Regular City Council - September 12, 2023

CITY OF TITUSVILLE

COUNCIL AGENDA

September 12, 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 (Presentation Meeting) on August 22, 2023 (5:30 p.m.) and special City Council meeting (Budget Workshop for Fiscal Year 2024) on August 17, 2023 (5:00 p.m.).

5. SPECIAL RECOGNITIONS & PRESENTATIONS

A. Proclamation - National Suicide Prevention Month - The Mayor will present a proclamation proclaiming September of 2023 as National Suicide Prevention Month. No action is requested.

B. Proclamation - Constitution Week - The Mayor will present a proclamation to Indian River Chapter of the Daughters of the American Revolution proclaiming September 17-23, 2023 as Constitution Week. No action is requested.

6. BOARDS AND COMMISSIONS

A. 2023/2024 Student Advisory Council Membership Appointments - Confirm Ms. Sydney Lelle (Astronaut High School), Mr. Simon Williams (Titusville High School), and Pauline Hopping (Academic Community Enrichment, Inc.) as members of the 2023/2024 Student Advisory Council, as nominated by their schools.

B. North Brevard County Hospital District Board - The North Brevard County Hospital District Board's semiannual report will be presented. No action is requested.

C. Code Enforcement Special Magistrate - The Code Enforcement Special Magistrate's semi-annual written report is included in the agenda packet. No action is requested.

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

8. CONSENT AGENDA

A. Renewal of All Lines of Insurance Coverage - Approve the renewal of all lines of insurance coverage for Fiscal Year 24 at a premium of $1,398,636, which is an increase from last year's cost of $950,036.38 and authorize the City Manager to put in place all the necessary instruments for this renewal.

B. Permission to Procure Products or Services on the Vendor of Record (VOR) for the City's Fiscal Year 2024 - It is requested that the Council: (1) Approve the use of the attached vendors determined to be the Sole Source, Single Source, and/or Proprietary purchases; (2) Approve the use of State Contract(s), cooperative contracts and other agency contracts when market research dictates utilizing one of these existing contracts is in the best interest of the City; (3) Approve the issuance of purchase orders and contract renewal options ( 4 ) Delegate authority to the City Manager to award VOR purchases and contracts, exceeding the Ordinance limits, subject to the appropriation of funds for FY 2024; (5) Authorize the Mayor to execute all contracts to VOR exceeding $50,000; and authorize the City Manager to execute all contracts up to $50,000; and (6) Approve Purchasing and Contracting to make award updates or changes to the VOR list resulting from competitive procurement actions conducted by other governmental agencies for those expired contracts being used by the City.

C. Lead and Copper Service Line Inspections Contract Award - Approve the award of contract for the Lead & Copper Service Line Inspections Contract to Gaines Utility Construction Company of Mobile, AL in an amount not to exceed $2,000,000.00 for the development of EPA mandated service line inventory for all water services constructed before 1989 within the City. Authorize the Mayor to execute said contract upon review and approval of City Attorney and staff. Additionally, approve associated budget amendments.

D. Blue Heron Reuse Pump Improvements Contract Award - Approve the award of Blue Heron Reuse Pump Improvements Project to Environmental Equipment Services, LLC of Lakeland, FL in the amount of $768,958 for the construction of reuse pump station improvements at Blue Heron Water Reclamation and authorize the Mayor to execute said contract upon review and approval of City Attorney and staff. Additionally, approve associated budget amendments.

E. Fiscal Year 24 Victim of Crimes Act (VOCA) Grant Award - Accept the Fiscal Year 24 VOCA Grant in the amount of $54,317 to fund the Victim Advocate position and approve the attached Budget Amendment.

F. Resolution No. 23-2023, Establishing Rules of Decorum for all City Boards - Adopt Resolution No. 23-2023, establishing rules for decorum at meetings of the various City Boards consistent with the Rules of Decorum for meetings of the City Council; and providing for an effective date.

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

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.

