Regular City Council Meeting - July 14, 2020 at 6:30 PM

  1. Minutes

City Council

Regular Meeting

July 14, 2020

 

The City of Titusville City Council met in regular session on Tuesday, July 14, 2020, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796. 

 

Mayor Johnson called the City Council meeting to order at 6:30 p.m. Those present in the Council Chamber included Mayor Johnson, Vice-Mayor Daniel Diesel, and City Council Members JoLynn Nelson and Robert Jordan. Also present were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant Caitlin Rodriguez completed the minutes.

 

City Council Member Sarah Stoeckel participated in the meeting remotely (off site), using communications media technology, as allowed by Florida Statutes and State emergency orders during the COVID-19 pandemic and threat to public health and safety.


City Clerk Wanda Wells read the procedure for public comment and participation. City Attorney Broome read additional procedures for public comment and participation for City Council meetings during COVID-19, which were posted on the City website and the Council agenda and which were based on City of Titusville Resolution No. 16-2020. Mayor Johnson requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag.


APPROVAL OF MINUTES 

 

Motion: 

Member Jordan moved to approve the minutes of the regular City Council meetings on May 26, 2020 at 6:30 p.m. and June 9, 2020 at 6:30 p.m. Member Nelson seconded the motion and the roll call vote was as follows:

 

Member Jordan                       Yes

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes                  


City Manager Larese stated that staff requested that agenda item 6C – Planning and Zoning Commission Semi-Annual Report be pulled from the agenda. City Manager Larese also requested that Council approve to allow public speaking cards for this meeting on Special Recognitions and Presentations. All Council members were in favor. 

 

Member Jordan requested that COVID-19 (Face Coverings) be added to the agenda under Boards and Commissions, item 6D. 


SPECIAL RECOGNITIONS & PRESENTATIONS

 

Review of Police Departments Policies and Procedures – Titusville Police Department Chief John Lau provided a powerpoint presentation and highlighted as followed: 

 

  • Policy and Procedure Review
  • Objective
  • Criminal Justice Standards and Training Commission
  • Titusville Police Policies and Procedures
  • Suggested Policy Changes
  • Suggested Policies
  • Force Guideline Flow Chart
  • Citizen Review Board
  • Questions and Discussion

 

Discussion ensued from City Council regarding questions for Chief Lau concerning the Titusville Police Department’s policies on processes and procedures.

 

Stan Johnston stated that he would like for Chief Lau to specifically comment on “No-Knock Warrants”.


BOARDS AND COMMISSIONS


Historic Preservation Board– Alternate Member Toni Shifalo gave a presentation that highlighted and reviewed the Historic Preservation Board’s Semi-Annual Report.

 

Mayor Johnson thanked Ms. Shifalo for what the Historic Preservation Board does to protect the Titusville community. No action was taken by City Council. 


Planning and Zoning Commission – City Manager Larese highlighted the request, as provided in the Council agenda packet. The request was to appoint one regular member to the Planning and Zoning Commission with a term to expire on January 31, 2022. 

 

Planning and Zoning Alternate Member Jan Cary indicated his desire to be appointed as a regular member on the commission. Three applications were also on file for consideration as regular members: Mr. Romie Grant who was serving on the Municipal Code Enforcement Board, Stan Johnston, and Ms. Joyous Parrish who all indicated their desire to serve on the commission as a regular member. 

 

Mr. Cary highlighted his experience and stated that he felt he had a lot of experience and input to bring to the table to help make Titusville a better community. 

 

Mr. Romie Grant stated his desire to resign from the Municipal Code Enforcement board if he was appointed to the Planning and Zoning Commission. Mr. Grant felt that this was his way to continue to give back to his community.  

