Regular City Council Meeting - October 13, 2020 at 6:30 PM

  1. Minutes

City Council

Regular Meeting

October 13, 2020

 

The City of Titusville City Council met in regular session on Tuesday, October 13, 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 Dan Diesel, and City Council Members JoLynn Nelson and Robert Jordan. Also present were City Manager Scott Larese, City Attorney Richard Broome, and Assistant City Clerk Jolynn Donhoff. 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.

 


 

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

 



City Manager Larese advised that the applicant for agenda item 9A – Small Scale Comprehensive Plan Amendment with Rezoning – SSA No. 2-2020 Cottages requested that the item be withdrawn. 

 


 

APPROVAL OF MINUTES 

 

Motion: 

Member Nelson moved to approve the minutes of the regular City Council meeting on September 8, 2020 and special City Council meetings on September 9, 2020 and September 17, 2020.  Member Jordan 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

 

The motion carried unanimously. 

 



SPECIAL RECOGNITIONS & PRESENTATIONS


Staff Presentation – Status of Homelessness – In response to a citizen request on September 22, 2020, staff was requested to prepare a presentation regarding homelessness. Neighborhood Services Department Director Terrie Franklin gave a presentation highlighting the following: 

 

  • Homeless Plan Development 
  • 11-Point Homeless Plan
  • Coordinate Assessment Process
  • Plan Outcomes
  • Street Homelessness – September 2019
  • 2-1-1 Call Volume – Titusville 2019
  • Homelessness – 2020
  • Assistance Comparison 2019 vs 2020
  • 2020 County-Wide Financial Assistance Referrals 

 


Mayor Johnson requested that the Assistant City Clerk Jolynn Donhoff 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.



BOARDS AND COMMISSIONS


Planning and Zoning Commission – The request was to appoint one alternate member to the Planning and Zoning Commission with an unexpired term to expire on January 31, 2022. 

 

City Manager Larese advised that there were two applications on file for consideration by Council, Mr. Robert (Stan) Johnston and Ms. Catherine Riley and both had expressed their willingness and desire to serve. 

 

Catherine Riley introduced herself to the Council and reviewed her qualifications and expressed her desire to give something back to her community. 

 

Robert (Stan) Johnston reviewed his qualifications to serve on the Planning and Zoning Commission. He also stated that he thought Ms. Riley would be a great fit and that her heart is for the good of the City, however, he felt Ms. Riley had been misled by Member Nelson.  

 

There were written comments submitted anonymously to the Council via electronic mail that was distributed by City Staff. 

 

 

Motion:

Member Nelson moved to appoint Catherine Riley to the Planning and Zoning Commission as an alternate member with a term to expire on January 31, 2022. Vice-Mayor Diesel seconded the motion. The roll call vote was as follows:

 

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                 Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

 

The motion carried unanimously. 

 



North Brevard Commission on Parks and Recreation – The North Brevard Commission on Parks and Recreation’s written Semi-Annual Report was included in the agenda packet. No action was required by Council. 

 

Mayor Johnson and Vice-Mayor Diesel took a moment to express their appreciation to Jeff Davis and the Brevard County Parks and Recreation team for the awesome job they have done in assisting the City with maintaining the City of Titusville parks. 

 


PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM)


Stan Johnston read excerpts from a letter that he distributed to the City Council via e-mail on October 2, 2020. 

 

Walter Miller stated that the City had septic issues, which caused drainage issues on Abbott Avenue that was causing driveways to collapse. Mr. Miller stated that the City had been repairing the full extent of the damages done to the driveways at a rapid pace, except for his driveway. His request was for the City to repair his driveway to the full extent of the damage. 

 

A citizen (who was not identified) spoke in addition to Mr. Miller regarding the damages done to his driveway due to the drainage issues on Abbott Avenue. He requested the City repair the damages to the driveway.

