Regular City Council - August 22, 2023 at 6:30 PM

CITY OF TITUSVILLE

COUNCIL AGENDA

August 22, 2023

6:30 PM - Council Chamber at City Hall

555 South Washington Avenue, Titusville, FL 32796

 

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

 

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

 

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

 

1. CALL TO ORDER

 

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

 

3. PLEDGE OF ALLEGIANCE

 

 

4. APPROVAL OF MINUTES

 

A. Minutes - Approve the minutes of the regular City Council meeting on July 25, 2023 (6:30 p.m.).

 

 

5. SPECIAL RECOGNITIONS & PRESENTATIONS

 

A. Reserved for Presentations - There may not be adequate time at the regular City Council meeting scheduled for August 22, 2023 at 5:30 p.m. to hear all the presentations as outlined on the agenda. If necessary, the presentation(s) will be heard at this time during the regular City Council meeting on August 22, 2023 that commences at 6:30 p.m.

 

 

6. BOARDS AND COMMISSIONS

 

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

 

B. North Brevard Commission on Parks and Recreation - Appoint two regular members to the North Brevard Commission on Parks and Recreation with terms to expire on

August 31, 2025.

 

C. North Brevard Library District Board - Appoint one (1) regular member to the North Brevard Library District Board for an unexpired term that will expire on September 30, 2024.

 

D. Accessory Dwelling Units - Planning and Zoning Commission's Recommendation - Review the Planning and Zoning Commission's recommendation to Council to amend the City's AccessoryDwelling Unit regulations.

 

E. Concept Plan of Proposed Urban Forestry Program - In response to City Council’s March 14, 2023, direction to evaluate the Titusville Environmental Commission's Concept Plan of Proposed Urban Forestry Program and request to hire an arborist.

 

 

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

 

 

8. CONSENT AGENDA

 

A. Harry T. Moore Social Service Center Lease Agreements - Approve lease agreements with Hope for North Brevard, Inc. and Community Hope, Inc. for renewing the tenants lease at the Harry T. Moore Social Service Center and authorize the Mayor to execute both agreements.

 

B. Brooks Landing preliminary plat permit extension - Approve the request to extend the Brooks Landing preliminary plat site development permit.

 

C. Countywide JAG Grant for Prisoner Transport - Approve the distribution of the Edward Byrne Justice Assistance Grant - JAG Countywide, in the amount of $152,869, to be used by Brevard County for their Prisoner Transportation Program.

 

D. Medical Excess Stop Loss Insurance Renewal with Symetra for coverage period October 1, 2023 through September 30, 2024 - Approve the renewal of Medical Excess Loss Insurance with Symetra at a total annual fixed cost of $1,067,750.64 or $7.61% increase over current rate. Coverage period is October 1, 2023 thru September 30, 2024.

 

E. Master Lease Agreement - Approval of Amendment Number 1 for Equipment Schedule No 3 - Approve Amendment Number 1 for Equipment Schedule No. 3, for the Master Lease Agreement with Bank of America, to grant an additional twelve (12) months of time to complete the acquisition of all vehicles and equipment.

 

F. Award of Contract Group Dental Plan & COBRA Administration Services - Approve negotiated contract award to Aetna to provide Dental Administration for the City's Self-Funded Dental Program at rate guarantee fee Per Subscriber Per Month for five (5) years and COBRA Administration for Medical and Dental plans for five (5) year term both renewable by mutual consent and negotiation between the parties for up to two (2) renewal options of three (3) year renewal term each, and authorize the Mayor to execute the final contract subject to review and approval by City Manager, City Attorney, and Purchasing & Contracting staff.

 

G. Collective Bargaining Agreement between the International Association of Firefighters (IAFF), Local 2445 and the City of Titusville - Approve the Agreement between the IAFF Local 2445 and the City of Titusville in accordance with Article #29 Duration of the Collective Bargaining Agreement.

 

H. Collective Bargaining Agreement between the Laborers' International Union of North America Local 630 and the City of Titusville - Approve the Collective Bargaining Agreement between the Laborers' International Union of North America Public Employees' Local 630 and the City of Titusville, which was reopened in accordance with Article 32 Entire Agreement - Duration.

