Regular City Council - January 23, 2024 at 6:30 PM

City Council

Regular Meeting

January 23, 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 23, 2024. Mayor Diesel called the City Council meeting to order at 6:30 p.m. 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 

 

Motion:

Member Nelson moved to approve the minutes of the regular City Council meeting on November 14, 2023, as submitted. Member Stoeckel seconded the motion and it carried unanimously. 

 

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City Manager Larese advised that staff requested withdrawing Item 9 A - Ordinance No. 4 - 2024 Landscape Technical Manual Ordinance on the Council agenda.   

 

Motion:

Vice-Mayor Robinson moved to withdraw Ordinance No. 4 - 2024 Landscape Technical Manual Ordinance. Member Nelson seconded the motion for discussion. 

 

Member Nelson commented on watching a Titusville Environmental Commission (TEC) meeting and what she interpreted from listening to the TEC’s discussion on this item. There were two points or options the TEC desired exploring, including:

 

  1. Amend the Land Development Regulations (LDRs) to require a certain percentage of native plantings, similar to other communities
  2. Some communities allowed enhancements if individuals used native plantings. There was a difference between native and Florida friendly. Member Nelson advised that native was preferred

 

Member Nelson and City Attorney Broome discussed that by withdrawing the agenda item, certain boards and commissions could continue discussing these matters and bring back recommendations at a later date. Brief discussion ensued. As more time was taken to draft and develop an ordinance, Council desired information and recommendations on the types of following items or concepts:  

  

  • Whether all recommendations made were good items to potentially add to the Landscape Technical Manual and if not, why
  • Taking the consultant’s recommendations into consideration simultaneous with other recommendations
  • Pros and cons of the recommendations
  • Providing more explanation, etc.

 

It was noted that withdrawing Ordinance No. 4-2024 was a ministerial procedure and because no final decision was being made, public input on withdrawing the ordinance was not required. If or when the item came back to Council and the public hearing was re-advertised and held, the public could submit public speaking cards and make their comments or requests on a proposed ordinance, etc.


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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 Member Toni Shifalo presented the board’s semi-annual written report, which was included in the agenda packet. 

 

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Planning and Zoning Commission – City Manager Larese highlighted the request provided in the Council agenda packet. The request was to appoint four (4) regular members and one (1) alternate member to the Planning and Zoning Commission (P&Z) with terms to expire on January 31, 2026.

 

The terms of four (4) Regular Members being Theodore Garrod, Thomas Perez, Megan Moscoso, Romie Grant, and one (1) Alternate Member John Rogers were due to expire on January 31, 2024. 

Each of the aforementioned regular members desired to continue serving on the board as regular members, with the exception of P&Z Regular Member Thomas Perez (Dual Member on Planning and Zoning Commission and Titusville Environmental Commission), who did not wish to seek reappointment on the P&Z.

 

Alternate Member John Rogers had expressed his desire to be appointed as a regular member; however, if Mr. Rogers was not appointed as a regular member, he desired being reappointed as an alternate member with a term to expire on January 31, 2026.

 

Alternate Member Christopher Childs had also expressed his desire to be appointed as a regular member; however, if he was not appointed as a regular member, then he desired to continue as an alternate member with a term that did not expire until January 31, 2025.

 

There were three (3) additional applications on file for the Council’s consideration, from Benita Diaz-Gallo, Michael Fendler, and Robert Johnston. These applications were provided in the Council agenda packet. 

 

Member Nelson commented on her familiarity with Michael Fendler’s and why Mr. Fendler was unavailable to attend the Council meeting. Vice-Mayor Robinson commended the Planning and Zoning Commission (P&Z) and discussed why he supported the incumbents. Vice-Mayor Robinson also commented on the opening for a regular member. Mayor Diesel supported reappointing the incumbents. He also requested hearing from the applicants and the public. 

 

Joe Richardson waived his right to speak. 

 

John Rogers commented on his desire to serve as a regular member, his strengths, the importance of collaboration, etc. 

 

Stan Johnston desired prioritizing appointing a dual member on the P&Z and the Titusville Environmental Commission (TEC). He also commented on his desire to be appointed to the P&Z. 

 

Megan Moscoso commented on behalf of her application and her desire to serve as a dual member on the P&Z and the TEC, when the time was appropriate. 

 

There were no additional individuals that spoke. 