 

Public Works Director Kevin Cook advised that the City offered to replace the concrete where the pipe was located, but more damage was being claimed and that staff had passed it along to the City’s Risk Manager as a claim of damages. 

 

George Mikitarian III stated that he was there in follow-up from Mr. Cole who spoke at a prior Council Meeting regarding the Humanity Task Force. On behalf of the task force, Mr. Mikitarian presented a Proclamation the task force came up with that they requested for the City to review. This Proclamation would support the Humanity Task Force, but also designate the City of Titusville as a City of social justice.
 



CONSENT AGENDA 

 

Assistant City Clerk Jolynn Donhoff advised that there were speaking cards submitted for items D, E, G, H, J, L, and M. 

 

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

 

A.  Annual Contract for the Purchase of Quick Lime – Approve the use of the City of Cocoa bid #B-20-19-COC awarded on September 23, 2020 to Carmeuse Lime for the purchase of Quick Lime on an as needed basis beginning October 1, 2020 through September 30, 2021 with two (2) optional one-year renewals. In accordance with completion of City of Cocoa contract, consent for issuance of a piggyback agreement between the City of Titusville and Carmeuse Lime upon review and approval of content by City Attorney; and authorize the Mayor to execute. In addition, authorize the inclusion of the awarded firm in the approved Vendor of Record List for purchases of this chemical; and authorize the City Manager to issue purchase orders to acquire said chemical on an as needed basis in accordance with the authorization permitted for Vendors of Record. 

 

B. Amendment 1 - Coronavirus Relief Funds (CRF) Grant Agreement – Accept additional grant funding in the amount of $92,996 from the State, approve the associated Budget Amendment, and authorize execution of agreement amendment with the Florida Housing Finance Corporation.

 

C. Authorize Interlocal Agreement with Brevard County for Hope Hammock Affordable Housing Project – Approve and authorize execution of interlocal agreement with Brevard County for a joint affordable housing project located at 550 S. Brown Avenue.

D. 2020 Tree City USA Recertification Application – Authorize the Mayor to sign the 2020 Tree City USA recertification application.

E. Award of Contract for Lift Station Emergency Power Generators – Approve the award of Contract for Bid No. 20-B-031 to Canaveral Construction Company, Inc. of Mims, FL for the installation of seven (7) emergency power generators at various City lift stations in the amount of $809,614.57 and authorize the Mayor to execute the Contract.
 

F. Titusville Student Advisory Council Scholarship Policy Revisions – Approve the attached revised Titusville Student Advisory Council Scholarship Policy.

G. Approve Change Order - Cure-In-Place Pipe (CIPP) – Approve change order #1 to Hinterland Group, Inc. of Cocoa, Florida in the amount of $38,386 to furnish and install additional Cure In-Place Pipe (CIPP) Liner in various areas of the City; and authorize the Mayor to execute the change order.

H. Work Order for Engineering Programming Services for the Osprey Water Reclamation Facility – Approve the award of Work Order #02 to Rocha Controls Municipal and Industrial Control Systems of Tampa, FL in the amount of $90,630 to provide consulting and programming services including but not limited to upgrading the Osprey Water Reclamation Facility (WRF) SCADA System and authorize the Mayor to execute the work order. In addition, consent to piggyback agreement between the City of Titusville and Rocha Controls upon review and approval of City Attorney and City Manager for execution by Mayor.

I. Amendment to Clean Vessel Act Grant - CVA19-967 – Accept the extension of the Clean Vessel Act Grant for an additional two years and approve the receipt of an additional $16,500 in funding to continue to maintain the pump-out boat. Authorize the City Manager or his designee to sign the grant amendment. Additionally, approve the budget amendment recognizing $16,500 of grant revenue and authorizing the required city match of $5,500.

 

J. Advisability for Right of Way Application No. 02-2020 – Adopt Resolution No. 31-2020 declaring that the City Council will hold a public hearing to consider the vacating, abandoning, and discontinuing of certain public right-of-way on October 27, 2020 at 6:30 p.m. in the Council Chamber located at 555 S. Washington Avenue. 

