 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING CHAPTER 15, PENSIONS AND RETIREMENT, ARTICLE III, POLICE OFFICERS’ AND FIREFIGHTERS’ PENSION PLAN, OF THE CODE OF ORDINANCES OF THE CITY OF TITUSVILLE; AMENDING DIVISION 5, SECTION 15-237, SUPPLEMENTAL BENEFIT COMPONENT FOR SPECIAL BENEFITS; CHAPTERS 175 AND 185 SHARE ACCOUNTS, TO PROVIDE FOR A SHARE PLAN FOR POLICE OFFICERS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY OF PROVISIONS AND PROVIDING AN EFFECTIVE DATE, for the first time by title only. 

 

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

 

The public hearing on Ordinance No. 7-2023 was scheduled for the regular City Council meeting on February 14, 2023 at 6:30 p.m.

 

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OLD BUSINESS

 

Outdoor Storage in the DMU Zoning District – City Manager Larese highlighted the request in the Council agenda packet. The request was to consider the alternatives and information provided by staff regarding outdoor storage in the Downtown Mixed Use (DMU) zoning district and provide direction. Staff was also available to answer questions.

 

Rodney Honeycutt submitted a public speaking card. He commented on a discussion with City staff and submitting a Conditional Use Permit (CUP) application to assist his client with their goals for outdoor storage in DMU zoning. On this, he and his client learned there was a 300-foot setback requirement was required with a CUP permit. Mr. Honeycutt then spoke to the character of the area of his client’s property and plans for improving the property. He and his client desired an alternative option on page 329 of the Council agenda packet, which included reducing the setback requirement from 300-feet to 100-feet, etc.  The CUP process also facilitated or required neighbors to attend advertised public hearings; however, if one’s property was in the Industrial zoning, the setback requirement was 25-feet from residential (for some odd reason he felt).

 

David Parsons submitted a public speaking card. He was a property owner and supported Mr. Honeycutt’s proposal and comments. 

 

Stan Johnston submitted a public speaking card. He referenced a presentation made by an attorney (consultant) at the City Council meeting at 5:30 p.m. on January 24, 2023, on the matter of public comment and participation. He commented on a reference made in the presentation on other methods of communicating with Council Members, such as email. 

 

The individual Council Members reviewed their comments and questions, which spanned the following topics:

 

  • A desire to allow outdoor storage in Downtown Mixed Use (DMU) zoning and helping one particular property owner, but also not wanting to cause spot zoning---an unintended consequence
  • The Conditional Use Permit (CUP) application, process, and Code requirements
  • The main issue with the CUP Code requirements was a 300-foot setback requirement from residential
  • Industrial setback requirements and obtaining a map of all industrial properties
  • Compatibility of outdoor storage next to residential and/or subdistricts
  • Legal advertising and public notices associated with processing a CUP application

 

Motion:

Member Nelson moved to have the City Manager and staff bring back a proposal on Option 4 on page 329 of the Council agenda packet and have staff provide a map of industrial properties in the Downtown Mixed Use (DMU) Midtown Subdistrict. 

 

No second was given immediately to this motion, but rather discussion ensued.

 

Member Stoeckel desired seeing a map of Industrial properties in the DMU zoning district Midtown Subdistrict.  

 

Community Development Director Parrish advised that his understanding of what Member Nelson was directing in her pending motion was for staff to report back to Council with a proposed ordinance, which took time and staff could not come back or have this at the next regular City Council meeting. An ordinance would also require time to legally advertise. Then, at the first reading of a proposed ordinance, the Council could see “the map”. He requested whether this was the intent of Member Nelson’s motion or whether the Council desired viewing “the map” beforehand. 

 

Member Nelson advised that staff could bring back “the map” at the next regular Council meeting and go forward with an ordinance from there.    

 

City Attorney advised that the City Council could also consider tabling the discussion and advisability to next regular City Council meeting, including providing direction. The Council could also request “the map” at the next regular Council meeting.  

