Regular City Council - October 27, 2020 6:30 PM

  1. Agenda

CITY OF TITUS VILLE
COUNCIL AGENDA
October 27, 2020
6:30 PM - Council Chamber at City Hall
555 South Washington Avenue, Titusville, FL 32796

The City Council meeting may be conducted by utilizing communications media technology (CMT), as provided in section 120.54(5)(b)2, Florida Statutes without having a quorum of Council physically present in the Council Chambers. In order to help prevent the spread of the COVID-19 (Coronavirus) and to comply with all local, state, and federal laws and guidelines regarding social distancing and social gatherings, designated seating shall be provided for the public within City Hall. Individual speakers shall, when directed to do so, be given the opportunity to speak on agenda items at City Hall during the meeting in accordance with City of Titusville Resolution No. 16-2020. Signs held by speakers are permissible, but no tripods, easels, props or other demonstrative aids shall be brought into City Hall. In addition to the regular broadcasts of the Council meeting via closed circuit television and livestream YouTube video, which may be accessed through the City's website, video and audio of the meeting will also be provided within City Hall for the public in attendance. As an additional method for public participation the public may submit written comments, via email to city.agenda@titusville.com or by regular mail to City Council's attention at City Hall, 555 S. Washington Ave, Titusville, FL 32796. Written comments must be received by 5:00 p.m. prior to the start of the meeting and include the senders name, address and the subject line must specify the agenda item being addressed. All comments will be disseminated to the Council members and made a part of the public record prior to any action being taken. Speakers who appear in person will be subject to screening for symptoms of COVID-19 and any persons exhibiting symptoms of COVI D-19 will not be permitted to enter City Hall.

Any person who decides to appeal any decision of the City Council with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

Applicants for land use and zoning related items are advised that the resumes of staff members who prepare applicable staff reports are on file in the City Clerk's Office.

The City desires to accommodate persons with disabilities. Accordingly, any physically handicapped person, pursuant to Chapter 286.26 Florida Statutes, should, at least 48 hours prior to the meeting, submit a written request to the chairperson that the physically handicapped person desires to attend the meeting.

 

1.    CALL TO ORDER

2. INVOCATION
A moment of silence will be held.

3.    PLEDGE OF ALLEGIANCE

4.    APPROVAL OF MINUTES

5.    SPECIAL RECOGNITIONS & PRESENTATIONS

A.    Letters of Appreciation
Attached is a list of employee names that received letters of appreciation.

6.    BOARDS AND COMMISSIONS

A.    Municipal Code Enforcement Board
Reappoint two (2) regular members to the Municipal Code Enforcement Board with terms to expire on October 31, 2023. Appoint Alternate Member as a regular member with a term to expire on October 31, 2023 or reappoint as an alternate member with a term to expire on October 31, 2023. (There are a total of three appointments to this board.)

B.    Historic Preservation Board
Reappoint three (3) regular members to the Historic Preservation Board with terms to expire on October 31, 2022.

C.    Titusville Housing Authority
The Titusville Housing Authority's written Semi-Annual Report is included in the agenda packet. No action is required.

D.    2020/2021 Student Advisory Council Membership Appointment
Confirm Ms. Hannah Udo as a member of the 2020/2021 Student Advisory Council and 9th grade representative of Astronaut High School, as nominated by her school.

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

8.    CONSENT AGENDA

A.    Code Enforcement Special Magistrate
Approve the recommendation for awarding the selection of RFQ# 20-Q-036 Special Magistrate - Code Enforcement to Garganese, Weiss, D'Agresta & Salzman,  P.A. Direct staff to negotiate contract for a three (3) year term with option for two (2) one-year renewals for the estimated annual amount of $18,000 and prepare a resolution for Council approval and acceptance. Authorize the Mayor to execute the agreement subject to the approval of final contract terms by the City Attorney.

B.    City Hall Elevator Improvements
Approve the use of the Sourcewell cooperative purchasing contract to complete improvements to the City Hall elevator in the amount of $56,112 to Schindler Elevator Corporation of Orlando, Florida and authorize the Mayor to execute the proposal upon review and approval of written documents by the City Attorney and staff, necessary to complete work.

C.    Accept FY2021 Victim of Crime Act (VOCA) Grant Award
Accept the FY2021 VOCA Grant in the amount of $52,879.00 to fund the FY2021 Victim/Family Advocate position and approve the budget amendment upon receipt of the funds.

D.    Purchase of Police Vehicles FY21
Approve the use of Sourcewell (formerly NJ PA) Contract #2020-120716 NAF for the purchase of twelve (12) vehicles from Alan Jay Fleet Sales, and authorize staff to initiate necessary instruments to secure purchase.