 K. FY 20 Local JAG Grant – Approve acceptance and receipt of funds in the amount of $21,266.00.

 

L. Fire Department Gear Room Renovations – Approve the award of Fire Department Gear Room Renovations to CRM Construction Management from Titusville, FL in the amount of $48,707.52 for the renovation of three of the Fire Department’s Gear Rooms. Additionally, approve the attached budget amendment to increase the current budgeted amount of the project by $18,707.52, and authorize the City Manager to execute the contract documents upon review and approve of content by City Attorney.
 

M. City Hall Restroom Renovations – Approve the award of City Hall Restroom Renovations to CRM Construction Management from Titusville, FL in the amount of $72,725.43 for the renovation of all four City Hall restrooms. Additionally, approve the attached budget amendment to increase the current budgeted amount of the capital improvement project by $8,979.43 and authorize the Mayor to execute the contract documents upon review and approval of content by City Attorney and contract increase.

 

Trenton Mansfield spoke on Consent Agenda items 8L and 8M. He asked why there was cost amendments to the budget on the Fire Department Gear Room Renovations and also on the City Hall Restroom Renovations. 

 

Public Works Director Kevin Cook stated that on both items 8L and 8M, they were moving budgeted funding from another project to those particular projects to match the lowest bid that was received.   

 

Stan Johnston submitted public speaking cards on Consent Agenda items D, E, G, H, J, L, and M. Mr. Johnston stated he did not agree with select Consent Agenda items being submitted for approval and that he recommended the City review their budget, etc.  


Motion:

Member Jordan moved to approve Consent Agenda items A through M, as recommended. Vice-Mayor Diesel seconded the motion. The roll call vote was as follows:

 

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

 

Second Reading, Public Hearing and Related Action (Quasi-judicial) THE FOLLOWING ITEMS ARE SUBJECT TO QUASI-JUDICIAL RULES OF PROCEDURE. ANYONE WISHING TO SPEAK ON AN ITEM MUST FIRST COMPLETE AN AGENDA SIGN-UP CARD AND SIGN THE OATH CONTAINED THEREON. THOSE SPEAKING IN FAVOR OF A REQUEST WILL BE HEARD FIRST. IF YOU HAVE PHOTOGRAPHS, SKETCHES, OR DOCUMENTS THAT YOU DESIRE FOR CITY COUNCIL TO CONSIDER, THEY MUST BE SUBMITTED INTO EVIDENCE AND WILL BE RETAINED BY THE CITY. SUBMIT THESE EXHIBITS TO THE CITY CLERK. 

 

  1. Small Scale Comprehensive Plan Amendment with Rezoning – SSA No. 2-2020 Cottages – 

City Manager Larese advised previously in the meeting that this item was withdrawn by the applicant. 

 

  1. Small Scale Comprehensive Plan Amendment with Rezoning – SSA No. 3-2020 Verona Subdivision – Conduct the public hearing and second reading of Ordinance No. 17-2020 amending the Code of Ordinances by amending Ordinance No. 60-1988, which adopted the comprehensive plan of the City of Titusville, by amending the land use designation on approximately 4.53 acres of land located in the Verona subdivision on Prosecco Lane, Moscato Drive, Fortuna Way and Verdello Place, with parcel I.D. numbers 23­35-10-50-*-I, 23-35-10-50-*-J, 23-35-10-50-*-K, 23-35-10-50-­*-V and 23-35-10-50-*-W, by replacing the Conservation future land use designation with the Medium Density Residential future land use designation; and providing for an effective date.

