Regular City Council - June 9, 2020 6:30 PM

  1. Minutes

City Council

Regular Meeting

June 9, 2020

 

The City of Titusville City Council met in regular session on Tuesday, June 9, 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 regular 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.

 

Regular 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 at City Hall, the City website, 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.


Member Jordan requested to add an additional item to the agenda titled “Policing Review”, which would be heard after Petitions and Request from the Public. There were no objections from Council. 


City Manager Larese requested to hear Agenda item 12A – Housing Replacement Loan Assumption and Cancellation of Foreclosure Action 508 South DeLeon Avenue – as the next item of business on the agenda.

 

Motion:
 
Member Diesel moved to hear Agenda Item 12A – Housing Replacement Loan Assumption and Cancellation of Foreclosure Action 508 South DeLeon Avenue – as the next item of business. 

Member Nelson seconded the motion. The motion carried unanimously. 


APPROVAL OF MINUTES – None. 


Agenda Item 12A – Housing Replacement Loan Assumption and Cancellation of Foreclosure Action 508 South DeLeon Avenue


This item was approved to be heard next in the agenda. 


City Manager Larese read the report to council. City Manager Larese advised that Staff was seeking Council’s authorization to permit the loan assumption with Carla Sharp, provided she was determined to meet the conditions of the program. Additionally, staff was seeking Council’s determination that the $10,000.00 repayment of the loan was not required at this time as the transfer of ownership was not through a sale. The remainder of the 20-year lien term would continue with the assumption from the date of the initial default, if approved.  

 

Carla Sharpe submitted a speaking card. Ms. Sharpe took a brief moment to thank the staff that had been involved with the process of the assumption of her mother’s home. 

 

Stan Johnston submitted a speaking card. He thanked Terrie Franklin for all of her hard work and he supported the approval of the transfer to Ms. Sharpe. 

 

Motion: 

Member Jordan moved to approve the Loan Assumption between the City and the new owner and cancel foreclosure action against 508 South DeLeon Avenue between the City and the new owner, as recommended. Member Nelson seconded the motion. The motion carried unanimously. 


SPECIAL RECOGNITIONS & PRESENTATIONS

 

Letters of Appreciation – City Manager Larese read the names of employees that received letters of appreciation, as followed:

 Titusville Police Officer, Kim LaFrance


BOARDS AND COMMISSIONS


Planning and Zoning Commission – Acknowledge Regular Member Bryan Bobbitt’s membership on the Planning and Zoning Commission would be forfeited based on residency requirements. This acknowledgement was tabled at the regular City Council meeting on May 26, 2020 at 6:30 p.m. Mr. Bobbitt served in a dual capacity for the Planning and Zoning Commission and the Titusville Environmental Commission. In April of 2020, Mr. Bobbitt advised that he currently resides outside of the City of Titusville. Land Development regulations state that the Planning and Zoning Commission shall be composed of seven (7) regular members and two (2) alternate members with each shall be a resident of the City of Titusville and appointed by City Council. Based on Mr. Bobbitt living outside the City limits, he was not eligible to serve on the Planning and Zoning Commission and therefore his membership was forfeited. 

 

At the regular City Council meeting on May 26th, Council tabled the acknowledgement to allow Mr. Bobbitt the opportunity to attend the meeting. 

 

Mary Murray thanked Mr. Bobbitt for his service on the Planning and Zoning Commission and expressed her agreement with Mr. Bobbitt’s membership being forfeited on the Planning and Zoning Commission. 

 

Stan Johnston stated that he was opposed to Mr. Bobbitt continuing to serve on the Planning and Zoning Commission due to the residency requirements.

 

Bryan Bobbitt expressed his desire to continue serving on the Planning and Zoning Commission regardless of his residency, but would comply with Council’s request. 

 

In addition, Regular Member Bryan Bobbitt formally resigned from the Planning and Zoning Commission and would no longer serve. 

 

Motion:

Member Jordan moved to acknowledge Regular Member Bryan Bobbitt’s membership on the Planning and Zoning Commission would be forfeited based on residency requirements. Vice-Mayor Diesel seconded the motion.

 

Member Jordan                       Yes

Member Nelson                      No

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

 

The motion carried 4-1 with Member Nelson in objection. 

 

Motion: 

Member Nelson moved to approve for the City Attorney to prepare an ordinance to clarify the language written in the Code of Ordinances, Section 31-122(a) – Appointments and Terms of Office for Titusville Environmental Commission. Member Jordan seconded the motion. The intent was to make the language clearer that the member that also served as a member on the Planning and Zoning Commission must be a resident of the City. 