E.    Purchase of Fire Department Staff Vehicles
Authorize purchase of (1) 2021 Ford F250 Crew Cab 4X4 Pick Up, and (1) 2021 Dodge Durango SUV to include associated emergency lighting and siren packages and associated equipment from Alan Jay Fleet Sales for a total amount not to exceed $88,889.50.

F.    Collective Bargaining Agreement between the Laborer's International Union of North America Local 630 and the City of Titusville
Approve the Wage Reopener in accordance with Article 32 - Duration, of the Collective Bargaining Agreement between the Laborer's International Union of North America Local 630 and the City of Titusville.

G.    Purchase of Fire Engine and Associated Tools and Equipment
Approve purchase of a new 2021 Pierce custom pumper fire engine from Ten-8 Fire Equipment Inc. including chassis and all associated tools and equipment for a total purchase price not to exceed $614,125.85, and approve purchase of all associated extrication equipment from Municipal Emergency Services (MES) for a total price not to exceed $40,516.00. Total project cost not to exceed $660,000. Additionally, authorize the Mayor to execute agreements and approval of City staff to issue resulting purchase orders.

H.    Titusville Police Department (TPD) Evidence Lockers
Approve purchase of evidence lockers from Sole Source vendor Patterson-Pope for the quoted amount of $28,872.00.

I.    FY21 TPD Mobile Radio Purchase
Approve the purchase of Mobile Radios not to exceed $81,872.00 from Communications International utilizing State of Florida Contract #43190000-18-NASPO-ACS-1, Public Safety Communication Equipment, Phase 1: Radios, Consoles, Antennas, and Repeaters. Approve issuance of associated purchase order(s).

J.    Purchase of Pac Set (Portable) Radios - FY21
Approve purchase of Pac Set (Portable) Radios not to exceed $44,100.00 from Communications International per State of Florida Contract #43190000-18-NASPO-ACS-1, Public Safety Communication Equipment Phase 1 - Radios Consoles, Antennas, and Repeaters, effective until 06/30/2021 and authorize issuance of purchase order(s). Authorize the City Manager to execute any necessary agreements.

K.    Purchase of Vehicles - Public Works
Approve the use of Florida Sheriffs Association Cooperative Purchasing Program to purchase the budgeted vehicle replacements Z02127, Z02128, and Z02129 to Nextran Truck Center Orlando, Florida in the total amount of $731,447.04 for the purchase of three vehicles. Additionally, approve the associated budget amendment transferring funds to capital outlay project Z02129 for this purchase.

L.    Purchase of Tractor - Public Works
Approve the use of Sourcewell Cooperative Purchasing Program to purchase a tractor and mowing deck from Florida Coast Equipment, Inc of Mims, Florida in the total amount of $37,879.66.

M.    Impact Fee Disbursement Agreement
Approve the impact fee disbursement agreement in the amount of $1,272,803 from the North Mainland TI FT fund. Additionally, approve associated budget amendment allocating these funds to projects and utilizing existing transportation impact fee in the amount of $402,447 held within City funds.

N.    Acceptance of Easement - River Palms
Accept Drainage and Maintenance Easement from River Palms Riverfront Development, LLC.

9.    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.

A.    Right-of-Way Vacate - ROW No. 2-2020 Hope Hammock
Approve Resolution No. 32-2020 approving the ROW No. 2¬2020 application to vacate right of way located adjacent to property on South Brown Avenue, and approve Resolution No. 33-2020 to rescind Resolution No. 27-2020 related to previous ROW vacate request. At their meeting on October 21, 2020, the Planning and Zoning Commission reviewed this request and recommended approval, 7-0.

B.    Conditional Use Permit (CUP) No. 2-2020 Indoor Gun Range, 2300 South Washington Avenue
Staff recommends approval of CUP No. 2-2020 to allow an indoor gun range at 2300 South Washington Avenue with conditions. During their meeting on October 21, 2020, the Planning and Zoning Commission considered this item and recommended approval subject to staff's recommendations and an additional two conditions: (1) Require that the ammunition used at the range be only frangible ammunition and (2) The requirement that all minors between the age of 12-17 be accompanied by a guardian, 5-2. The reasons for the two oppositions: (1) one member stated that the use was not compliant with the surrounding community and was too close to a public school and (2) one member stated their opposition was regarding compliance with criteria 3, 10, and 11 of the conditional use permit criteria.

