Regular City Council - July 28, 2020 (6:30 PM)

  1. Minutes

City Council

Regular Meeting

July 28, 2020

 

The City of Titusville City Council met in regular session on Tuesday, July 28, 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, City Council Member Robert Jordan, City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells.

 

Vice-Mayor Dan Diesel and Regular City Council Members JoLynn Nelson and Sarah Stoeckel participated via communications media technology (telephone), as allowed by Florida Statutes and State emergency orders during the COVID-19 pandemic. Assistant City Clerk Jolynn Donhoff completed the minutes. 

 

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City Attorney Broome reviewed the procedures for public comment and participation for City Council meetings during the COVID-19 pandemic, based on Florida Statutes, City of Titusville Resolution No. 16-2020, and State emergency orders. 

 

City Clerk Wanda Wells read the updated procedure for public comment and participation, as recently amended via Council’s adoption of Ordinance No. 4-2020 on July 14, 2020. 

 

Mayor Johnson requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag.

 

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APPROVAL OF MINUTES

 

Motion:

Member Nelson moved to approve the minutes of the special City Council meeting July 2, 2020, as submitted. Member Jordan seconded the motion and it carried unanimously. 

 

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Motion:

Member Jordan moved to add two items to the agenda, being new item Nos. 6 C – Congressman John Lewis Tribute and Proclamation and 6 D – COVID-19 Status. Member Nelson seconded the motion and it carried unanimously. 

 

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City Manager Larese advised that he and staff desired tabling Council agenda item Nos. 9C and 12A to the regular City Council meeting on August 25, 2020 at 6:30 p.m. 

 

Motion:

Member Jordan moved to table Council agenda items 9 C - Ordinance No. 6-2020 Relating to Wetland Survey Requirements and 12 A - Resolution No. 25-2020 Amending the Development Review Procedures Manual to the regular City Council meeting on August 25, 2020 at 6:30 p.m. Member Nelson seconded the motion and it carried unanimously. 

 

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SPECIAL RECOGNITIONS & PRESENTATIONS

 

Letters of Appreciation – City Manager Larese read the names of the following employees that recently received letters of appreciation, as provided in the Council agenda packet. No action was requested. 

 

COMMUNITY DEVELOPMENT – Building Department

Steve Adams

Building Official

Kristen Asbury

Administrative Assistant

David Benninghoff

Building Inspector

Darsi Floss

Development Specialist

Joseph Gibbons

Development Services Inspector

Tish Hood

Development Specialist

Abell Martin

Building Inspector

Samantha Osorio

Senior Development Specialist

Gary Stepalavich

Building Inspector

Rosemarie Koenig

Housing Program Manager

Terrie Franklin

Neighborhood Services Director

 

 

FIRE DEPARTMENT

Douglas Chamberlain, Jr.

Firefighter/Lieutenant/Paramedic

Thomas Duncan

Firefighter/Paramedic

Andrew Johnson

Driver/Operator/Paramedic

Adam Vaknin

Firefighter/Lieutenant/Paramedic

Timothy Bowman

Driver/Operator/Paramedic

William Wiegert

Driver/Operator/Paramedic

Daniel Ellis

Driver/Operator/Paramedic

Loye Cody

Driver/Operator/Paramedic

Emilio Ramos

Firefighter/EMT

Dana Hersey

Firefighter/EMT

Tyler Walker

Firefighter/EMT

Stephen Hartselle

Firefighter/Paramedic

Joshua Farner

Firefighter

Jermaine McKoy

Firefighter/Paramedic

Kyle George

Firefighter/EMT

Vincent Marino

Firefighter/EMT

 

 

POLICE DEPARTMENT

Jason Hanson

Corporal

Mark Jennings

Corporal

Matthew Rasmussen

Police Officer

 

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BOARDS AND COMMISSIONS

 

Board of Adjustments and Appeals – The request was to appoint two regular members and one alternate member to the Board of Adjustments and Appeals for terms that would expire on July 31, 2022. The terms of Regular Members Kristen Smith-Rodriguez and Thomas Taylor were due to expire on July 31, 2020. The term of Alternate Member David Mandernack was also due to expire on July 31, 2020. All three individuals had expressed their desire to continue serving on the board in their current designated capacities. It was also noted that Alternate Member Margaret Van Deven did not wish to be considered as a regular member at this time. There were no other applications on file for consideration. 