 

Mr. Stan Johnston highlighted his experience and qualifications. Mr. Johnston stated that Mr. Romie Grant should be dually considered to serve on both the Municipal Code Enforcement Board and the Planning and Zoning Commission. Mr. Johnston then stated that he did not get along with City staff and that he requested the resignation of City Manager Scott Larese, Mayor Walt Johnson, Council Member Robert Jordan, and Council Member Jolynn Nelson. Mr. Johnston offered City Council $100.00 if they could provide him a copy of a report that was completed by an independent engineering company that reviewed Mr. Johnston’s correspondence to the City that cost $70,000.  

 

Member Nelson called for a point of order as Mr. Johnston’s remarks were not related to the agenda item being discussed. 

 

Member Nelson advised that she had spoken to Ms. Joyous Parrish and that Ms. Parrish was interested in being a member of the Planning and Zoning Commission, but expressed that she felt like it was not the right time for her to serve. 

 

Motion:

Member Jordan moved to appoint Mr. Romie Grant to the Planning and Zoning Commission with a term to expire on January 31, 2022. Vice-Mayor Diesel seconded the motion.  

 

Member Nelson                      Yes

Mayor Johnson                       No

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes 

Member Jordan                       Yes

 

 

The motion carried 4-1 with Mayor Johnson in objection. 



COVID-19 (Face Coverings) – Member Jordan requested, with Councils approval, to have this item added as an agenda item for additional discussion. 

 

Member Jordan read a statement released by Parrish entitled Parrish Health Care’s Position on Universal Masks and distributed it to Council and City Staff regarding the requirement of face masks in their facilities. Member Jordan urged the citizens to wear face masks in an effort to slow the spread of the virus so that the community and economy would get back to normal. 

 

Stan Johnston stated that he felt the statistics that had been reported regarding COVID-19 were misrepresentative. He cautioned everyone present at the meeting on the seriousness of the virus. Mr. Johnston stated that he was not taking the virus seriously at first, but he now realized the severity of it. 

 

Mayor Johnson and City Council Members, individually, expressed their thoughts and opinions on the status of the COVID-19 virus. 


 PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM)


Herman Cole presented his Humanity Task Force that he put together with 18 different community leaders varying in age and race. Mr. Cole advised that he would keep the public and City Council informed with upcoming workshops and seminars with the goal to promote healing through understanding and knowledge to the community. 

 

Glenn Dames and John Vaishali, a broker for Florida Beach Estates, each took a moment to speak briefly about the work they had partnered with and were doing for the property located at 1350 S. DeLeon Avenue, the old William’s Apartments location. They stated they were working diligently to bring the property up to code to provide affordable housing for the community. 

 

Claudette Beggs and Laura Ward expressed concern on the Septic-to-Sewer Project Area approved for funding in the Save Our River Lagoon Project Plan that may affect their properties and asked whether they would be forced to move from septic to sewer.  Mayor Johnson advised that he would look into their concerns.  

 

Willie and Liberty Taylor stated their concerns with the illegal activity happening at the old Williams Apartments complex located at 1350 S. DeLeon Avenue. 

 

Morris Mallett requested Council look at the property located at the corner of DeLeon Avenue and Blanton Street, near the bicycle trail.   He felt that it would be a good location for walkers/bicyclists to park and rest.  Council provided advisability to complete an analysis of the property located at the corner of DeLeon Avenue and Blanton Street.

 

Morris Mallet also stated his concerns for the status of Blanton Park and requested that the City look at updating the park equipment and trimming the trees for the children in the area. 

 

Jeff Davis with Brevard County Parks and Recreation was present and stated that there had been conversation about renovations for Blanton Park. He stated that there was a process involved and it just takes time and money. 

 

Stan Johnston distributed a handout to City Council and staff. Mr. Johnston voiced his concerns regarding the Septic-to-Sewer Project approved for funding in the Save Our River Lagoon Project Plan. Mr. Johnston explained that the handout was an addressed envelope to himself. He stated the envelope was for City Council or staff to mail to him the $70,000 engineering report that he requested previously. 