 

Member Nelson amended her motion to table the discussion and advisability on outdoor storage in the Downtown Mixed Use (DMU) zoning district to the next regular City Council meeting on February 14, 2023 and request that staff return with a map of industrial properties in the Downtown Mixed Use (DMU) Midtown Subdistrict at the next regular City Council meeting.  Member Cole seconded the motion and the roll call vote was: 

 

Member Stoeckel                    No

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            No

 

The motion carried and was approved, with a vote of 3-yes to 2 no.   

 

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NEW BUSINESS

 

Tranquility Shores (formerly Antigua Bay), Phase 2 - Sketch Plat – City Manager Larese highlighted the request in the Council agenda packet. The request was to approve the sketch plat for Tranquility Shores, Phase 2. On January 18, 2023, the Planning and Zoning Commission (P&Z) made a motion to approve the sketch plat with the deletion of any mention of building pad minimum size requirements (P&Z recommended approval vote of 7-0).

 

Community Development Director Parrish advised that more information than usual was provided for this sketch plat. He began by commenting on the project representative’s coversheet on page 343 of the Council agenda packet and staff’s request for the project representatives to revise this coversheet, which the reps. submitted or distributed at the Council meeting. The revised coversheet was intended to replace page 343 of the Council agenda packet and revise the Phase 2 Sketch Plat’s General Data terms. The rationale for the revised coversheet had to do with simplifying the coversheet and listing only the City’s Code requirements (standards) inside a particular table.  

 

Community Development Director Parrish also advised that he had no objections to the Planning and Zoning Commission’s recommendations of approval.  

 

Three individuals submitted public speaking cards. 

 

Rodney Honeycutt, P.E. and Tranquility Shores, Phase 2 – Sketch Plat Project Representative, distributed two additional documents that he desired the Council consider for the action that was requested on the Council’s agenda. This included a one-page document with language that he desired be included in Council’s motion of approval. The other was a large, revised, cover sheet for the Tranquility Shores, Phase 2 sketch plat from Honeycutt & Associates, Inc., that would replace page 343 of the Council agenda packet and revise the Phase 2 Sketch Plat’s General Data terms. 

 

Mr. Honeycutt commented on items that must meet the standards or Code requirements and changes would require coming back for the Council’s approval. On the project’s coversheet (page no. 343), the old coversheet indicated required and proposed, but this was simplified to only include the City’s standards or Code requirements.  Mr. Honeycutt further advised that the project was 102 lots on 40 acres. He reviewed information on a public access road(s) bisecting in the master plan, meeting with staff, and from information that he distributed and requested, including

 

Any information outside of the phase II sketch plat boundary and access road from phase II to the U.S. Highway 1 right of way was for informational purposes only and it was not binding upon the phase II sketch plat”. 

 

Member Stoeckel desired not having the project representatives return to Council for any unnecessary requests. She also supported the request, the proposed revisions, and the recommendations.

 

City Attorney Broome reviewed the Quasi-Judicial Rules of Procedure with the Council. 

 

Gary Allen Sr. waived his right and time to speak.

 

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It was 10:29 p.m. 

 

Motion:

Member Nelson moved to extend the meeting’s time until 11:00 p.m. Vice-Mayor Robinson seconded the motion and it carried unanimously.

 

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Council discussion continued on the request to approve the sketch plat for Tranquility Shores, Phase 2. 

 

Stan Johnston, a professional engineer, requested the City hire an outside engineer to review his complaints and concerns. 

 


Motion:

Member Cole moved to approve the Tranquility Shores, Phase 2 - Sketch Plat, as revised at the Council meeting, which included the following terms of approval:

 

  • Approval as recommended by staff, and
  • Approval as recommended by the Planning and Zoning Commission, and
  • Approval as requested by Rodney Honeycutt, P.E., to include language that “Any information outside of the phase II sketch plat boundary and the access road from phase II to the U.S. Highway 1 right of way is for informational purposes only and is not binding upon the phase II sketch plat”, and
  • Approval of the revised coversheet for Tranquility Shores, Phase 2 sketch plat from Honeycutt & Associates, Inc., that would replace page 343 of the Council agenda packet and revise the Phase 2 Sketch Plat’s General Data terms. 