 

Stan Johnston submitted a public speaking card. He expressed concern on having the ability to speak on new agenda items or ones added to the agenda at the meeting. City Attorney Broome advised that Council could add items to the agenda by a majority vote and the public would have the opportunity to speak on the added agenda items, prior to Council taking action (if action was requested). To this, Stan Johnston advised that he supported reappointing the current incumbents that desired being reappointed to the Board of Adjustments and Appeals. 

 

Motion:

Member Nelson moved to reappoint Kristen Smith-Rodriguez (Public at Large) and Thomas Taylor (Associated with the Building Trades Industry) as regular members to the Board of Adjustments and Appeals for terms to expire on July 31, 2022. The motion also included reappointing David Mandernack as an alternate member to the Board of Adjustments and Appeals for a term to expire on July 31, 2022. Vice-Mayor Diesel seconded the motion and the roll call vote was: 

 

Member Jordan                       Yes

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

 

The motion carried unanimously. 

 

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Titusville Environmental Commission - The Titusville Environmental Commission Semi-Annual Written Report was included in the Council agenda packet. No action was required.

 

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(6 C – ITEM ADDED TO AGENDA, AS AUTHORIZED BY COUNCIL)

 

Tribute and Proclamation – Congressman John Lewis - Member Jordan gave tribute to Congressman John Lewis, who passed away on July 17, 2020.  Council Member Jordan requested Council authorize the Mayor to prepare a proclamation for Congressman John Lewis.  

 

Stan Johnston submitted a public speaking card. He expressed concern on sending information to Council on social concerns, which per Mr. Johnston, did not received a reply. He also requested renaming the bridge. 

 

Mayor Johnson would prepare a proclamation, as requested by Member Jordan.


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(6 D  - ITEM ADDED TO AGENDA, AS AUTHORIZED BY COUNCIL)

 

COVID-19 Update - Member Jordan provided an update on the status of the local hospital or Parrish Medical Center during the COVID-19 pandemic. No action was requested.

 

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

 

Kim Fisher distributed information (zoning map) to Council. She expressed concern that the City’s current Land Development Regulations (LDRs) did not allow townhomes as a permitted use in the Multi-Family High Density Residential (R-3) zoning district.

 

In response to Member Nelson’s request, Community Development Director Peggy Busacca reviewed the history of the LDRs and how the City may have considered townhomes at one time, being similar to patio homes.  

 

Council provided consensus for an advisability to allow staff to review Ms. Fisher’s concern.

 

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Toni Shifalo read from a prepared statement that reviewed her concerns and efforts to investigate an issue with a public communication tower at 917 Tropic Street, which she advised was emitting intermittent and annoying noises.  

 

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Mary Murray distributed information on Racial Equity and requested the Council consider a racial equity statement for the City and placing the statement on all of its documents. 

 

Mayor Johnson requested staff review her request.          

 

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Stan Johnston expressed concern that the Council was not taking his concerns to heart on the need to maintain drainage ditches outside the City by Interstate 95 and flowing out to the St. Johns River, which may affect future flooding in the City. He advised this was part of a City stormwater master plan and collaboration with the County was important to address this concern. He also expressed concern on a report and a floodplain in the Baker’s Subdivision that cost residents money. 

 

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CONSENT AGENDA

 

City Manager Larese read Consent Agenda Items A, B, C, D, E, F, G, and H, as followed:

 

  1. Advisability for Right-of-Way Application No. 01-2020 - Logan Drive - Adopt Resolution No. 22-2020 declaring that the City Council will hold a public hearing to consider the vacating, abandoning, and discontinuing of certain public right-of-way (Logan Drive) on September 8, 2020 at 6:30 p.m. in the Council Chamber located at 555 South Washington Avenue.
  1. Student Advisory Council Project Account GFCC01 - Approve the budget amendment in the Council agenda packet on behalf of Project  Account No. GFCC01, that provides transferring $388 from fund balance account No. 001-5555-511.11-02-GFCC01 to City Clerk Department Operating Supplies Account No. 001-0501-552.52-01-GFCC01. 

 

  1. Amendment to Annual Contract to Purchase Quick Lime - Approve a contract amendment for additional funds in the amount of $85,000 to the Brevard County Entity Purchasing Cooperative Bid (B-18-08-COC) to Carmeuse Lime for the purchase of Quick Lime and authorize the City Manager to approve change order to increase issued purchase orders to acquire the material on an as needed basis. 

 

  1. Roof Repairs of City Facilities - Approve use of Brevard County Roofing Contracting Services P2-14-13 in the amount of $51,820 for various roof repairs/replacements to Tech Systems, Inc. of Melbourne, Fl. Additionally, approve associated budget amendment. 