CONSENT AGENDA 

 

City Clerk Wanda Wells advised that there were public speaking cards submitted for items C, D, F, G, H, and I. 

 

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

 

  1. First Amendment to Right-of-Way Use Agreement with West 50 Plaza, LLC - South Helen Hauser Boulevard - Approve the First Amendment to the Right-of-Way Use Agreement with West 50 Plaza, LLC for placement of a sign in the median of South Helen Hauser Boulevard and authorize the Mayor to execute the agreement.

 

  1. 2020-2022 School Board of Brevard County School Resource Officer (SRO) Program - Approve and execute the 2020-2022 School Board of Brevard County SRO Program Agreement and required Budget Amendment.

 

  1. Lump Sum Payout of $25,000 Cancer Benefit in accordance with 112.1816, Florida Statute - Approve a one-time Lump Sum cash payout of $25,000 Cancer Benefit to a City of Titusville Firefighter who has met all of the requirements in accordance with 112.1816, Florida Statute from the Loss Fund.

 

Stan Johnston stated that he was opposed to this particular item on the agenda. Mr. Johnston wanted to know how the City of Titusville could state they were balancing the budget and have a 56 million-dollar OPEB liability. 

 

  1. Florida Firefighter Cancer Benefit Fully Insured Policy Coverage - Approve a Florida Firefighter Cancer Benefit Fully Insured Policy Coverage offered by Chubb Accident and Health at an annual premium of $16,634.00 for a coverage period of one year.

 

Stan Johnston submitted a public speaking card. He expressed concerns with the proposed action. 

 

  1. Declaration of Surplus Real Property - Lucky Street and First Avenue - Designate the City owned .13-acre parcel on the corner of Lucky Street and First Avenue as surplus property and authorize staff to dispose of the property, as per surplus real property procedures.

 

Stan Johnston submitted a public speaking card. Mr. Johnston felt the proposed action was an unnecessary expense to the City. 

 

  1. Cost-Share Funding Interlocal Agreement - Osprey Pond Floating Islands - Approve the Save Our Indian River Lagoon Project Cost-Share Funding Interlocal Agreement between the City of Titusville and Brevard County in the amount of $60,000 in funding toward the installation of the Osprey Plant Pond MAPS project, approve associated budget amendment, create associated project and authorize the Mayor to execute the agreement.

 

Stan Johnston stated that he would like for City Council to look into the issue of $60,000 in funding being used for this item. 

 

  1. Cost-Share Funding Interlocal Agreement - Draa Field Floating Islands - Approve the Save Our Indian River Lagoon Project Cost-Share Funding Interlocal Agreement between the City of Titusville and Brevard County in the amount of $31,281 in funding toward the installation of the Draa Field Pond MAPS project, approve associated budget amendment, create associated project and authorize the Mayor to execute the agreement.


Stan Johnston stated that City Council should look into the maintenance of the floating islands being discussed. 


  1. Cost-Share Funding Interlocal Agreement - Draa Field Vegetation Harvesting - Approve the Save Our Indian River Lagoon Project Cost-Share Funding Interlocal Agreement between the City of Titusville and Brevard County in the amount of $57,360 in funding toward the Draa Field Pond Vegetation Harvesting project, approve associated budget amendment, create associated project and authorize the Mayor to execute the agreement.

 

Stan Johnston stated he was also opposed to this item because the City of Titusville does not respond to his questions regarding financial fitness.

 

Laurilee Thompson stated her concerns with pesticides being used and the removal of the vegetation on Draa Field that was needed for various species of birds to survive in the area.

 

Staff advised that they would not be using herbicides, but that they would be mowing back some of the weeds that have taken over the area.  

 

 

  1. Feasibility Study and Conceptual Design – Consultant Award - Approve the award of contract for the Feasibility Study and Conceptual Design for the downtown riverfront walkway project with the top ranked firm, Taylor Engineering of Jacksonville, FL in the amount of $39,963.49. Additionally, authorize the Mayor to execute the contract.