 

AND 

 

Ordinance No. 18-2020 amending Ordinance No. 5-1993 of the City of Titusville, Florida, by amending the zoning map made a part of said ordinance by reference by replacing the Open Space and Recreation (OR) zoning district with the Single-family High Density (R-1 C) zoning district on approximately 4.53 acres of land located in the Verona subdivision on Prosecco Lane, Moscato Drive, Fortuna Way and Verdello Place, with parcel I.D. numbers 23-35-10-50-*-I, 23-35-10-50-*-J, 23-35-10-50-*-K, 23-35-10-50-*-V and 23­35-10-50-*-W; and providing for an effective date.

City Manager Larese advised that at the Planning and Zoning Commission’s meeting on September 16, 2020, the Commission recommended approval of both ordinances (5:2). The Planning and Zoning Commission further recommended (7:0) that staff review the subdivision and development process to prevent the filling of wetlands prior to the change of Open Space and Recreation (OR) zoning and Conservation Land Use. 

The request from the applicant was for a Small Scale Comprehensive Plan Amendment to amend the boundaries of the Conservation Land Use designation and Open Space and Recreation (OR) zoning district. The intent of the request was to correct future land use and zoning on  4.53 acres that are not wetlands or not impacted by wetlands for which the required mitigation was completed in order to amend the formal Verona Plat formally known as Willow Creek Phase I.
 

Verona Willow Creek Phase I sketch plat was approved by City Council on June 12, 2018 and the applicant held a community meeting to discuss the additional 18 lots on November 12, 2019.

 

Community Development Director Peggy Busacca advised that at the time of the sketch plat, the applicant chose to move forward with the project designating the specified areas as parks which was permitted under the OR zoning. With the note as part of the previous sketch plat, the intent of the applicant was after the mitigation was complete for the wetland impacts, the applicant would then come back before City Council, which was where they were in the process.  Discussion ensued by City Council and staff.


Rodney Honeycutt explained that in the sketch plat process, the areas that were going to be designated as park tracks were going to come back as single-family lots. He also stated that this was a 660-acre site and 224 acres that was to be preserved was wetlands, not including the parks that were planned also. Mr. Honeycutt stated that all they were asking was when the fringe area of wetlands come into the proposed lots in the subdivision that they would be allowed to make them as lots. He also advised that it was not a solid row of lots, but that they avoided wetlands in several areas.


Assistant City Clerk Jolynn Donhoff advised City Council that staff received written comments via electronic mail from the following individuals: Dwight Severs, Mary Sphar, Marlys Breckle, and William Klein.   


Toni Shifalo urged Council to not value developers’ dollars more than tax payer’s dollars needed to correct polluted stormwater runoff and ecological degradation from their developments.

 

Kay St. Onge stated that it did not sit well with her that the developer originally stated they were going to provide parklands and then they were requesting for the parklands to be rezoned for single-family residences. Ms. St. Onge stated that she wished to see Council direct staff to review the process and it be aligned with the stipulations in the Land Development Regulations.

 

Stan Johnston stated that he did not know what the best decision was that needed to be made in this situation.

 

Mary Sphar stated that the City should look at their process to avoid situations like this for future developments.

 

Mr. Honeycutt reminded the Council that the Planning and Zoning Commission heard the same information as the City Council and they recommended approval 5:2. He also advised that this information came before Council in the approval of the sketch plat and they had followed it exactly. Mr. Honeycutt also advised that even with COVID-19, development was strong and with that there are always anti-development people speaking out against large developments.

 

Motion:

Member Jordan moved to approve Small Scale Comprehensive Plan Amendment with Rezoning, SSA No. 3-2020 Verona Subdivision and approve Ordinance No. 17-2020, 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. 

 

Motion: 

Member Jordan moved to approve Ordinance No. 18-2020 as recommended. Vice-Mayor Diesel seconded the motion. The roll call was as follows:  

 

Member Stoeckel                    Yes
Member Jordan                       Yes

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                 Yes

 

The motion carried unanimously.


Member Nelson requested staff bring back an advisability to Council regarding including parks in each of the subdivisions. Ms. Busacca advised changing the advisability for a park or a park within walking distance depending on the size of the subdivision development.