 

  1. Firehouse Subs Public Safety Foundation Grant Award Acceptance Request - Approve the award from Firehouse Subs Public Safety Foundation for (1) Aeroclave Room Decontamination System & accessories in the amount of $16,078 and to authorize the Mayor to accept the grant and to authorize the City Manager to issue and execute any instruments necessary for the receipt of the grant and purchase of identified equipment if required.

 

  1. Advisability - Public Communications Towers - Approve advisability for staff to review and recommend changes to the Land Development Regulations to address communication towers necessary for City operations.

 

  1. Purchase of a 1.5 Ton Utility Service Truck with Crane - Approve the award of a contract in the amount of $95,047 for the purchase of a F-550 Utility Service Truck with Crane from Duval Ford of Jacksonville, Florida per the Florida Sheriff's Association Contract No. FSA-19-VEL27.0 chassis / FSA-19-VEH17.0, Item #38, approve a budget amendment in the amount of $11,000 to provide the necessary funding, and authorize the City Manager to issue the purchase order necessary for this acquisition.

 

  1. Coronavirus Relief Funds (CRF) Agreement with State of Florida - Accept CRF grant in the amount of $141,136 from the State, approve agreement with the Florida Housing Finance Corporation and authorize the agreement to be executed.

 

City Attorney Broome reviewed the updated procedure for public comment and participation, specifically on Consent Agenda Items, as recently amended via Council’s adoption of Ordinance No. 4-2020 on July 14, 2020. 

 

Stan Johnston submitted a public speaking card on Consent Agenda Items A, B, C, D, E, F, G, and H. He was provided 10 minutes to address the Council on these agenda items. 

 

Consent Agenda Item A - Mr. Johnston expressed concern on power lines in the right-of-way at the subject site. He could not read the survey and asked for one that was clearer. 

 

Consent Agenda Item B - Mr. Johnston expressed concern on his interpretation of an approximate $65 million unfunded liability related to other post-employment benefits (OPEB).

 

Consent Agenda Item C - Mr. Johnston expressed concern on emails he felt the City was ignoring related to money. 

 

Consent Agenda Item D - Mr. Johnston expressed concern on the proposed roof repairs, including he did not feel enough information was provided on the type of new roofing that was proposed and the economic life of the proposed improvements. 

 

Consent Agenda Item E - Mr. Johnston expressed concern on hidden operation and maintenance costs. 

 

Consent Agenda Item F - Mr. Johnston requested being more specific and identifying the issues on the public communication tower proposal. 

 

Consent Agenda Item G – Mr. Johnston expressed concern on funding. 

 

Consent Agenda Item H - Mr. Johnston felt neutral about the request and asked whether homeless individuals were provided for in the proposal.

 

Mr. Johnston had additional time to speak and discussed personal concerns on funding and issues he felt the City was ignoring or not discussing related to unfunded liability costs, drainage ditches, stormwater management, flood zones, stormwater calculations, etc. 

 

Mayor Johnson advised that Mr. Johnston’s comments about unfunded liability costs for other post-employment benefits (OPEB) were based on the last recession or from several years ago. Mayor Johnson advised the City took action years ago to address prior concerns on future OPEB liability costs (the concern at the time was being unfunded).

 

Concerning a stormwater consulting type contract or report that Stan Johnston referred to in his public comments, Mayor Johnson explained his own references to such a document and what he meant by his references to it at a prior City Council meeting(s). Mayor Johnson also advised that the City had provided the stormwater consulting document or report to Stan Johnston several times, but to this, Mayor Johnson felt that Mr. Johnston wanted a report that would address his personal concerns on stormwater, flooding, drainage management, etc.  

 

Motion:

Member Jordan moved to approve Consent Agenda Items A, B, C, D, E, F, G, and H, in accordance with recommendations. Member Nelson seconded the motion and the roll call vote was:

 

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

 

The motion carried unanimously. 

 

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Ordinance No. 5-2020 - Clarifying Residency Requirement of TEC Members Serving on P&Z  -  City Attorney Broome read Ordinance No. 5-2020 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES CHAPTER 31 ARTICLE IX, “TITUSVILLE ENVIRONMENTAL/WATER RESOURCES COMMISSION”, 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, for the second time by title only. 

 

City Manager Larese highlighted the request as provided in the Council agenda packet. 

 

Mayor Johnson opened the public hearing.

 

Stan Johnston felt the proposed ordinance was redundant and the current Code language was clear. 

 

As there was no one else that wished to speak, Mayor Johnson closed the public hearing. 

