Regular City Council - January 9, 2024

City Council

Regular Meeting

January 9, 2024

 

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 9, 2024. Mayor Diesel called the City Council meeting to order at 6:40 p.m., not 6:30 p.m., due to the prior meeting of the Community Redevelopment Agency 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 City Clerk Wanda Wells. Assistant City Clerk Jolynn Donhoff 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. City Clerk Wells read the procedures for public comment and participation. 

 

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MINUTES – None. 

 

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SPECIAL RECOGNITIONS & PRESENTATIONS – None. 

 

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Motion:

Member Nelson moved to table Agenda Item 9 A - Ordinance No. 50-2023 - Wireless in the Public Right of Way to the regular City Council meeting of February 13, 2024. Member Cole seconded the motion and it carried unanimously. 

 

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BOARDS AND COMMISSIONS

 

North Brevard Economic Development Zone Dependent Special District Board – City Manager Larese highlighted the request provided in the Council agenda packet. The request was to confirm one (1) member being Jeff Gray, who was appointed by the Brevard County Board of County Commissioners to the North Brevard Economic Development Zone Dependent Special District Board for a four-year term to expire on December 31, 2027.

 

 

 

 

 

 


 

Motion:

Member Nelson moved to confirm the appointment of Jeff Gray appointed by the Brevard County Board of County Commissioners as a regular member of the North Brevard Economic Development Zone Dependent Special District Board, for a four-year term to expire on December 31, 2027. Member Stoeckel 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) – 

 

Bill Klein read from a prepared statement that requested Council to use one of their governing rules or “Rule 13” (Code of Ordinances, Chapter 2, Section 2-26) to revote on the court ruling on the 2022 voter referendum championed by the political Committee Speak of Titusville, for reasons he explained. 

 

The Council did not take action. 

 

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CONSENT AGENDA

 

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

 

  1. Amendment to Economic Incentive Agreement with Trimcor Construction - U.S. 1 Sanitary Sewer Project - Approve the amendment of the Economic Incentive Agreement to allow for the developer to qualify for the grant.

 

  1. Terradyne Reinforced Police Vehicle - Approve purchase of reinforced police vehicle from Terradyne Armored Vehicles Inc.

 

  1. Work Order for Construction Engineering Services for the Blue Heron Screen Project - Approve Work Order #WPWR012 Change Order 1 to Wright Pierce, Inc. in the amount of $29,700.00 to provide engineering consulting services during the construction of the Blue Heron Water Reclamation Facility Screen Replacement project and authorize the City Manager to execute the Work Order.

 

  1. Capital purchase of One (1) MSA Air Pack and One (1) Air Cylinder - Recognize $7,945 of General Fund insurance proceeds to   purchase capital air pack and air cylinder equipment and approve the associated budget amendment.

 

  1. Change Order No.02 for additional Engineering Services for Master Pump Station Improvements Project - Approve the award of change order No.02 to of Work Order WPWR006 to Wright Pierce, Inc., of Orlando, FL in the amount of $39,100 to provide additional permitting services related to a required Environmental Resources Permit for the New Master Pump Station Improvements project and authorize the City Manager to execute the Work Order.

 

  1. Change Order #1 to Contract No. 23-B-043LR with SDV Services for additional work to the 10 Million Gallon Clarifier Drive Unit Replacement Project - Approve Change Order #1 in the amount of $48,804 to contract No. 23-B-043LR with SDV Services for the  replacement and installation of a new exhaust fans for the 10 Million Gallon Clarifier and authorize the City Manager to execute the change order.

 

  1. Extension of Code Enforcement Special Magistrate Term - Authorize the City Manager to execute the one-year renewal of the Agreement for Special Magistrate for Code Enforcement.  Additionally, authorize the City Manager to administratively renew the agreement upon expiration of the first renewal for the second one-year term on behalf of the City.

 

Motion

Member Nelson moved to approve Consent Agenda Items A through G, in accordance with the recommendations. 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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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Ordinance No. 50-2023 - Wireless in the Public Right of Way – Earlier in the meeting, the Council tabled Ordinance No. 50-2023 to the regular City Council meeting on February 13, 2024.

 

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ORDINANCES-FIRST READING

 

Ordinance No. 4 - 2024 Landscape Technical Manual Ordinance – City Attorney Broome read Ordinance No. 4-2024AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES BY AMENDING THE LANDSCAPING TECHNICAL MANUAL TO UPDATE THE APPROVED TREES AND SHRUBS LIST; SPECIFICALLY AMENDING SECTION 5 “LANDSCAPING”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, INCORPORATION INTO THE CODE AND EFFECTIVE DATE, for the first time by title only. 

 

City Manager Larese highlighted the request provided in the Council agenda packet. The request was to conduct the first reading of Ordinance No. 4-2024, which proposed updating the City's Landscape Technical Manual

 

On January 3, 2024, the Planning and Zoning Commission (P&Z) tabled this item until the Titusville Environmental Commission (TEC) was able to provide a recommendation. The TEC would consider these matters at their next regular meeting on January 10, 2024. 