 

Motion:

Member Nelson moved to appoint Christopher Childs as a regular member on the Planning and Zoning Commission and reappoint Theodore Garrod, Megan Moscoso, and Romie Grant as Regular Members of the Planning and Zoning Commission, with terms to expire on January 31, 2026.

 

The motion also included reappointing John Rogers as an Alternate Member on the Planning and Zoning Commission with a term to expire on January 31, 2026.  

 

In addition, the motion included appointing Michael Fendler as an Alternate Member of the Planning and Zoning Commission to an unexpired term to expire on January 31, 2025.   

 

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

 

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Space Coast Transportation Planning Organization Citizens Advisory Committee Appointment - City Manager Larese highlighted the request provided in the Council agenda packet. The request was to appoint one citizen to serve on the Citizens Advisory Committee (CAC) for the Space Coast Transportation Planning Organization. There was currently one vacancy for the City of Titusville representatives on this committee. There was also currently one application on file. 

 

Laura Whitten spoke on behalf of her application and her desire to serve on the committee. 

 

Stan Johnston submitted a public speaking card. He desired communicating with the applicant subjects that he deemed needed to be addressed that could impact future transportation needs, such as sea level rise, stormwater management, etc.  

 

Motion:

Member Nelson moved to appoint Laura Whitten to serve on the Citizens Advisory Committee (CAC) for the Space Coast Transportation Planning Organization. Member Cole 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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Titusville Community Service Award Select Committee - City Manager Larese highlighted the request provided in the Council agenda packet. The Mayor was to appoint the chairperson and clergy representative for the 2024 Titusville Community Service Award Select Committee with confirmation by City Council.

 

Mayor Diesel advised that he was appointing Thomas "Al" Taylor as the Chair and Barry Russell from the Grove Church as the clergy representative for the Titusville Community Service Award Select Committee.

 

Motion:

Member Nelson moved to confirm the Mayor’s appointments of Thomas "Al" Taylor as the Chair and Barry Russell from the Grove Church as the clergy representative for the Titusville Community Service Award Select Committee. 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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Titusville Housing Authority - City Manager Larese highlighted the request provided in the Council agenda packet. The request was to appoint one member to the Titusville Housing Authority for an unexpired term to expire on May 31, 2024. This was an appointment made by the Mayor and approved by the City Council.

 

There was currently one application on file for consideration from Ms. Monette Massard, who had expressed her willingness and desire to serve as a regular member on this board. 

 

Stan Johnston submitted a public speaking card. He commented on his prior employment as a City employee and his advices when selling properties, which included securing easements where big storm sewers were located, etc. 

 

Motion:

Member Nelson moved to appoint Monette Massard as a regular member of the Titusville Housing Authority, with an unexpired term to expire on May 31, 2024. Member Cole 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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Titusville Flag and Memorial Committee - The Titusville Flag and Memorial Committee's annual written report is included in the agenda packet. No action was requested on the annual report.

 

In addition, Resolution No. 27-2003 stated, "as a ministerial duty, City Council shall affirm the appointment of members and election of officers in January of each year." For this reason, staff was requesting Council affirm the appointment of members and election of officers as written in the annual report.

 

Motion:

Member Stoeckel moved to affirm the appointment of members and election of officers as written in the Titusville Flag and Memorial Committee annual report. Member Nelson 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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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) – 

 

Stan Johnston distributed and read a question or statement he prepared for City Council concerning a sewer spill that he indicated occurred in September to November 2022. 

 

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Melinda Villain read from a prepared statement that reviewed her concerns for a commercial and freight delivery vehicle(s) entering her neighborhood by Acorn Drive and her concern these activities were causing a nuisance to the neighbors, etc. 

 

This prompted additional discussion on fact finding, identifying if pertinent Codes were in existence and being violated, etc. The indication was that no Codes were being violated. The discussion also included the history of freight delivery activities and road design changes in the area in question, Ms. Villain’s preference was for the business(es) that received deliveries near her home receive them on Hopkins Avenue, rather than the present delivery area, etc.  

 

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CONSENT AGENDA

 

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

 

  1. Contract for Osprey Belt Press Repairs - Approve award of Contract for Bid No. 24-B-016/TB to GSM Engineered Fabrics, LLC of Kingsport, TN, for the Osprey Belt Press Improvement project in the amount of $86,061, and authorize the Mayor to execute the Contract. Additionally, approve associated budget amendment.