 

Motion:

Member Nelson moved to approve Ordinance No. 5-2020, as recommended. Member Jordan seconded the motion and 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. 

 

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Ordinance No. 7-2020 Relating to Concept Plans - City Attorney Broome read Ordinance No. 7-2020 - 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 FOR INCORPORATION INTO THE CODE, for the second time by title only. 

 

City Manager Larese highlighted the request as provided in the Council agenda packet. He also advised that on July 8, 2020 meeting, the Planning and Zoning Commission, unanimously, recommended approval. 

 

Mayor Johnson opened the public hearing.

 

Stan Johnston asked whether the Planning Department staff currently supported the ordinance as written. 

 

As there was no one else that wished to speak, the public hearing was closed.

 

Member Nelson expressed why she was in favor of the proposed ordinance.  

 

 

Motion:

Member Jordan moved to approve Ordinance No. 7-2020, as recommended. Vice-Mayor Diesel seconded the motion and 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. 

 

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Ordinance No. 6-2020 Relating to Wetland Survey Requirements – Ordinance No. 6-2020 was tabled (earlier in the meeting) to the regular City Council meeting on August 25, 2020 at 6:30 p.m. 

 

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City Attorney Broome read the quasi-judicial rules of procedures that applied to the remainder of the public hearing agenda items. 

 

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Conditional Use Permit Application No. 1-2020 – Brevard County Central Fleet Service Fuel Tanks Upgrade, 2675 Flake Road - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to approve Conditional Use Permit Application No. 1-2020 for storage or use of a regulated substance in a quantity greater than five (5) gallons in the Area of Critical Concern to allow the replacement of two (2) underground storage tanks with one (1) aboveground storage tank. 

 

On July 15, 2020, the Titusville Environmental Commission unanimously recommended approval. On July 22, 2020, the Planning and Zoning Commission unanimously recommended approval.

 

Community Development Director Busacca briefly reviewed the staff report and staff’s recommendation for approval. 

 

Mayor Johnson opened the public hearing.

 

Christine Valliere, the applicant’s representative and Brevard County Assistant Attorney, reviewed the other board recommendations thus far and details related to the purpose of the project. She also distributed a map or information and other project details to the Council, which she described. 

 

Member Jordan received clarification where the old underground tanks were located. Mayor Johnson advised why he supported the proposed request. 

 

Stan Johnston commented on a prior gasoline spill in the City and there was a large cost to clean-up the spill. To this, he felt the County should be responsible for any such clean-up costs. He also felt the engineering documents were incomplete. Mr. Johnston also commented on 1985 or 1986 and the area of Critical Concern, whether permits were previously sought or administered for the old equipment and his concern for being close to drinking wells. For these reasons, he felt it was worthwhile to test or determine if there were any current environmental issues at the site. 

 

Christine Valliere, the applicant’s representative, offered rebuttal to the citizen’s concerns. She reiterated the application contained an emergency contingency plan prepared by credentialed County staff that were familiar with the State Department of Environmental Protection rules; the applicant coordinated with Titusville Fire Department on their fire response capabilities; the County’s participation; the Canaveral Port Authority also being able to respond to a catastrophic event; the County would have trained staff ready to respond to a situation; and the City would be given access to inspect the equipment that was to be installed at the site, etc. 

 

As there was no one else that wished to speak, Mayor Johnson closed the public hearing. 

 

Motion:

Member Nelson moved to approve Conditional Use Permit Application No. 1-2020, as recommended. Member Jordan seconded the motion and 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. 

 

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Request to Vacate Public Utility and Drainage Easement (Easement Vacation Application No. 1-2020) – 5778 Cheshire Drive - City Manager Larese highlighted the request as provided in the Council agenda packet. Staff had no objections to the request to vacate a portion of the Public Utility and Drainage Easement (P.U.D.E.) on property located at 5778 Cheshire Drive and requested approval of associated Resolution No. 23-2020. It was further noted that on July 22, 2020, the Planning and Zoning Commission unanimously recommended approval.

 

Community Development Director Busacca was available to answer questions. 

 

Mayor Johnson opened the public hearing. As there was no one that wished to speak, Mayor Johnson closed the public hearing. 

 

Motion:

Member Jordan moved to approve the request in Easement Vacation Application No. 1-2020 and vacate a portion of the Public Utility and Drainage Easement (P.U.D.E.) on property located at 5778 Cheshire Drive and approve associated Resolution No. 23-2020, as recommended. Vice-Mayor Diesel seconded the motion and the roll call vote was:

 

Member Jordan                       Yes

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

 

The motion carried unanimously. 