 

Stan Johnston disagreed with the request to have the City Attorney make the language clearer in the ordinance. Mr. Johnston felt that the ordinance was clear as it was currently written and changing it would not clarify anything. 

 

 

The roll call was:

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                  No

Member Stoeckel                    Yes

Member Jordan                       Yes

 

The motion carried 4 to 1 with Vice-Mayor Diesel in objection. 


PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM)


Stan Johnston expressed his gratitude to Vice-Mayor Diesel and the Titusville Police Department and Chief Lau that were present at the peaceful march on Sunday.  


Policing Review – Member Jordan requested this item be added to the agenda earlier in the meeting and Council agreed. Member Jordan read from a prepared statement and requested the Police Chief Lau reform their policies in an effort to allow citizens to be safe. Based on the discussion, Police Chief John Lau would provide a presentation at a future City Council meeting on this subject. 

 

Stan Johnston presented the “Mayor Pledge” to the City Council. Mayor Johnson advised that he would review the “Mayor Pledge” with staff. The “Mayor Pledge” included the following: (1) Review your police use of force policies; (2) Engage your communities by including a diverse range of input, experiences, and stories in your review; (2) Report the findings of your review to your community and seek feedback; and (4) Reform your community’s police use of force policies.


CONSENT AGENDA 


City Clerk Wanda Wells advised that there were speaking cards submitted for each Consent Agenda Items A through F. 

 

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

 

  1. Purchase of Asphalt Zipper- Approve the use of the HGAC Purchasing Program to purchase the budgeted vehicle replacements Z02026 and Z02027 to Asphalt Zipper of American Fork, Utah in the total amount of $180,700 for the purchase of the asphalt zipper in place of the scheduled roller (Z02026) and the associated trailer (Z02027). Additionally, approve the associated budget amendments transferring an additional $700 to the capital outlay project.

 

Stan Johnston submitted a public speaking card. Mr. Johnston advised that he did not have any problems with the approval of this item, but he was concerned about the honesty of the City of Titusville. 

 

 

  1. FY 20 CDBG Street Paving Improvements Contract Award – Approve the award of FY 20 CDBG Paving Improvements to MASCI General Contractor, Inc. from Port Orange, Florida in the amount of $176,568.65 for the construction of paving improvements at various locations within the South Street Target area, and authorize the Mayor to execute said contract.

 

Stan Johnston submitted a public speaking card. Mr. Johnston advised that he supported the approval of this item. 

 

  1. Change Order #1 to Annual Utility Locating Services Contract – Approve Change Order #1 in the amount of $35,000 to the annual contract with the USIC Locating Services, LLC of Indianapolis, Indiana for the utility locating services and authorize the City Manager to execute the change order.


Stan Johnston submitted a public speaking card. He expressed his concern to outsourcing the utilities and the additional expense it would cost the City.  

 

  1. Approve Work Order #1 – Cure-In-Place Pipe (CIPP) – Approve Work Order #1 in the amount of $590,030 to Hinterland Group, Inc. of Cocoa, Florida to furnish and install Cure-In-Place Pipe (CIPP) Liner for stormwater pipes in various areas of the City. Additionally, approve the associated budget amendment and authorize the Mayor to execute the work order.

 

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

 

  1. Work Order for Engineering Services for Unidirectional Flushing Plans - Approve the award of work order #AECOMWR012 to AECOM Technical Services, Inc. in the amount of $15,779.50 to provide engineering consulting services related to the development of partial unidirectional flushing program procedures for the water distribution system and authorize the City Manager to execute the work order.

 

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

 

  1. Award Contract for Replacement Pumps to the Osprey Water Reclamation Facility (WRF) – Approve the award of a contract for Bid No. 20-B-024 to Environmental Equipment Services, LLC of Lakeland, Florida in the amount of $58,664 for the purchase of two vertical turbine pumps for the Osprey WRF, and authorize the Mayor to execute the contract. 


Stan Johnston submitted a public speaking card. He stated that he was neither for nor against this agenda item.


Motion:

Member Nelson moved to approve Consent Agenda Items A through F, as recommended. Vice-Mayor Diesel 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. 

 

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

 

City Attorney Broome stated that out of an abundance of caution he would advise that Council table this to the regular City Council meeting on July 14, 2020 at 6:30 p.m. to give the public adequate time to review.

 

Motion:

Member Jordan moved to table the Ordinance to the regular meeting on July 14, 2020 at 6:30 p.m. Member Nelson 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 – None.


OLD BUSINESS – None.


NEW BUSINESS

 

Housing Replacement Loan Assumption and Cancellation of Foreclosure Action 508 South DeLeon Avenue – This item was heard previously in the meeting. 