 

  1. Palm Beach County Contract #19071D for Ground Storage Tank Internal Inspection and Cleaning - Approve the use of the Palm Beach County Contract #19071D effective 11/16/2023 through 11/15/2024 for Ground Storage Tank Internal Inspection and Cleaning of the Armstrong Repump Station and the Raw Water Station in the amount of $29,000 from In-Depth Services Inc. In addition, authorize the inclusion of the awarded firm in the approved Vendor of Record List.

 

  1. Purchase of Brush/Squad Truck and Associated Tools and Equipment - Approve the use of the HGACBuy Cooperative Purchasing Program contract FS12-23, Fire Apparatus and Related Vehicles, effective 12/1/2023 through 11/30/2027 for the purchase of a new brush truck and combination squad from WARD Apparatus and all associated tools and equipment for a total price not to exceed $280,296 based on HGAC (Huston-Galveston Area Council) Bid Award. In addition, approve the purchase of additional tools and equipment not to exceed $19,704. The need for this is due to comparison of other cooperative contracts available for this item that was looked at, market research, and procurement was done by a Public Procurement Unit. Other contracts estimate an extended delivery time of 18-24 months. Ward Apparatus on HGAC will deliver the vehicle in 6 to 7 months.

 

  1. Various Roof Repairs of City Facilities - Approve the use of Brevard County Continuing Roofing Contracting Services RFQ-6-22-13 in the amount of $26,505 for roof repairs at various City facilities to Tech Systems, Inc. of Melbourne, FL. Additionally, approve associated budget amendments and authorize City Manager to execute the Work Orders.

 

  1. Purchase of Valve Maintenance Trailer - Public Works - Approve the award of Bid #24-B-017LR in the amount of $114,911 to Illinois Tool Works of Lincolnshire, IL for the purchase of a Wachs Utility Products Standard LX Valve Maintenance Trailer.

 

  1. Public Works Facilities Fencing and Gates - Approve the use of Brevard County School Board Co-op Purchasing Agreement #21-452-B-JW to award fencing and gate improvements for the Public Works Complex to East Coast Fence and Guardrail of Brevard LLC of Cocoa, FL in the amount of $116,000 and authorize the City Manager to execute necessary agreements. Additionally, approve associated budget amendment.

 

  1. Award of Contract - Underground Facilities Line Locating Services - Approve the award of Brevard County Public Entity Purchasing Cooperative Group Proposal #RFP-2-23-11 to Breakpoint Survey of Tampa, Florida as Primary, and GeoPoint Survey, Inc. of Melbourne, FL as Secondary for underground facilities line locating services on an as needed basis not to exceed an annual authorized amount of $250,000.00. The term of the Agreement shall commence on the day it is executed by both parties and shall be effective through October 16, 2026, with two (2) optional one-year renewals. Additionally, authorize the Mayor to execute the contracts upon review and approval of City staff.

 

  1. Flock Safety Automatic License Detection System Sixty Month Renewal Agreement - Authorize the extension of the Service Agreement Order Form with Flock Safety from Atlanta, Georgia, amounting to $37,500 due to cost increase at the time of current renewal. Additionally, authorize the Mayor to execute the Flock Safety Order Form.

 

  1. Approve Emergency PO - Osprey Dewatering and Hauling - Approve the emergency purchase order issued to Synagro Technologies Inc of Baltimore, Maryland in the amount of $72,000 for the dewatering and hauling of solids from the Osprey Water Reclamation Facility.

 

  1. Comprehensive Plan Natural Resources Public Engagement - Authorize the City Manager to execute the Task Order #13 for public engagement on a natural resources amendment to the Comprehensive Plan utilizing Contract #CO18PBSME with Inspire Placemaking Collective Inc. effective through May 17, 2024, in the amount not to exceed $58,916.

 

  1. Energy Efficiency and Conservation Block Grant (EECBG) Application - Authorize the City Manager to submit the Energy Efficiency and Conservation Block Grant (EECBG) Application to the U.S. Department of Energy.

 

  1. Right of Way Vacate (ROW) Vacation Application No. 4-2020 - Extension Request - Approve Resolution No. 1-2024 amending Resolutions No. 7-2021 and No. 8-2023 to extend the expiration date for the right of way vacation (ROW No. 4-2020 - Falcon's Roost) an additional three-hundred sixty-five (365) days.

 

Stan Johnston submitted public speaking cards on Consent Agenda Items A, B, and I. He was opposed to each of these agenda items for reasons he explained.