 

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Request to Vacate Public Utility and Drainage Easement (Easement Vacation  Application No. 2-2020) – 2545 Christopher Drive - City Manager Larese highlighted the request as provided in the Council agenda packet. Staff had no objection to the request to vacate a five (5) foot portion of the twenty-five (25) foot Public Utility and Drainage Easement (P.U.D.E.) on property located at 2545 Christopher Drive and approve associated Resolution No. 24-2020. It was further noted that on July 22, 2020, the Planning and Zoning Commission unanimously recommended approval.

 

Community Development Director Busacca was available to answer questions. 

 

Mayor Johnson opened the public hearing. As there was no one that wished to speak, Mayor Johnson closed the public hearing. 

 

Motion:

Member Jordan moved to approve the request in Easement Vacation Application No. 2-2020 and the request to vacate a five (5) foot portion of the twenty-five (25) foot Public Utility and Drainage Easement (P.U.D.E.) on property located at 2545 Christopher Drive and approve associated Resolution No. 24-2020, as recommended. Member Nelson seconded the motion and the roll call vote was:

 

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

 

The motion carried unanimously. 

 

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ORDINANCES-FIRST READING – None.

 

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OLD BUSINESS – None. 

 

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NEW BUSINESS

 

Resolution No. 25-2020 Amending the Development Review Procedures Manual – Resolution No. 25-2020 was tabled by Council (earlier in the meeting) to the regular City Council meeting on August 25, 2020 at 6:30 p.m.

 

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Proposed Tentative Operating Millage of $7.9360 mils and Proposed Tentative Voted Debt Service Millage at $0.3147 mils - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to set the tentative Operating Millage rate for the FY 2021 budget at $7.9360 mils, which was 10.00% above the rolled back millage rate of $7.2145 mils. The request also included setting the Voted Debt Service millage rate (Riverfront Acquisition Referendum) at $0.3147 mils. The maximum levy authorized by the Series 2005 General Obligation Bonds was $0.5930 mils.

 

Stan Johnston submitted a public speaking card. He advised that his concerns on other post-employment benefits (OPEB) began in 2020, which he explained. He was concerned about the City’s overall financial stability and unfunded future liability costs. 

 

Motion:

Member Nelson moved to set the tentative Operating Millage rate for the FY 2021 budget at $7.9360 mils, as recommended, which was 10.00% above the rolled back millage rate of $7.2145 mils. The request also included setting the Voted Debt Service millage rate (Riverfront Acquisition Referendum) at $0.3147 mils, as recommended.  Member Jordan seconded the motion and 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. 

 

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Request by Titusville Environmental Commission to Televise Meetings - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to provide direction to staff on televising Titusville Environmental Commission (TEC) meetings. 

 

Council discussion ensued on the request to televise TEC meetings would incur additional staffing costs, creating audio recordings was presently possible by non-media staff, having the desire versus having an available budget to televise all public meetings, some public desired viewing televised meetings, utilizing the City’s website and adding a link for the public to listen to the audio of TEC meetings, the process for citizens to request a copy of the audio recording of TEC meetings, keeping these matters in mind during future year budgets, etc.

 

Toni Shifalo submitted a public speaking card. She read from a prepared statement that discussed the City launching a new website in August 2020, YouTube subscribers, and her request to televise all City board and commission meetings, especially during the COVID-19 pandemic. 

 

Council provided a consensus and agreed to not televise the Titusville Environmental Commission (TEC) meetings at this time, based on the Council’s discussion.  

 

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Advisability - Expansion of Private School Classroom Capacity - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to approve advisability for staff to develop ordinance to address the need for additional temporary classroom capacity of private schools during the COVID-19 emergency.

 

Community Development Director Busacca explained that the City did not have the authority to waive certain requirements like the Florida Building Code, Fire Codes, etc., but it did have the ability to make the site approval process quicker, so that schools that desired having additional classroom space for social distancing during the COVID-19 pandemic could relocate the buildings onto impervious surfaces. 

 

Mayor Johnson added that the public emailed the Council on the subject matter and on other agenda items. These comments were distributed to the Council. 

 

Member Jordan indicated the need to have bathrooms, etc. He supported assisting the educational system during the pandemic. Member Nelson and Vice-Mayor Diesel agreed. 

 

Pastor Tom Porter submitted a public speaking card. His school needed two portable buildings. Parking was not an issue, but the school would need to meet Fire Codes.  