A. Small Scale Comprehensive Plan Amendment (SSA) No. 1-2023 Lieberman Multifamily and Rezoning on State Road 405 (South Street) with Concept Plan - The applicant requested to table the public hearing. The staff recommends tabling the hearing to regular City Council meeting on October 10, 2023. The hearing will be readvertised.

Conduct the public hearing 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 and (2) That the 5.24 acres being developed be reduced down to 4.99 acres. Motion approved with a 6 yes, 1 no vote. Member Moscoso voted no based on inconsistency with Comp Plan Policy 1.6.3.2 and the South Street Plan from 2016.

10. ORDINANCES-FIRST READING

A. Ordinance No. 44-2023 - Comprehensive Plan Amendment (CPA) No. 1-2023 Water Supply Facilities Work Plan for 2023 - Conduct the first reading of the ordinance for Comprehensive Plan Amendment (CPA) 1-2023 Water Supply Facilities Work Plan for 2023.

Ordinance No. 44-2023 - 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 adopting Comprehensive Plan Amendment 1-2023 amending the conservation, infrastructure, capital improvements and intergovernmental coordination elements of the comprehensive plan related to the City’s water supply facilities work plan and amending the potable water level of service by specifically amending Conservation Element Policy 1.14.12; Infrastructure Element Policy 2.1.1, Objectives 5.1 and 5.3, and Policy 5.3.5; Capital Improvements Element Policy 1.5.1 and Intergovernmental Coordination Element Policy 1.2.22; providing for severability, repeal of prior inconsistent ordinances, incorporation into the comprehensive plan and effective date. (This is a legislative item) (The public hearing is scheduled for the regular City Council meeting on September 26, 2023 at 6:30 p.m.)

B. Ordinance No. 45-2023 - Amendment to Chapter 15, Pensions and Retirement, Article II, General Employees' Pension Plan - Conduct the first reading of Ordinance No. 45-2023 - Amending Chapter 15, Pensions and Retirement, Article II, General Employees' Pension Plan, of the Code of Ordinances of the City of Titusville; amending Section 15-26, Definitions; amending Section 15-28, Contributions, amending Section 15-105, Benefits Effective August 26, 2013; amending Section 15-106, Minimum Distribution of Benefits, Providing for Compliance with the Secure 2.0 Act; amending Section 15-110, Deferred Retirement Option Plan; Repealing all Ordinances in Conflict Herewith; and providing for Severability of Provisions and Providing an Effective Date. (The public hearing is scheduled for the regular City Council meeting on September 26, 2023 at 6:30 p.m.)

C. Ordinance No. 46 - 2023 - Amendment to Chapter 15, Pensions and Retirement, Article III, Police Officers' and Firefighters' Pension Plan - Conduct the first reading of Ordinance No. 46-2023 - Amending Chapter 15, Pensions and Retirement, Article III, Police Officers' and Firefighters' Pension Plan; amending Section 15-126, Definitions; amending Section 15-191, Member Contributions; amending Section 15-211, Retirement Dates; amending Section 15-222, Benefits; amending Section 15-224, Minimum Distribution of Benefits, to provide for compliance with Secure 2.0 Act; amending Section 15-233, Deferred Retirement Option Plan; Repealing all Ordinances in Conflict Herewith; providing for Severability of Provisions and Providing an Effective Date. (The public hearing is scheduled for the regular City Council meeting on September 26, 2023 at 6:30 p.m.)

11. OLD BUSINESS

A. Conditional Mediated Settlement Agreement related to the Special Magistrate Proceeding Under Section 70.51, Florida Statutes (Florida Land Use and Environmental Dispute Resolution Act) in the matter of Gregory J. Nelson, re: Small Scale Amendment (SSA) No. 5-2022, Petitioner, v. City of Titusville, Florida, Respondent – Approve Conditional Mediated Settlement Agreement, authorize the Mayor to sign the Agreement, and announce discussion of a Motion to Rescind the Denial of SSA No. 5-2022, to be heard at the next City Council meeting on September 26, 2023.

12. NEW BUSINESS

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