 


ORDINANCES-FIRST READING – None.

 


OLD BUSINESS – None.

 


 

NEW BUSINESS

 

Advisability Regarding Home Based Businesses – City Manager Larese highlighted the information that was included in the agenda packet.

 

On September 22, 2020 a citizen requested that the City amend the Code to allow client visits at a home-based business. At that time, Council directed staff to provide a report with information and options to review. In the agenda packet was the staff report outlining the current City and County Codes related to home-based businesses, including Code Enforcement comments and options for Council’s consideration.

 

Dedra Haynes-Waller stated that she had been speaking with Community Development Director Peggy Busacca and stated that she would like to know if Council had time to look at the information that was included in the agenda packet and make a decision.

 

Community Development Director Peggy Busacca stated that Council had three options and those were to not make any changes, allow the neighbors to have some input and have Ms. Hanes-Waller apply for a Conditional Use Permit, or have Ms. Hanes-Waller apply for a Limited Use Permit, which involved Council’s direction to staff to come up with the regulations.

 

Lynn Golden stated she was a neighbor of Ms. Deidra Hanes-Waller. Ms. Golden stated that they went around to Ms. Hanes-Waller’s neighbors and spoke to them about her home-based business.

 

Discussion ensued by Council regarding the options that Ms. Busacca presented to Council regarding Ms. Hanes-Waller’s home-based business.

 

Motion: 

Member Jordan moved to have staff come back to Council with an ordinance with specific criteria for the Limited Use Permit. Vice-Mayor Diesel seconded the motion.

 

With a consensus, City Council added specific limited uses they recommended to be incorporated into the ordinance: no signs, limit on parking, limit on only residence participating in home-based business.   

 

The roll call was as follows:

 

Member Jordan                       Yes

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                 Yes
            Member Stoeckel                    Yes

 

The motion carried unanimously.

 


 

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


MAYOR AND COUNCIL REPORTS

 

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

 


 

Council Reports

 

Member Jordan wanted to clarify that he felt that him and Mayor Johnson were disagreeing about agreeing when it came down to the Proclamation earlier in the meeting. Mayor Johnson stated he felt like the City was doing what they were requesting already, but he would take a look at the proposed Proclamation and make a decision.
 



Vice-Mayor Diesel stated he went to the Hope for North Brevard homeless coalition and that it was very enlightening. Vice-Mayor also stated that he went to his second meeting with the Melbourne Police and Community Relations Board and that he felt they had a good thing going and it was the direction he would hope to see the City of Titusville go in. Vice-Mayor Diesel was also able to attend an environmental seminar at Dixie Crossroads and advised that it was an outstanding presentation. 

 



Member Nelson stated she would like to see City Council give direction to the Titusville Environmental Commission to work with staff on how to end the stormwater runoff.  

 


City Manager's Report – City Manager Larese advised that he had one action item for Council. The second City Council meeting that was scheduled for December 22, 2020, it was customary that City Council cancel this meeting in the past due to the Christmas holiday. The request was for Council to come to vote on whether or not to cancel the City Council meetings on December 22, 2020 at 5:30 p.m. and 6:30 p.m.  

 

Motion: 

Member Nelson moved to cancel the meetings on December 22, 2020 at 5:30 p.m. and 6:30 p.m. Vice-Mayor Diesel seconded the motion. The roll call vote was as follows: 

 

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                 Yes
            Member Stoeckel                    Yes

Member Jordan                       absent during vote

 

The motion carried 4:1. 

 


 

The rest of the City Managers report was informational items only. 

 


 

Vice-Mayor Diesel inquired on whether or not there was going to be a Christmas Parade this year. City Manager Larese advised that there had not been any applications received by the City to date. 

 


 

CITY ATTORNEY’S REPORT – None. 


With no further business to discuss, the meeting adjourned at 10:02 p.m.

 

Walt Johnson, Mayor

 

ATTEST:

Wanda F. Wells, City Clerk