 

Community Development Director Busacca reviewed her communications with Brevard Public Schools. She and City Manager Larese also discussed how the City proposed to assist private schools with their request either through the adoption of an emergency ordinance and possibly scheduling a special City Council meeting or the conventional public hearing process. Additionally, City Attorney Broome reviewed the circumstances under which an emergency ordinance was not an option. He and City Manager Larese also reviewed that a super-majority vote by the Council was required if an emergency ordinance was proposed and if so, returning to Council as quickly and legally possible for the Council’s consideration.  

 

Council provided a consensus and approved advisability for staff to develop an ordinance to address the need for additional temporary classroom capacity of private schools during the COVID-19 emergency pandemic. Council also provided a consensus for staff to prepare an emergency ordinance or schedule a special meeting if needed.

 

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Brooks Landing Subdivision - Sketch Plat - City Manager Larese highlighted the request as provided in the Council agenda packet. The request was to approve the Sketch Plat for Brooks Landing Subdivision. On July 22, 2020, the Planning and Zoning Commission (P&Z) recommended approval with the following conditions: (1) Require clarification of the stormwater plan to determine the amount of drainage into Indian River Lagoon with the requirement to lessen or prevent drainage into the Indian River Lagoon or a clarification that there is no impact to the Indian River Lagoon with the current stormwater management proposal; (2) Require more open space (minimum 20 feet of a clear pathway around each pond) surrounding the ponds for recreation including items such as a walking trail with native vegetation planted with both trees and shrubbery (the Code-required 10 % natural planting/preserved area could be located within the minimum 20-foot clear pathway around each pond and the same could be counted toward the native plantings); and (3) Require the developer to provide proof of the required protection of protected animal species to the furthest extent possible abiding by state regulations.  The P&Z’s motion passed 4-2.

 

Community Development Director Busacca provided additional and detailed information to the Council. To this, a lengthy discussion ensued. 

 

Council discussed various questions related to the project, various development requirements, the current direction that had been provided to staff, environmental report(s), eventual discharge of treated water or positive outflow into the Indian River Lagoon (IRL), prior and formal approvals of items for the project, uses of particular areas on the site, public comments on the agenda item, the most restrictive agency requirements applied to projects (were superimposed), etc.

 

Member Nelson commented on an overlay. She desired the developer preserving some trees in the overlay that exceeded 20 inches in diameter versus using the tree mitigation policy option. Second, she asked that the trail be increased in size and width to eight (8) or 12 feet. Third, she was concerned about plans for stormwater, environmental reports, a gopher tortoise study, and completing and viewing these items prior to sketch plat approval. 

 

Next, it was noted that some citizens had emailed comments on the agenda item prior to the meeting. Member Stoeckel reviewed the citizens’ emails. Per Member Stoeckel’s request, staff briefly discussed concepts of low impact development design practices. Wetlands, swales, and rain barrels were some of these concepts; however, an individual that was specialized or knowledgeable on low impact design (LID) would be necessary to report back and provide more information.  

 

Per Vice-Mayor Diesel’s request, staff discussed treated water discharge from the site reaching the IRL (lagoon). To this, staff reviewed information on water discharge, volume, peak rates, chemical quality or natural compound or element analysis, stormwater retention, and protecting the IRL. More information would need to be provided by the St. Johns River Water Management district on water discharge monitoring, how it was determined whether stormwater ponds or discharge functioned properly to mitigate pollutant loading or discharge in stormwater runoff. Staff could report back with additional information on these subjects if Council postponed their decision on the sketch plat. 

 

Member Nelson was concerned on a report from the Marine Resources Council that the water quality of the Indian River Lagoon (IRL) was going down or not improving. To this, staff discussed a difference between State standards and water quality and the classification of bodies of water, including the IRL to the east and the St. Johns River to the west. These concepts were related to whether stormwater ponds were considered properly engineered. 

 

Discussion ensued on whether the numbers that gauged the health of the IRL changed and being unsure who was the ultimate source of optimal water quality for the IRL; the quality of the State standards; the Florida Department of Environmental Protection (DEP) was going to review and update the State standards in the future due to possible disparities or inconsistencies; developers adapted to these matters by relying on the Codes in place at time of their development  application were submitted; the evolving standards of water, etc. 

 

Attorney Kim Rezanka, the applicant’s representative, submitted a public speaking card. She requested the Council approve the sketch plat presented to Council without conditions. She reviewed that in June 2019, she appeared before the Council and there were approximately 15 individuals that spoke against the project. One of the individuals was from the Marine Resources Council. She added that the science used by the Marine Council compared with the State were different from each other. 