 

Motion

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

 

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Ordinance No. 4 - 2024 Landscape Technical Manual Ordinance - Council withdrew this ordinance earlier in the meeting.  

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Ordinance No. 5-2024 - Civic Conditional Use Permits  City Manager Larese highlighted the request provided in the Council agenda packet. The request was to conduct the first reading and first public hearing of Ordinance No. 5-2024. 

 

City Attorney Broome read Ordinance No. 5-2024 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES BY RECLASSIFYING “RECREATION AND COMMERCIAL AMUSEMENT (INDOOR)” FROM A CONDITIONAL USE TO A PERMITTED USE WITH LIMITATIONS IN THE COMMUNITY COMMERCIAL (CC), REGIONAL COMMERCIAL (RC), REGIONAL MIXED USE (RMU-300), AND URBAN VILLAGE (UV) ZONING DISTRICTS, BY AMENDING SECTIONS 28-54 “USE TABLE”, 28-275 “RECREATION AND COMMERCIAL AMUSEMENT (INDOOR)” AND 37-1 “DEFINITIONS”; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, INCORPORATION INTO THE CODE AND EFFECTIVE DATE, for the first time by title only. This was a legislative item. 

 

City Manager Larese advised the Planning and Zoning Commission recommended approval as presented. He also advised a revised copy of the proposed ordinance was distributed. 

 

Community Development Senior Planner Christie Anderson highlighted revisions made to the revised copy of the ordinance that was distributed to the Council.   

 

Member Stoeckel and staff discussed the purpose of the proposed ordinance. 

 

Mayor Diesel opened the first of two required public hearings. 

 

Stan Johnston expressed concern on sewage spills and the threat to public health and safety. 

 

As there were no additional persons that wished to speak, the first public hearing was closed. 

 

There was no additional discussion. 

 

This was the first reading and first public hearing of Ordinance No. 5-2024.  The second reading and final public hearing was scheduled for the regular City Council meeting on February 13, 2024.

 

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FIRST READING – None. 

 

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OLD BUSINESS – None. 

 

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NEW BUSINESS – None. 

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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 – 

 

Mayor Diesel reviewed the following recent activities and events that he was involved with:

 

  • The Martin Luther King, Jr. Parade
  • Titusville Playhouse musical show and the importance of the arts

 

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Member Cole commented on the grand opening of the all-inclusive park at Sand Point Park, the importance of the equipment to the community, the Rotary Club’s plans to further expand the improvements for the playground, etc.

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Vice-Mayor Robinson commented on upcoming travel to Tallahassee for the State Legislative Session.


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Member Stoeckel reviewed the following recent activities and events that she was involved with:

 

  • Upcoming travel to Tallahassee for the State Legislative Session
  • New State Form 6 and its history or the rationale for its implementation
  • An upcoming meeting of the Space Coast Economic Development Commission

 

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CITY MANAGER’S REPORT

 

City Manager's Report - City Manager Larese submitted his written report, as provided in the Council agenda packet. All items were provided for informational purposes only, as followed:

 

  • Titusville Tomorrow Downtown Visioning Meeting of January 29, 2024
  • 1st Quarter Fiscal Year (FY) 24 Strategic Plan Accomplishments

 

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CITY ATTORNEY’S REPORT – 

 

City Attorney Broome updated the Council on two items. He also distributed information. 

 

The first was an update on the Speak Up Wekiva case in Orange County. The Sixth District Court of Appeals entered an order on January 19, 2024. The update also included a review of the Florida Statutes and Chapter 403.4129(a). 

 

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Second, the City Attorney’s Office had received an email from a private law firm that was willing or preparing to file a lawsuit, for the purpose of challenging recent State legislation that required municipal elected officials to complete Form 6 Financial Disclosure Form. The firm would champion the suit if at least ten cities signed-on as plaintiffs and agreed to the flat fee of $10,000 per city, etc. City Attorney Broome was providing this for informational purposes only. 

 

Member Stoeckel believed that ten cities had already agreed to join the suit as plaintiffs. She also believed these matters would be discussed more in Tallahassee next week, etc.  

 

Mayor Diesel commented on the importance of discussing these and all matters under the requirements of Florida’s Sunshine Law or at meetings open to the public, properly noticed, etc. 

 

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With no further business to discuss, the meeting adjourned at 8:08 p.m.