 

The motion of approval also provided that approval was only for what was within the sketch plat for Tranquility Shores, Phase 2, and not outside this particular sketch plat’s boundaries. Member Nelson seconded the motion and the roll call vote was: 

 

Member Cole                          Yes

Member Nelson                      Yes

Mayor Diesel                          Yes

Vice-Mayor Robinson            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 highlighted an email from a citizen (Donn Mount), who was invited to speak at the Council meeting. The matter concerned State law requirements. The citizen’s email provided that 

 

In 2022, 3 local bills were filed for the City of Orlando, City of Apopka and City of Edgewood. All three bills changed the restaurant/liquor special food service license requirements and lowered the threshold from 2,500 square feet to 1,800 square feet, and the number of seating from 150 seats to 80 seats. 

 

Some of the older buildings in our city require too much renovation and building permits etc. to get to the current requirements. With a local bill filed, like has been done in the City of Orlando, Apopka and Edgewood it would greatly improve the viability of the small businesses in the City of Titusville”. 

 

To the above, Mayor Diesel requested the Council’s consideration on this issue. 

 

Stan Johnston waived his right and time to speak. 

 

Motion:

Member Cole moved to authorize the Mayor to communicate (via drafting letters and any other desired communication methods) with the State Legislature and anyone on this aforementioned matter. The indication was to help and support restaurants in the City of Titusville. Member Nelson seconded the motion and it carried unanimously. 

 

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Council Reports

 

Member Cole requested the Council’s consideration of a proposed proclamation for A Day of Racial Healing in the City of Titusville and authorizing the Mayor to present this item, as explained.  

 

Stan Johnston waived his right and time to speak. 

 

The Council indicated support of the information. 

 

Motion:

Member Cole moved to authorize Mayor Diesel to present a proclamation at the next regular City Council meeting of February 14, 2023 at 6:30 p.m., that would recognize January 17, 2023 as “A Day of Racial Healing in the City of Titusville”. The proclamation will be presented to Mr. Bill Gary, who was the Chairperson of the Harry T. and Harriett V. Moore Cultural Complex Board of Directors. Member Nelson seconded the motion and it carried unanimously. 

 

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Member Nelson commented on a social media post that she advised was untrue, which indicated that she wanted to get rid of backyard tomato plants. 

 

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Vice-Mayor Robinson commented on attending a recent legislative briefing meeting in Viera, where Mayor Diesel was also present, but Florida Sunshine Law was not violated.  

 

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Member Stoeckel commented on having a recent discussion with a new State Representative (Chase Tramont), who invited the City to provide him with any information on available State appropriated funding and the City’s needs. Her thoughts on use of funding were for unfunded needs, infrastructure, flood zone areas, etc., to which the Council could collaborate or direct the City Manager. 

 

In addition, Member Stoeckel commented on being pleased with the progress toward the future widening of State Road 405. City Manager Larese remarked the same to anticipate growth. The project was estimated for 2026. 

 

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CITY MANAGER’S REPORT

 

City Manager's Report - City Manager Larese submitted his written report. 

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City Manager highlighted the following pieces of information:

 

  • Award of funding that was received and that was to be used on five water quality projects

 

  • At a recent government affairs meeting, a space industry related manager indicated her company was moving forward with having 100 full time employees, but there were challenges with finding housing for the employees

 

  • Construction on the first floor of City Hall would begin the second week of February. Portable restrooms would be available for the public and staff’s use during this time

 

All remaining items were informational only, as followed:

 

  • Special City Council Meeting – February 4, 2023, 9:00 a.m., City Hall Council Chamber, Fiscal Year 2024 Strategic Planning and Community Conversation

 

  • Comprehensive Plan Public Workshop with citizens (hosted by City staff and Cain Associates) – February 21, 2023, 6:00 p.m., North Brevard Senior Center

 

  • Special City Council Meeting – March 7, 2023, 5:30 p.m., City Hall Council Chamber, Fiscal Year 2024 Strategic Planning with Senior Staff

 

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Mayor Diesel highlighted a few upcoming events, as followed:

 

  • Swearing-in Ceremony at Titusville Police Department
  • Titusville Installation Banquet
  • Astronaut Memorial Ceremony

 

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CITY ATTORNEY’S REPORT – None. 

 

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With no further business to discuss, the meeting adjourned at 10:50 p.m.