 

Ms. Rezanka added that the subject site was an old orange grove and that engineers indicated to her that her client’s proposed development with stormwater retention was better for the environment than leaving the old orange grove like it was now. 

 

Next, Ms. Rezanka addressed the proposed conditions of approval, which she felt were more appropriate for the Planned Development (PD) zoning in Ordinance No. 24-2019 and there were many conditions of approval for this 2019 ordinance. Several prior meetings were also necessary prior to Council’s adoption of this ordinance and the developer changed the project plans several times over four to five months.

 

Additionally, Ms. Rezanka advised that the sketch plat was not as detailed as a site plan and engineering was used over the past year to arrive at the current proposed sketch plat based on what was approved in 2019. The proposed sketch plat also provided a certain percentage of open space and this was exceeded; however, there were no requirements made by the Council in 2019 on how big or wide the project’s walkways needed to be, nor was this a requirement in the Code. Some items like these were considered amenities that the developer had flexibility to design. Other items not so. A binding site plan from June 2012 was also mentioned as the source of what assisted the developer to arrive at the proposed sketch plat.  

 

Regarding stormwater, Ms. Rezanka reviewed information that the developer was following. The developer would also need to seek various permits for the project moving forward and standards and criteria would be scrutinized before the permits could be issued. Substantial engineering calculations would also be required by all involved government agencies for their review and approval to ensure they were proper. 

 

On the proposed conditions, Ms. Rezanka felt that condition Nos. 1 and 3 were not required, because they were already a requirement in development Code or procedures. On the matter of trees, she suggested holding this aside until the site plan process. On condition No. 2, there was no prior indication the developer would have to complete more than five feet and the developer could not accept this condition. Ms. Rezanka further reviewed more information to try and address the Council’s comments during the discussion thus far. 

 

Discussion ensued on glossary terms or terminology for various plans and plats used both in the past and present, as described by City Attorney Broome. City Attorney Broome next reviewed the purpose for the action that was being requested from the Council at this meeting. 

 

Further discussion ensued on site elements or requirements such as open space, the Planning and Zoning Commission’s (P&Z’s) recommendations, terminology in Code that provided allowances for developers to plan their projects with flexibility (such as may, shall, etc.), documentation and proof to meet requirements and avoidance of being redundant with added conditions, not imposing arbitrary conditions that potentially caused a hardship to developers, tree surveys and a quick analysis of the trees at the subject site and the Code requirements on trees, not being sure which trees were viable, developers working with City staff when preserving trees and soft concepts or adjustments that came into play when this process occurred, staff’s estimate on possible trees that might be preserved, etc.

 

Staff also reviewed meeting minutes of other board meetings that discussed trees, native vegetation as discussed, the P&Z and the developer, a prior freeze in 1981 that affected trees at the site, how staff evaluated which trees could be preserved on a project site with the developer’s plans, etc. 

 

Staff further discussed how tree preservation and removal was evaluated during the development stages and required approvals. How trees were identified for removal was whether they were located in the buildable area of a lot. Once lots were shown and approved on plans, trees within the buildable areas could be removed. 

 

Council discussion ensued on treating developers fairly and by the rules and possibly postponing a decision at this meeting, so that additional information and expertise could be provided to assist the Council to be comfortable making a decision on the project’s sketch plat. 

 

Toni Shifalo submitted a public speaking card. She spoke as a member of the Titusville Tree Team and read from a prepared statement that requested Council to endorse the P&Z’s recommendations, which she explained her interpretation of the rationale for each recommendation.   

 

 

 

 

Motion:

Member Jordan moved to give Ms. Shifalo one additional minute to speak. Member Stoeckel seconded the motion and 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. 

 

Ms. Shifalo continued and asked Council to take any ecological steps to improve or protect the environment. 

 

City Attorney Broome confirmed that Ms. Rezanka received copies of all of the emails (with comments) submitted by citizens on this agenda item. 

 

Ms. Rezanka felt her client was not clear as to what the City required or needed to complete at this stage of the project, as well as not knowing whether there was a pending tree protection ordinance that may be affecting Council’s hesitation to make a decision on the requested action. Ms. Rezanka also offered to organize whatever the Council may need if they chose to table (postpone) the request. She added the City’s current tree ordinance and guidance was not clear enough. 

 

To clarify what staff was hearing from the Council, Community Development Director Busacca reviewed the following items that she interpreted the City Council was concerned with:

 

  1. What trees were being saved and which ones were being mitigated?
  2. More information was needed on stormwater, specifically on water quality and discharge being monitored. 
  3. More information was needed on Low Impact Development (LID) best management practices.
  4. Condition of the trees on the project site.