 

I. Collective Bargaining Agreement between the Florida State Lodge Fraternal Order of Police Inc. Police Officer, Corporal, Sergeant, and Dispatcher and the City of Titusville

Approve the Wage Reopener in accordance with Article 38 - Term of Agreement and Wage Reopener, of the Collective Bargaining Agreement between the Florida State Lodge Fraternal Order of Police Inc. Police Officer, Sergeant, and Dispatcher and the City of Titusville.

 

J. Collective Bargaining Agreement between the Florida State Lodge Fraternal Order of Police Inc. (Lieutenants Bargaining Unit) and the City of Titusville - Approve the Wage Reopener in accordance with Article 38 - Term of Agreement and Wage Reopener, of the Collective Bargaining Agreement between the Florida State Lodge Fraternal Order of Police Inc. (Lieutenants Bargaining Unit) and the City of Titusville.

 

 

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

 

A. Resolution No. 19-2023 - Confirming and Certifying the Rate and Annual Stormwater Utility Assessment Roll - Approve Resolution No. 19-2023 confirming and certifying the rate and annual Stormwater Utility assessment roll for the municipal fiscal year beginning October 1, 2023; increasing the service rate charge; forwarding the assessment roll to the Tax Collector's Office for collection; utilizing the uniform method of collecting non-ad valorem special assessments levied within the incorporated area of the city, as authorized under section 197.3632, Florida Statutes; adopting findings of fact; providing for an effective date.

 

 

Second Reading, Public Hearing and Related Action (Quasi-judicial) THE FOLLOWING ITEMS ARE SUBJECT TO QUASI-JUDICIAL RULES OF PROCEDURE. ANYONE WISHING TO SPEAK ON AN ITEM MUST FIRST COMPLETE AN AGENDA SIGN-UP CARD AND SIGN THE OATH CONTAINED THEREON. THOSE SPEAKING IN FAVOR OF A REQUEST WILL BE HEARD FIRST. IF YOU HAVE PHOTOGRAPHS, SKETCHES, OR

DOCUMENTS THAT YOU DESIRE FOR CITY COUNCIL TO CONSIDER, THEY MUST BE SUBMITTED INTO EVIDENCE AND WILL BE RETAINED BY THE CITY. SUBMIT THESE EXHIBITS TO THE CITY CLERK.

 

 

B. Comprehensive Plan Small Scale Amendment (SSA) No. 4-2023 3020 Whipple Street - Conduct the second reading and public hearing of the ordinances and approve Small Scale Comprehensive Plan Amendment (SSA) No. 4-2023 with rezoning.

 

Ordinance No. 33-2023. An Ordinance of the City of Titusville, Florida, amending the Code of Ordinances by amending Ordinance No. 60-1988, which adopted the comprehensive plan of the City of Titusville, by amending the future land use map, by changing the land use designation on approximately 1.26+/- acres of property located west of Whipple Street, having Brevard County Parcel ID No 21-35-29-00-545, from the Conservation future land use designation to the Residential Two future land use designation; and providing for an effective date. This item is legislative.

 

Ordinance No. 34-2023. An ordinance of the City of Titusville, Florida, amending Ordinance No. 5-1993 of the City of Titusville, by amending the zoning map made a part of said ordinance by reference by changing the Open Space and Recreation (OR) zoning district to the Rural Residential (RR) zoning district on approximately 1.26+/- acres of property located west of Whipple street, Having Brevard County Parcel ID No 21-35-29-00-545; and providing for an effective date. This item is quasi-judicial.

 

On August 2, 2023, the Planning and Zoning Commission, acting as the Local Planning Agency, recommended approval of SSA No. 4-2023 to amend the Comprehensive Plan Future Land Use and rezoning as presented. Approved 7-0.

 


C. Small Scale Comprehensive Plan Amendment (SSA) No. 3-2023 – Evermore Multifamily, 1925 South Park Avenue - Conduct the second reading and public hearing for ordinances for Comprehensive Plan Small Scale Amendment (SSA) 3-2023 with rezoning.

 

Ordinance No. 35-2023, An Ordinance of the City of Titusville, Florida, amending the Code of Ordinances by amending Ordinance No. 60-1988, which adopted the Comprehensive Plan of the City of Titusville, by amending the Future Land Use map, by changing the Land Use Designations on approximately 10.09+/-, acres of property located at the Northeast quadrant at the intersection of South Park Avenue and Harrison Street, having Brevard County Parcel ID Nos. 22-35-09-00-503 and 22-35-09-00-509, from the Commercial Low Intensity and Medium Density Residential Future Land Use Designations to the High Density Residential Future Land Use Designation; providing for severability, repeal of conflicting ordinances; and providing for an effective date. This is a legislative item.