 

Mayor Diesel and staff briefly discussed the TEC initiating the idea to update the City’s Landscape Technical Manual, the subject was on the TEC’s agenda last summer, a consultant and/or staff taking the TEC’s recommendations and drafting the proposed ordinance, etc.  

 

Marlys Breckle submitted a public speaking card. She commented that the tree recommendations in the proposed ordinance were not what the TEC recommended. She further commented on taking education courses through the Brevard County Agriculture Extension Office, information learned from the course instructor (UF/IFAS Rep. Sally Scalera), plant studies specific to various geographical areas and Brevard County, published lists of tree recommendations based on geographical areas, native and non-native plants, not all trees were good for the environment (Brazilian pepper trees being one example), the City having a consultant provide or contribute information that she felt was not aligned with the County’s Agriculture Extension Office instructor’s course materials or the published list of trees recommended by the County’s Agricultural Extension Office, etc.  

 

Council and staff discussion ensued on the process for drafting and writing the proposed ordinance. The tree recommendations or tree list in the proposed ordinance was the central focus of the discussion. The process of drafting included collaboration with a consultant, the consultant or City receiving comments from various individuals in the community, collectively receiving input from the TEC on a draft(s) of the proposed ordinance, and providing all information and comments obtained to the City’s consultant. 

 

Staff advised that the consultant’s scope of work included taking what was good in the list recommended by the TEC, but not to replace the entire list in the City’s current Codes. This was not recommended and this information was previously presented or discussed with the City Council. The consultant did include native and Florida friendly vegetation and this information was shared with the TEC and others. Thereafter, the consultant took what was good from the list recommended by the TEC, considered all feedback and incorporated various recommendations into the City’s current list; however, not all input in the process was used and additional changes were made. Additionally, the indication was the TEC accepted the changes in June of 2023. Once this occurred, the indication was that staff could move forward with preparing to bring a draft ordinance forward for the City Council’s consideration. 

 

Staff further advised that ample opportunities were made for the TEC or its members to speak with the consultant. Staff also made sure to heavily communicate to the TEC members prior to their meeting(s) last year of June 2023 to make sure that members knew this was on their agenda and would be discussed, so that members who did not want to miss the TEC discussing the tree recommendations list or proposed ordinance were present to do so. Staff advised the tree list in the proposed ordinance at this Council meeting was essentially the same list as what the TEC reviewed and discussed in June 2023. 

 

Member Stoeckel and staff discussed that the upon the consultant taking all information into account, the consultant had to make some judgment calls on items or suggestions that may not be appropriate to include in the proposed ordinance. It was noted that individuals would always have varying perspectives.

 

It was also noted the consultant was a professional landscape architect of the firm Kimley-Horn. The consultant was also scheduled to attend the Titusville Environmental Commission (TEC) meeting of January 10, 2024 and depending on the discussion at the next TEC meeting, the consultant may attend upcoming Planning and Zoning Commission (P&Z) meetings. 

 

Discussion continued on the following:

 

  • The types of changes made to the proposed ordinance since last summer were formatting changes to be consistent with the structure in the City’s current Codes
  • The P&Z had asked or discussed more recently making the tree list more heavily native and require minimum amounts of the native trees, etc. This was beyond the original scope set forth for the consultant per staff
  • It was possible individuals or boards could continue to suggest new changes or tweaks
  • Room for improvements
  • Avoiding analysis-paralysis, so that improvements to the Code occurred

 

Bill Klein submitted a public speaking card and commented briefly on his experience. He commented on attending TEC meetings, his support of Marlys Breckle’s comments and using the tree lists published by UF/IFAS Rep. Sally Scalera for Brevard County versus the list proposed by the City’s consultant, an example of problematic trees, including avocado trees, which could spread a disease to another type of tree via flying insects, etc.  

 

This was the first reading of the proposed ordinance. The second reading and public hearing for Ordinance No. 4-2024 was scheduled for the regular City Council meeting on January 23, 2024 at 6:30 p.m.

 

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OLD BUSINESS – None. 

 

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NEW BUSINESS

 

City Attorney Broome read and reviewed the Quasi-judicial Rules of Procedure. 

 

Final Plat and Acceptance of Covenants for Phase 2 and Master HOA Changes, Performance Bonds and Easement for Tranquility, Phase 2 - City Manager Larese highlighted the request provided in the Council agenda packet. The request was to approve the Final Plat and covenants for Tranquility, Phase 2 and accept covenants (Phase 2 and Master HOA changes), performance bonds and easement for completion of required infrastructure and sidewalks. (This agenda item was quasi-judicial.)

 

On January 3, 2024, the Planning and Zoning Commission recommended approval as presented. 

 

The Report to Council indicated that Tranquility (formerly Antigua Bay), Phase 2 was a proposed 102 lot single-family subdivision on approximately 39.374 acres that was located north of State Road 405 and east of South Washington Avenue. This was the second phase of the overall project, which consisted of approximately 345 acres.