 

Mayor Johnson requested clarification on the amount of gallons of water being purified by the project. Member Jordan interpreted one issue was the amount of stormwater being percolated from the project’s stormwater ponds that would make its way to the Indian River Lagoon (IRL). On trees, he felt requirements should be based on regulations. On walkways, it was uncertain where the P&Z’s recommendations came from. 

 

On animals, there was a document that prescribed mitigation or an environmental survey, including a gopher tortoise survey. Staff asked for clarification how staff was to implement or address Council on these matters, when Florida Statutes governed them or some part of the concerns, which Community Development Director Busacca reviewed one part of the pertaining State statute in verbatim. She added the State statute required inserting a disclaimer on particular City permits, which per staff, they did. 

 

Member Nelson clarified that she desired the applicant show the Council the items on the environmental or gopher tortoise study. To this, staff reviewed development procedures and permit procedures.  

 

City Attorney reviewed Florida Statutes, Chapter 166.033. - Development permits and orders, and Subsections 166.033(5) and 166.033(6), as followed.  

 

166.033 (5) For any development permit application filed with the municipality after July 1, 2012, a municipality may not require as a condition of processing or issuing a development permit or development order that an applicant obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action that denies the federal or state permit before the municipal action on the local development permit.

 

166.033 (6) Issuance of a development permit or development order by a municipality does not create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. A municipality shall attach such a disclaimer to the issuance of development permits and shall include a permit condition that all other applicable state or federal permits be obtained before commencement of the development.

 

City Attorney Broome reviewed the meaning of these State statutes and that a developer could not begin construction on the project, until the developer or applicant received all other applicable permits. Mayor Johnson echoed this and referred to his knowledge of scrub jay and gopher tortoise studies and mitigation requirements, prior to receiving permissions to begin construction. 

 

Member Nelson worked to clarify what she desired from applicants for sketch plat approvals. Staff added that what Member Nelson may be asking for was not required at the sketch plat phase. Staff could ask, but the developer could say no. Staff advised they needed clarification, so that they and developers had a clear codified list of requirements for this type of request and could move to the next development phase. 

 

Mayor Johnson advised the types of items Member Nelson was interested in were required at some point in the development project. It was reiterated that a prescribed disclaimer from State Statues was provided and communicated to developers or applicants on requirements to complete all other State and federal agency development requirements. 

 

Member Jordan summarized the Council was debating the Planning and Zoning Commission’s third condition of approval, being “…(3) Require the developer to provide proof of the required protection of protected animal species to the furthest extent possible abiding by state regulations”. Member Jordan advised that this was not the phase of the project’s timeline when this requirement was due, but rather it would come later and after the developer or applicant received “the green light” to move to the next steps of the development stages and it was time to get project permits. 

 

City Attorney Broome further reviewed information and processes. 

 

Vice-Mayor Diesel was interested in water quality. He also did not want to “create hoops” and “move the target” on developers. 

 

Ms. Rezanka desired re-reviewing the City’s Codes. She felt there may be some individuals that wanted to impose conditions or require items that were not required by City Codes, which could cause a burden on the developer or applicant. Her main concern was getting an arborist to address concerns on trees. 

 

Motion:

Member Nelson moved to table the Brooks Landing Subdivision - Sketch Plat to a future City Council meeting, to allow staff additional time to review the agenda item. Vice-Mayor Diesel seconded the motion and 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. 

 

Community Development Director Peggy Busacca advised that her staff would bring back information to Council following further review of Council’s comments and concerns at this City council meeting. Staff would also have to determine a date to bring this agenda item back to City Council for consideration.  

 

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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 Johnson submitted his written report.

 

xxx

 

 

Council Reports – No reports were provided. 

 

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CITY MANAGER’S REPORT

 

City Manager's Report - City Manager Larese submitted his written report. All items were informational only, as followed:

 

  • Student Advisory Council 
  • Fiscal Year 2021 Budget Workshop (Special City Council meeting) – August 12, 2020 at 5PM at City Hall
  • Fiscal Year 2021 First Budget Public Hearing (Special City Council meeting) – September 9, 2020 at 5:30 PM at City Hall
  • Fiscal Year 2021 Second and Final Budget Public Hearing (Special City Council meeting) – September 17, 2020 at 5:30 PM at City Hall

 

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CITY ATTORNEY’S REPORT – No report. 

 

xxx

 

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

 

 

Walt Johnson, Mayor

 

ATTEST:


Wanda F. Wells, City Clerk