10. ORDINANCES-FIRST READING

A.    Ordinance No. 19-2020 Correcting References of Terms and Code Provisions

Conduct the first reading of Ordinance No. 19-2020 amending the Code of Ordinances to replace obsolete references of terms and code provisions to insure internal consistency by amending Chapter 5 “Animals”, specifically amending Section 5-105 “Revocation of permit”; Chapter 12 “Miscellaneous Offenses”, specifically amending Section 12-13 “Restrictions on parking recreational vehicles and other vehicles on public lands at certain times”; Chapter 17 “Streets, sidewalks and certain other public places”, specifically amending Sections 17¬1 “Encroachment on public rights-of-way”, 17-33 “Vacating and abandoning streets and alleys” and 17-86 “Underground installation; relocation”; Chapter 21 “Utilities”, specifically Sections 21-1 “Lots served by governmentally owned water/sewer/reclaimed water lines”, 21-26 “Unauthorized use of city water; injuring waterworks properties and facilities” and 21¬66 “Enforcement and penalties”; Chapter 28 “Zoning”, specifically Sections 28-16 “Preexisting conditions” and 28-44 “Sub-districts described”; Chapter 29 “Special districts and overlays”, specifically Section 29-141 “Commercially zoned districts located in low intensity commercial land use categories” and Chapter 30 “Development standards”, specifically Sections 30-382 (c) “Design”, and 34-393 (b) “Applicability of ordinance and resolutions of city to development”; providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (This is the first reading of Ordinance No. 19-2020. The second reading and public hearing is scheduled to be heard by City Council on November 10, 2020 beginning at 6:30 p.m.) The Planning and Zoning Commission considered this ordinance during their meeting on October 21, 2020 and recommended approval as written, 7-0.

B.    Ordinance No. 20-2020 Removing References to Obsolete Zoning Districts

Conduct the first reading of Ordinance No. 20-2020 amending the Code of Ordinances to remove references to obsolete zoning districts Commercial Marina (CM) and Central Business District (CBD) by amending Chapter 11 “Licenses and Business Regulations”, specifically amending Sections 11-332 “Mobile vendors”, 11-340 “Special events vendor”, 11-341 “Seasonal sales vendor” and 11-516 “Temporary auto sales and shows”, amending Chapter 27 “General Provisions”, specifically amending Section 27-30 “Additional requirements for zoning districts consistent with Downtown Mixed-Use land use”, amending Chapter 37 “Definitions”, specifically amending Section 37-1 “Definitions” by clarifying the permissible zoning districts; providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (This is the first reading of Ordinance No. 20-2020. The second reading and public hearing is scheduled to be conducted by City Council on November 10, 2020 at 6:30 pm.) The Planning and Zoning Commission considered this ordinance during their meeting on October 21, 2020 and recommended approval as written, 7-0.

C.    Ordinance No. 21-2020 - Relating to Site Plan Review Thresholds

Conduct the first reading of Ordinance No. 21-2020 amending the Code of Ordinances by amending the application classifications for site plans, by amending Chapter 34, “Procedures”, specifically amending Section 34-214 “Application classifications and review schedules”; providing for severability, repeal of conflicting ordinances, an effective date and incorporation into the code. (This is the first reading of Ordinance No. 21-2020. The second reading and public hearing is scheduled to be conducted by City Council on November 10, 2020 beginning at 6:30 PM.) The Planning and Zoning Commission considered this ordinance during their meeting on October 21, 2020 and recommended approval as written, 7-0.

D.    Ordinance No. 22-2020 Relating to Minimum Lot Size for Townhomes

Conduct the first reading of Ordinance No. 22-2020 amending the Code of Ordinances to correct internal inconsistencies and eliminate the minimum five (5) acre lot size for townhomes in multi-family zoning districts by amending Chapter 28 “Zoning”; Section 28-81 “Townhomes”; providing for severability; repeal of conflicting ordinances; for an effective date and for incorporation into the code. (This is the first reading of Ordinance No. 22-2020. The second reading and public hearing is scheduled to be conducted by City Council on November 10, 2020 at 6:30 PM. The Planning and Zoning Commission considered this ordinance during their meeting on October 21, 2020 and recommended tabling to their next regular meeting. The commission requested an analysis of all infill lots in the City that would be impacted by the proposed Code Change, 7-0.

11.    OLD BUSINESS

12.    NEW BUSINESS

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

14.    MAYOR AND COUNCIL REPORTS

A.    Mayor's Report
The Mayor's Report is included in the agenda packet.

B.    Council Reports
City Council Members will provide their individual reports.

15.    CITY MANAGER’S REPORT

A.    City Manager's Report
The City Manager's Report is included in the agenda packet.

16.    CITY ATTORNEY’S REPOR