 Stan Johnston advised that the City of Titusville needed to look at the reports regarding the financial trouble of the City. 


Motion:

Member Nelson moved to approve Consent Agenda Items A through I, as recommended. Member Jordan seconded the motion. The roll call vote was:

 

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes
Member Stoeckel                    Yes

Member Jordan                       Yes

Member Nelson                      Yes

 

The motion carried unanimously.  


ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Ordinance No. 4-2020 – City Attorney Broome read ORDINANCE NO. 4-2020, AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING RULE 5 OF SECTION 2-26 OF THE CODE OF ORDINANCES “RULES OF THE CITY COUNCIL”, BY AMENDING THE PROCEDURES AND TIME LIMITS FOR PUBLIC COMMENT AT COUNCIL MEETINGS; ESTABLISHING RULES FOR THE CONSENT AGENDA AND FOR DECORUM; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, the second time by title only. 

 

City Manager Larese advised this was to conduct the second reading and the public hearing of Ordinance No. 4-2020 amending rule 4 of Section 2-26 of the Code of Ordinances “Rules of the City Council”, by amending procedures and time limits for public comment at Council meetings; establishing rules for the consent agenda and for decorum; providing for severability; and providing for effective date. City Manager Larese advised that this was the second hearing and also the final public hearing. 

 

Stan Johnston submitted a public speaking card. He stated that he disagreed with the approval of this ordinance.  

 

Motion:

Member Jordan moved to approve Ordinance No. 4-2020 as recommended. Vice-Mayor Diesel seconded the motion. The roll call vote was:

 

Vice-Mayor Diesel                  Yes
Member Stoeckel                    Yes

Member Jordan                       Yes

Member Nelson                      Yes

Mayor Johnson                       Yes 

 

The motion carried unanimously.


ORDINANCES-FIRST READING

 

Ordinance No. 5-2020 - Amending Section 31-122 – City Attorney Broome read AN   ORDINANCE  OF  THE   CITY  OF  TITUSVILLE, FLORIDA,  AMENDING   THE  CODE  OF   ORDINANCES CHAPTER 31 ARTICLE IX, “TITUSVILLE ENVIRONMENTAL/WATER  RESOURCES   COMMIS-SION”, BY AMENDING SECTION 31-122 “APPOINTMENT AND  TERMS   OF  OFFICE”  TO   STATE  THAT  AN ENVIRONMENTAL COMMISSION MEMBER MUST BE A RESIDENT OF THE CITY OF TITUSVILLE TO SERVE ON THE  PLANNING   AND  ZONING  COMMISSION; PROVIDING  FOR   SEVERABILITY;  INCORPORATION INTO THE CODE, AND PROVIDING FOR AN EFFECTIVE DATE, the first time by title only.

 

City Manager Larese advised that the second reading and final public hearing of Ordinance No. 5-2020 was scheduled for the regular City Council meeting on July 28, 2020 at 6:30 p.m.

 

Stan Johnston submitted a public speaking card. Mr. Johnston stated that he thought the wording from the original ordinance was very clear in the intent and did not see a reason to change it. 


Ordinance No. 6-2020 Relating to Wetland Survey Requirements – City Attorney Broome read, AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING  THE  CODE   OF  ORDINANCES  BY   AMENDING  THE REQUIREMENTS FOR A WETLANDS DETERMINATION THAT IS VALID   AT  THE  TIME   OF  SUBMITTAL  TO   THE  CITY, SPECIFICALLY  AMENDING   CHAPTER  29  “SPECIAL   DISTRICTS AND OVERLAYS”; SECTION 29-71 “INTENT” AND CHAPTER 34 “PROCEDURES”, SECTION 34-55 “MASTER PLAN SUBMITTAL”; PROVIDING  FOR   SEVERABILITY;  REPEAL  OF   CONFLICTING ORDINANCES;  FOR  AN   EFFECTIVE  DATE  AND   FOR INCORPORATION INTO THE CODE, the first time by title only.