 

Ordinance No. 36-2023, An Ordinance of the City of Titusville, Florida, amending Ordinance No. 5-1993 of the City of Titusville, by amending the zoning map made a part of said Ordinances by reference by changing the Neighborhood Commercial (NC) and Multi-Family Medium Density (R-2) zoning districts to the Multi-Family High Density (R-3) zoning district on approximately 10.09+/- acres of property located at the Northeast quadrant at the intersection of South Park Avenue and Harrison Street, having Brevard County Parcel ID Nos 22-35-09-00- 503 AND 22-35-09-00-509; by repealing Ordinance Nos. 74-2005 and 76-2005 and all conditions; providing for severability; repeal of conflicting ordinances; and providing for an effective date. This is a quasi-judicial item.

 

On August 16, 2023, the Planning and Zoning Commission, acting as the Local Planning Agency, recommended approval of SSA No. 3-2023 as presented with the staff recommended conditions. Motion approved with a 7-0 vote in favor.

 

 

10. ORDINANCES-FIRST READING

 

A. Small Scale Comprehensive Plan Amendment (SSA) No. 1-2023 Lieberman Multifamily and Rezoning on State Road 405 (South Street) with Concept Plan - Conduct the first reading of ordinances for Small Scale Comprehensive Plan Amendment (SSA) No. 1-2023 with Rezoning with Concept Plan.

 

Ordinance No. 42-2023 of the City of Titusville, Florida, amending the Code of Ordinances by amending Ordinance No. 60-1988, which adopted the Comprehensive Plan of the City of Titusville, by amending the future land use map, by changing the land use designation on approximately 6.65+/- acres of property located east of South Street (SR 405) and across from Swan Lake Drive, having Brevard County Parcel ID Nos 22-35-08-00-2 and 22-35-08-00-257, from the Conservation and High Density Residential future land use designations to the High Density Residential future land use designation; and providing for an effective date. This is a legislative item.

 

Ordinance No. 43-2023 amending Ordinance No. 5-1993 of the City Of Titusville, by amending the zoning map made a part of said ordinance by reference by changing the Open Space and Recreation (OR) and Multifamily High Density Residential (R-3) zoning districts to the Multifamily High Density Residential (R-3) zoning district on approximately 6.65+/- acres of property located east of South Street (SR 405) and across from Swan Lake Drive, having Brevard County Parcel ID Nos 22-35-08-00-2 and 22-35-08-00-257; and providing for an effective date. This is a quasi-judicial item.

 

At their meeting on August 16, 2023, the Planning and Zoning Commission, acting as the Local Planning Agency, recommended approval of SSA No. 1-2023 to amend the future land use and the rezoning with the following two conditions: 1. That the 109.02 acres of wetlands be set aside as a conservation easement 2. That the 5.24 acres being developed be reduced down to 4.99 acres. Motion approved with a 6 yes, 1 note vote. Member Moscoso voted no based on inconsistency with Comp Plan Policy 1.6.3.2 and the South Street Plan from 2016.

 

 

11. OLD BUSINESS

 

 

12. NEW BUSINESS

 

A. Road Closure for Special Event: Dream Cars 4 Kids Car Show - Approve Resolution No. 21-2023 closure of state roads for the Dream Cars 4 Kids Car Show starting at 301 South Washington Avenue to 337 South Washington Avenue on September 17, 2023.

 


B. FDEP Resilient Florida Planning Projects Grant - Accept this letter of Support for the “Resilient Titusville Update and Adaptation Plan” project proposal being submitted for the 2023 Resilient Florida Grant Program. This letter authorizes the City Manager, or his designee, to execute all necessary agreements and documents associated with the program.

 


C. Florida Live Local Act – Advisability - Consider directing the staff to draft definitions, develop procedures, and evaluate the benefits of adopting the Local Option Affordable Housing Property Tax Exemption.

 

 

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

 

 

14. MAYOR AND COUNCIL REPORTS

 

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

 

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

 

 

15. CITY MANAGER’S REPORT

 

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

 

 

16. CITY ATTORNEY’S REPORT