Statutory Requirements for Public Notices and Qualification of Publications – On March 10, 2020, Council directed that staff research whether the City could utilize other publication other than Florida Today to advertise public notices in order to reduce cost for the City. 

 

Stan Johnston expressed that he was extremely against publications being publicized in any alternate newspapers other than the Florida Today.

 

Council discussed and there was a consensus reached to continue all advertisements in the Florida Today newspaper. 


City of Titusville Board and Commission Meetings – Council discuss the continuation of cancelling all board and commission meetings for the month of June 2020. 

 

Staff provided information on Board of Adjustments and Appeals applications, land use applications, quorums, etc. 

 

Don Schwartz submitted a public speaking card. Mr. Schwartz just wanted to express his concerns with the amount of time it is taking to get the boards up and running to be able to conduct City business. 

 

Stan Johnston expressed his approval for this agenda item and recommended that Council adopt the “Mayor Pledge”. 

 

Council agreed to allow board and commission meetings to begin as soon as reasonable, allowing staff enough time for advertising, etc.


 

Verona Subdivision (Phase 1) – Final Plat Approval – City Manager Larese highlighted the item as in the Council Agenda Packet. Staff requested the Approval of the Final Plat, Declaration of Covenants, Ownership and Maintenance Agreements, and Performance Bond upon final review of the City Attorney, and approve the acceptance of public infrastructure when completed for Verona (Phase 1). 

 

Motion: 

Member Jordan moved to approve the Final Plat, Declaration of Covenants, Ownership and Maintenance Agreements, and Performance Bond upon final review of the City Attorney, and approve the acceptance of public infrastructure when complete for Verona (Phase 1). Vice-Mayor Diesel seconded the motion. The roll call vote was: 

 

Member Stoeckel                    Yes

Member Jordan                       Yes

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                 Yes

 

The motion carried unanimously. 


CARES Act Interlocal Agreement Between Brevard County Board Commissioners and City of Titusville – This agreement provided for the reporting and procedural guidance required to allow City’s to receive reimbursement on the CARES Act Funding and to cover City-wide COVID-19 related expenses. Staff requested the approval of the CARES Act Interlocal Agreement between the Brevard County Commissioners and the City of Titusville and authorize Mayor and City Manager to execute the agreement. 

 

Motion: 

Member Nelson moved to approve the CARES Act Interlocal agreement and to authorize the Mayor and City Manager to execute the agreement. Member Jordan seconded the motion. The roll call was: 

 

Member Jordan                       Yes

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                 Yes

Member Stoeckel                    Yes 

 

The motion carried unanimously. 


North Brevard Economic Development Zone (NBEDZ) Proposed FY 21 Budget – City Contribution – 

Staff was requesting Council review and approve the FY 21 North Brevard Economic Development Zone Proposed Operating Budget – City Contribution. 

 

Troy Post, the Executive Director for the North Brevard Economic Development Zone was present and discussed the budget proposed to Council and answered questions that Council had. 

 

Stan Johnston submitted a public speaking card. He chose not to speak.   

 

Motion: 

Member Jordan moved to approve the North Brevard Economic Development Zone Proposed FY 21 Budget – City Contributions. Member Nelson seconded the motion. The roll call was: 

 

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

 

The motion carried unanimously.  


MAYOR AND COUNCIL REPORTS

 

Mayor's Report - Mayor Johnson submitted his written report. 


Council Reports – Vice-Mayor Diesel commented on the parade that took place on Sunday. He thanked Chief Lau for his participation in the parade as well as The Grove Church.


City Manager's Report - City Manager Larese submitted his written report.


In addition to the City Managers report, there is an addition that he requested to add. City Manager advised that House Bill 1339 required that one elected official serve on the Affordable Housing Advisory Committee and attend two annual workshops a year. The Affordable Housing Advisory Committee was established as required by the Florida Housing Finance Corporation for the State Housing Initiative Partnership (SHIP). City Manager Larese requested Council to appoint a member of Council to this committee. 

 

Motion: 

Member Jordan moved to approve for Member Nelson to serve as the elected official to the Affordable Housing Advisory Committee. Vice-Mayor Diesel seconded the motion. The motion carried unanimously.


July 4th Celebrations – Central Florida - City Manager Larese asked for discussion from Council on whether or not they would like to continue with or cancel the Red, White, and Boom 4th of July Fireworks for 2020. 

 

A consensus was reached and Council made the decision to cancel the Red, White, and Boom 4th of July Fireworks for 2020. 


Remaining items were informational only.


CITY ATTORNEY’S REPORT – None. 


With no further business to discuss, the meeting adjourned at 9:30 p.m.

 

 

Walt Johnson, Mayor

 

ATTEST:

Wanda F. Wells, City Clerk