 

City Manager Larese advised that the second reading and final public hearing was scheduled for the regular City Council meeting on July 28, 2020 at 6:30 p.m.

 

City Manager Larese stated that on July 8, 2020, the Planning and Zoning Commission considered this ordinance and recommended approval. A motion was made to retain the requirements for surveys and rezonings and conditional use permits. The vote was 5-1.

 

On July 15th, the Titusville Environmental Commission would consider the ordinance and make their recommendations. City Manager Larese advised that these results would be provided to City Council for the agenda packed on July 28, 2020.  

 

Stan Johnston discussed wetland locations that he had concerns with in the City of Titusville.


Ordinance No. 7-2020 Relating to Concept Plans – City Attorney Broome read AN ORDINANCE   OF  THE  CITY   OF  TITUSVILLE,  FLORIDA, AMENDING  THE   CODE  OF  ORDINANCES   TO  SET  FORTH   THE BINDING  NATURE  OF   A  CONCEPTUAL  PLAN   VOLUNTARILY SUBMITTED  DURING  CONSIDERATION   OF  A  FUTURE   LAND USE AMENDMENT, REZONING OR CONDITIONAL USE PERMIT, SPECIFICALLY AMENDING CHAPTER 34 “PROCEDURES”; SECTIONS   34-22 “REQUIRED INFORMATION/EXHIBITS”, 34-39 “SUBMITTALS” AND 34-74 “REQUIRED EXHIBITS”; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; FOR  AN  EFFECTIVE DATE AND INCORPORATION INTO THE CODE, the first time by title only.

 

City Manager Larese advised that the second reading and final public hearing was scheduled for the regular City Council meeting on July 28, 2020 at 6:30 p.m.

 

City Manager Larese stated that on July 8, 2020, the Planning and Zoning Commission considered this ordinance and recommended approval. The motion was to recommend approval as written and pass unanimously.

 

Stan Johnston submitted a public speaking card. Mr. Johnston stated that he thought listening to Peggy Busacca on this item was important due to her many years of experience.


OLD BUSINESS – None. 


NEW BUSINESS – None.


PETITION AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) – None. 


MAYOR AND COUNCIL REPORTS

 

Mayor's Report - Mayor Johnson’s written report was included in the agenda packet. 


Council Reports

 

Member Sarah Stoeckel wanted to add on to the discussion regarding Agenda Item 6D – COVID-19 (Face Coverings). Member Stoeckel requested Council to be mindful of the numbers and the rise in cases of COVID-19 and to also continue to be creative as to what they could do as leaders for the City of Titusville moving forward to try to slow down the rise in cases of COVID-19. 


City Manager's Report - City Manager Larese’s written report was included in the agenda packet.

 

All items were informational only. 


CITY ATTORNEY’S REPORT – City Attorney Broome advised that there was a national litigation with regard to prescription opioids. City Attorney Broome requested that Council authorize the Mayor to sign a consolidated claim form in a bankruptcy case filed by Purdue Pharma LP associated with the opioids litigation where the City would assert a claim based upon a municipality claim model representing damages suffered by the City from a result of opioids.  

 

Motion: 

Member Jordan moved to approve for the Mayor to sign a consolidated claim form in a bankruptcy case filed by Purdue Pharma LP associated with the opioids litigation as requested by the City Attorney. If the Mayor was unavailable, authorize the City Manager to sign. Member Nelson seconded the motion and the roll call vote was as follows: 

Member Stoeckel                    Yes
Member Jordan                       Yes
Member Nelson                      Yes
Mayor Johnson                       Yes
Vice-Mayor Diesel                  Yes


With no further business to discuss, the meeting adjourned at 10:23 p.m.

 

Walt Johnson, Mayor

 

ATTEST:


Wanda F. Wells, City Clerk