 

The City Council approved the original Development Agreement with Master Plan for the Antigua Bay project in 2017. The Master Plan included single-family home lots at the north of the property, both multi-family and commercial zoned property, recreational amenities such as a public boardwalk and walking trails, and open space.

 

The following items were provided in the Council agenda packet and required the Council’s consideration and approval/acceptance at this Council meeting: 

 

  • Final plat
  • Covenants
  • Performance bonds for required infrastructure and sidewalks
  • Public Utility Easement

 

The final plat was consistent with the City’s Comprehensive Plan, the preliminary plat and final plat requirements described in Chapter 34, Article III, Division "Plat" of the Code.

 

Community Development Director Parrish advised that staff had reviewed the final plat for consistency with the City’s Comprehensive Plan and Land Development Regulations and recommended approval. Staff has also reviewed the covenants and performance bonds and recommended acceptance.

 

The mylar map was also at the meeting and had been signed by a surveyor. 

 

Vice-Mayor Robinson and staff discussed whether the final plat included all recommended changes discussed at a previous City Council meeting, but which was indicated the items only pertained to one tract of land of the larger master development. It was noted that the entire project must adhere to the open space requirements for the whole development.

 

Rodney Honeycutt, an engineer on behalf of Tranquility, Phase 2, submitted a public hearing and oath card. He requested Council’s approval of the proposed agenda item. He was available to answer any questions. 

 

There were no additional individuals that wished to speak. 

 

Motion:

Member Nelson moved to approve the Final Plat and covenants for Tranquility, Phase 2 and accept the covenants (Phase 2 and Master Home Owner Association changes), performance bonds and easement for completion of required infrastructure and sidewalks, as recommended. Member Cole 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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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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Council Reports – 

 

Member Stoeckel commented on the following:

 

  • Attending the Space Coast League of Cities meeting of January 8, 2024 and witnessing Vice-Mayor Robinson being sworn-in as a new member on the League’s Board of Directors
  • The 2024 State Legislative session and bills that could affect local governments, including

 

  1. Additional homestead exemption
  2. Repeal of business tax receipts (BTRs)
  3. Imposing time specifications for issuing building permits for cities with populations of 30,000 or greater
  4. Increasing the millage rate or taxes may require a super majority vote or a voter referendum
  5. Sovereign immunity
  6. Mobility plans
  7. Limiting changes to local government Comprehensive Plans
  8. Fees for electric vehicles and rationale
  9. Utility rate charges could not be higher for non-residents
  10. Complaints against law enforcement (no other information available)
  11. Amending the State Live Local Act

 

  • An upcoming trip to Tallahassee
  • Concerns after seeing a recent social media post concerning a house in Cocoa that had dampness or water seeping up through the home’s foundation (recent rainfall indicated)

 

Member Stoeckel advised that purchasing a home was usually the single largest investment made by homeowners and she wanted to protect citizens.  

 

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Mayor Diesel commented on the following:

 

  • During Tropical Storm Faye, water crept up through his home’s foundation. The indication was a small crack may have allowed this to happen
  • Attending and speaking at the upcoming Martin Luther King, Jr. Day parade
  • Appreciation of law enforcement
  • Unprecedented numbers of elected officials were resigning due to the State’s new requirement for elected officials to complete Form 6. To his surprise, this subject was not coming up in more discussions and addressing the concerns

 

Form 6 prompted brief Council discussion. The form seemed to be tedious and intrusive.

 

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Vice-Mayor Robinson commented on the following:

 

  • Attending a memorial service for the homeless
  • Attending the recent Space Coast League of Cities meeting and upcoming State Legislative proposals mentioned earlier by Member Stoeckel

 

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Member Nelson commented on anticipating the City’s use of artificial intelligence (A.I.). More information was forthcoming, per City Manager Larese.

 

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Member Cole commented on the following:

 

  • Attending and speaking at the upcoming Martin Luther King, Jr. Day parade
  • January 20, 2024 was the grand opening of an all-inclusive playground at Sand Point Park. More improvements were also desired beyond the current infrastructure and the Rotary Club or other local organizations were working to raise money

 

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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 Larese verbally provided information on the following:

 

  • A special City Council meeting was scheduled on Thursday, January 11, 2024 at 5:30 p.m. on the Community Development Block Grant (CDBG) Program and requests for funding, etc.

 

  • An update on construction projects in the downtown area, including

 

  1. The installation of baffle boxes at Sand Point Park (one was an educational baffle box, indicating that individuals could see inside)
  2. Space Park observation walkway and pier
  3. A force main project running from South Street lift station to the Osprey Plant
  4. The Launch Now Apartments opened (the old Cafe Chocolat building)
  5. A force main running from the Brix Project to State Road 405

 

  • January 9th was National Law Enforcement Appreciation Day

 

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CITY ATTORNEY’S REPORT – 

 

City Attorney Broome gave a brief update to the Council on a litigation issue that concerned the Apollo Gardens Project.  

 

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With no further business to discuss, the meeting adjourned at 7:31 p.m.